Divorce/Bankruptcy/Help!!!

[mzbutter 1]

Hi all...

I immigrated my childs father here last year and we got married May of 2015. It was a living hell. He lied about really wanting to be with me. He did not spend time with our child. When he did work he did not help out financially. I found out he was telling everyone we only got married so he could come to the states. This is NOT what he told me. He left to another state at the beginning of this year *mutual decision as we were both miserable.* He has his 2 year green card and work visa.

I am in the process of filing bankruptcy because of all the expenses of bringing him out here and trying to buy him everything he wanted and paying for our wedding by myself. The stress has caused me to go on medication.

I want to file a divorce. I don't care if he stays in the states~if he goes back to his country he will most likely be dead within a year. I don't hate him, but neither one of us want to be together. I don't want to be responsible for anything he does because he makes horrible choices and I know it will cost me financially somehow.

If we file/get a divorce prior to the filing for adjustment of status, can he still file for ROC on his own?

Am I still responsible for him financially after?

Should I just wait until he files next year and then divorce?

I will retain sole custody of our child as he is NOT fit to take care of said child.

Any clear answers are appreciated as I am just at wits end as to what to do.

[Merrytooth 5,748]

If we file/get a divorce prior to the filing for adjustment of status, can he still file for ROC on his own?

Am I still responsible for him financially after?

Should I just wait until he files next year and then divorce?

I will retain sole custody of our child as he is NOT fit to take care of said child.

Any clear answers are appreciated as I am just at wits end as to what to do.

1) If you file for divorce now, he can file ROC on his own with divorce waiver. He has to prove bona fide marriage with financially co-mingled evidence

2) Since you signed I-864 for him:

According to the terms of the I-864, a sponsor's obligations terminate only when one of the following conditions applies to the sponsored immigrant:

• He./she has worked, or can be credited with, 40 quarters of coverage under the Social Security Act;
• He/she becomes a United States citizen;
• He/she no longer has lawful permanent resident status, and has departed the United States;
• He/she becomes subject to removal, but applies for and obtains in removal proceedings a new grant of adjustment of status, based on a new Affidavit of Support, if one is required;
• He/she dies.

3) As for custody of your child, it will be determined by your divorce court.

[mzbutter 1]

We never co-mingled our banking. I actually had him get his own bank account which he somehow overdrew by $1000 and of course has been turned over to collections for. Damn. I feel like I am just stuck.

I guess he can file ROC on his own because it looks like either way I am stuck holding the bag.

He/she becomes subject to removal, but applies for and obtains in removal proceedings a new grant of adjustment of status, based on a new Affidavit of Support, if one is required;

**I guess this would be the only option, but I don't think anyone else will step up to do this...and he does not make enough $$$**

[Cheezees 1,514]

Hi all...

I immigrated my childs father here last year and we got married May of 2015. It was a living hell. He lied about really wanting to be with me. He did not spend time with our child. When he did work he did not help out financially. I found out he was telling everyone we only got married so he could come to the states. This is NOT what he told me. He left to another state at the beginning of this year *mutual decision as we were both miserable.* He has his 2 year green card and work visa.

I am in the process of filing bankruptcy because of all the expenses of bringing him out here and trying to buy him everything he wanted and paying for our wedding by myself. The stress has caused me to go on medication.

I want to file a divorce. I don't care if he stays in the states~if he goes back to his country he will most likely be dead within a year. I don't hate him, but neither one of us want to be together. I don't want to be responsible for anything he does because he makes horrible choices and I know it will cost me financially somehow. I am so sorry this is happening to you!

If we file/get a divorce prior to the filing for adjustment of status, can he still file for ROC on his own? Yes, but you also say you don't care so it doesn't really matter.

Am I still responsible for him financially after? Yes, you signed the Affidavit of support which means that you are on the hook for any means-tested assitance he might apply for. It does not mean you have to give him money, pay his rent/bills, etc.

Should I just wait until he files next year and then divorce? NO! The person who initiates the divorce proceedings has the upper hand. From your account of the situation, it is both something that you want and need. Do not let him control how the divorce goes forward.

I will retain sole custody of our child as he is NOT fit to take care of said child.

Any clear answers are appreciated as I am just at wits end as to what to do.

Good luck!

[Caykay1 71]

Too bad but all you have to file for divorce and move on with your life. After doctor who is finalized, you're not in any way or form responsible for him.

[mzbutter 1]

Thank you for your responses. I truly appreciate them.

I will file for the divorce and he can file the ROC on his own and what will be will be.

It's not that I don't care--I hope he can stay in the country and work & become a better person. Jamaica is a death sentence.

I don't think he will file for any assistance.

[IcezMan_IcezLady 582]

So the I-864 doesn't mean that you will pay for his bills but if he wants to make life a living hell for you, he could get public assistance and not work, then it will be coming out of your paycheck.

