Can spouse get permanent visa on his own?

[EllaDRNY 1]

Good evening, my question is straightforward can my husband who has a 2 year green card apply for a permanent green card on his own? If I don't submit for him? I eventually want a divorce. We are having issues that are not changing and I don't know if I want to continue process for him so wanted to know if he can do it alone.

[Redheadguy03 505]

Yes he can. As long as he entered the marriage in good faith he can apply. You or a cosponsor, if you had one would still be on the hook if the government decided to come after you for any kind of reimbursement. 

[EllaDRNY 1]

When you come after me, do you mean in the event he does something? Thanks for the reply. 

Issue also is I purchased a house in Fl and bc we are married they had him sign although I am the owner FL law says he is entitled to my property. Everytime we argue he says let's get a lawyer to split this...smh

[Ontarkie 14,237]

~~Moved to Effects of Major Family Changes, from AOS Family K1/K3~~

[Boiler 45,584]

He can file with a Divorce Waiver, the financial aspects are best dealt with by your Divorce Lawyer. Well there is the I 864 you signed.

[little immigrant 801]

Technically he is the petitioner to remove conditions (10 year green card). And if you two are divorced he doesn't need your signature. So yes he can do it all by himself. 

[CJKylie 161]

37 minutes ago, EllaDRNY said:

When you come after me, do you mean in the event he does something? 

In the event that he becomes a public charge, ie goes on welfare etc

[Nitas_man 3,100]

I'm pretty sure he's entitled to half of whatever the two of you accumulated, not half of whatever you two had before the marriage.  It isn't as straightforward as "he's on the deed" if he didn't contribute any of his own assets to the purchase.  Includes a house purchased during the marriage with "separate assets" meaning assets that were held before the marriage.

As to the ROC, yes he can file on his own and yes you are on the hook for the support affidavit.  He might even be able to hit you up for spousal support on that basis.  As the old saying goes "cheaper to keep her" - it sometimes works in reverse.

 

 

[EllaDRNY 1]

Thank you guys for the clarity on my issue. I am sure I am not alone. 

I'm sure we will not be divorced by the time his documents need to be sent (December) but I dont want to be part of that for him. I understand  the liabilities that come with signing the affidavits. He will have to pay a lawyer bc last time around I did the paperwork and filing on my own and got him here to the US and this time I dont want to. He is not cheating that I know of it's just we are incompatible.