Help Urgent about AOS - Expert people

[Orangesapples 1,954]

10 minutes ago, Illiria said:

He could promise anything but there would be nothing his wife could do to ensure that he did in fact do it and by that time the wife would be on the hook until he either reached 40 quarters of work, gave up the green card, or he died. 

 

 

What kind of marriage is that? Legally half of her salary is his anyway since they're married. 

 

This doesn't seem right. 

[Dashinka 24,519]

8 minutes ago, Orangesapples said:

What kind of marriage is that? Legally half of her salary is his anyway since they're married. 

 

This doesn't seem right. 

What if he cannot get into the US to collect?  I agree, there is more to the story here.

[Illiria 980]

2 minutes ago, Orangesapples said:

This doesn't seem right. 

The affidavit of support continues until one of the following conditions are met - 40 quarters of work, naturalization, giving up the green card, or dying. 

 

Blatently there is something up here, if she is reluctant to be on the hook for him financially then she is not confident in him or in their relationship. This should be addressed first and foremost. 

[Marieke H 2,512]

So you arrived on a K1 a while ago, but left before you got married. Your second K1 was refused because the CO did not believe that you would get married. Then you did get married, filed for a CR1, and now your wife does not want to sign the affidavit of support. To me, it seems like she wants out of this marriage. You guys need to have an honest conversation about your future. No one here can help you.

[Sercanned 21]

being sponsor is not that responsibility. by putting you there she will be make sure that you won't need help from government such as food stamps etc. just tell her that you will work and help her, she doesn't have to take care of you.. good luck

[kid1412 62]

 

30 minutes ago, Sercanned said:

just tell her that you will work and help her, she doesn't have to take care of you.. good luck

I don't think that's how it works. The affidavit of support is a legally binding contract between the petitioner and the beneficiary. Technically, the beneficiary doesn't have to do jack.  The beneficiary can be just not working and the petitioner has the legal responsibility to support the beneficiary until one of the conditions is met that someone mentioned above (naturalization, 40 quarters of work, giving up the GC or death). Also, it is worth noting that divorce is not one of those conditions. So technically, the beneficiary can come to the US, NOT work, get divorced and sue the petitioner for lifetime support, and since the affidavit of support is a legally binding contract, the court will have to honor it.  Worse, the Seventh Circuit Court of Appeals has ruled that a sponsored immigrant seeking to enforce the support obligation created by an I-864 affidavit has no duty to mitigate damages, meaning the beneficiary does NOT have to make any effort to find employment. 

 

How's that for "Affidavit of Support 101", do not sponsor (or joint sponsor) someone you (literally) does not want to spend the rest of your life with, because you will be stuck with them forever. 

 

https://howardandhoward.com/article/2233/Immigration-Support-Affidavit-Enforceable-in-Divorce-Proceed.aspx

Edited October 22, 2018 by kid1412

[Moha21 1]

You can't  use a joint  sponsor while your petitioner makes the required income.... (Which makes no sense)  they will definitely rejecte it)  if your petitioner(spouse)  can't trust then....... 

[Boiler 45,557]

Begs the question if the OP's wife will not sponsor him, who would?

[debbiedoo 2,339]

8 minutes ago, Boiler said:

Begs the question if the OP's wife will not sponsor him, who would?

i dont know but why would anyone be married to someone they dont trust?

 

i wouldnt.

[Boiler 45,557]

3 minutes ago, debbiedoo said:

i dont know but why would anyone be married to someone they dont trust?

 

i wouldnt.

Also a good question.

[Marieke H 2,512]

Even if you find a joint sponsor, your wife still have to complete an affidavit of support, as she is your main sponsor, the whole reason you would be moving to the US. So as I said earlier, you need to discuss if you have a future together. 

[carmel34 3,635]

OP, your wife's I-130 petition on your behalf was approved back in May, that was five months ago.  You posted in early June on VJ that you had questions about the NVC stage.  What have your conversations been like with your wife during those five months?  Have you seen each other in person since getting married last year?  Clearly there is more to this story and as others have suggested, you need some time with your wife and some serious conversations to work things out.  That is your only hope of getting a CR1 visa, to have your wife's full emotional and financial support.  Maybe she has some concerns about your relationship.  If that is the case, you will have to try and salvage it by talking with her.  She has filed three petitions for you, so at one time your relationship was strong.  I assume you have already tried to work things out with her and something has changed.  Do everything you can to try and repair the damage.  If she thinks that you are only trying to get the US visa and that you don't really love her, reassure her that your feelings for her are real, assuming that they are.  Communicate in a loving way.  You two have been through a long process with many months apart, filing three petitions and much waiting, which would take its toll on any long distance relationship.  If you really want this, you will have to be more concerned about your wife and her future happiness, and not your own future in the USA.  And please remember that even if she changes her mind, and agrees to submit the affidavit of support for you, that a successful visa interview will require lots of additional evidence of a bona fide relationship that should include many visits to see each other.  Without the evidence of time spent together, the affidavit of support will not be enough to get the visa, especially given your past K1 denial.  Time for some soul-searching and honest conversations.  Your goal should be to rebuild trust, respect, and mutual love.  If she does not respond positively, move on with your life and learn from your past mistakes.  If she does, all the best to you both.  Good luck OP.  Long distance relationships are very difficult, but if you both truly love each other, you should be able to work this out, and all the pain and waiting will be worth it, to be with your soulmate forever.

Edited October 22, 2018 by carmel34
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[Scandi 4,166]

Doesn't matter if your wife makes 1 million dollars a year or $0, she HAS TO be your main sponsor or there will be no visa. 

[thatguyuknow 147]

Is this an arranged marriage by family?

[Sunnyland 639]

2 hours ago, thatguyuknow said:

Is this an arranged marriage by family?

 

It does give that impression. To go all this way and then at AOS stage she is like "nope I can not do this". Something is up.