I watch a documentary years ago about Senegalese doing that to his Canadian bride. He actually blackmailed the bride with the affidavit of support if she tried to get him deported. So long as he doesn't try to go that route, you are out of the nightmare. That's why some folks actually prefer to get the spouse sent back to his or her home country. Good luck to you.

The link below has a similar story:

http://www.immigrationwatchcanada.org/2006/07/09/runaway-spouses-get-golden-ticket-sham-marriage/

[mzbutter 1]

The only reason I don't think he would try to do that to me is because of our child. He knows he would be making his childs life worse. He is ###-backward in a lot of ways, but at the end of the day he wants what is best for his child.

Thank you for the information!

[Pinkrlion 2,722]

We never co-mingled our banking. I actually had him get his own bank account which he somehow overdrew by $1000 and of course has been turned over to collections for. Damn. I feel like I am just stuck.

I guess he can file ROC on his own because it looks like either way I am stuck holding the bag.

He/she becomes subject to removal, but applies for and obtains in removal proceedings a new grant of adjustment of status, based on a new Affidavit of Support, if one is required;

**I guess this would be the only option, but I don't think anyone else will step up to do this...and he does not make enough $$$**

Sorry to hear it did not work. It is hard when a child is involved.

In your divorce proceedings you determine marital debt, so you will not be financially responsible for any debt he has incurred.

He can ROC on his own, you do not have to worry about anything further immigration wise.

If he deported/removed your I-864 obligation ends as he no longer has a GC.

[Jawaree 717]

A general thinking I have is ladies if you have a baby-daddy he did not propose or marry you in home country,

but when you get to the USA he realizes he wants to suddenly marry you, in most cases leave him there, let

him bond with his kids summer-time , 80% of the time its a proposal to get a GC

Well he can ROC on his own, move on with your life you'll find a true man, and allow him to stay here & work just

go to family support court for your child....Just pray he keeps working , until he applies for citizenship you can be

on the hook for the I 864

[Caykay1 71]

Too bad but all you have to file for divorce and move on with your life. After divorce is finalized, you're not in any way or form responsible for him.

Noticed some errors in my reply

[Soloenta 2,218]

We never co-mingled our banking. I actually had him get his own bank account which he somehow overdrew by $1000 and of course has been turned over to collections for. Damn. I feel like I am just stuck.

I guess he can file ROC on his own because it looks like either way I am stuck holding the bag.

He/she becomes subject to removal, but applies for and obtains in removal proceedings a new grant of adjustment of status, based on a new Affidavit of Support, if one is required;

**I guess this would be the only option, but I don't think anyone else will step up to do this...and he does not make enough $$$**

If you don't know his address and the times comes for adjustment of status and he doesn't show up he will be deported. I'm sorry but I think he needs to go back home since he committed fraud not only to the US government but you.

[Caryh 5,206]

In your divorce proceedings you determine marital debt, so you will not be financially responsible for any debt he has incurred.

If both people had signed as borrowers or as the responsible individuals, you can still be held responsible for the debt. The court can only order each individual what part of commingled debt each should pay. This does not absolved them of the debt if their former spouse fails to pay their part. The party the debt is owed to can still come after the spouse the family court said was not responsible for it. They would then have to file their own action against their former spouse in an attempt to get them to pay back the debt they had been ordered to pay in the divorce.

[Ortolan 381]

If we file/get a divorce prior to the filing for adjustment of status, can he still file for ROC on his own? Yes, he sure can, but he'll have to prove that the marriage was a legitimate marriage and not solely for his Green Card.

Am I still responsible for him financially after? Yes you are, if he applies for public assistance. You're not actually obligated to "support" him, per se; if he's working, of course he can support himself. But you'll have to reimburse the Govt. if he applies for any sort of public assistance (food stamps, housing, etc.)

Should I just wait until he files next year and then divorce? Why would you wait? Your marriage is broken.

I will retain sole custody of our child as he is NOT fit to take care of said child. If you want sole custody, you'd better get that in your divorce decree, solid. See a divorce lawyer ASAP. Preferably one that has some immigration experience. Since you're having financial difficulties, try to get help from your parish or from Legal Aid in your area.

[zorus40k 21]

If we file/get a divorce prior to the filing for adjustment of status, can he still file for ROC on his own?

Am I still responsible for him financially after?

Should I just wait until he files next year and then divorce?

I will retain sole custody of our child as he is NOT fit to take care of said child.

You should find good licensed family law attorney and try to pursue annulment based upon fraud

And you need to report him to USCIS of course to ensure he will not get his 10y GC

You want to end his permanent residency to avoid being used as a sponsor

Responsibilities as a Sponsor

When you sign the affidavit of support, you accept legal responsibility for financially supporting the sponsored immigrant(s) generally until they become U.S. citizens or can be credited with 40 quarters of work. Your obligation also ends if you or the individual sponsored dies or if the individual sponsored ceases to be a permanent resident and departs the United States.

Note: Divorce does NOT end the sponsorship obligation.