It's over...Preparing for the Next Steps!

[JayMar2019 2,741]

1 minute ago, TBoneTX said:

In theory, the government could ask you to reimburse it for means-tested benefits claimed by the immigrant.

This is why, in a failed relationship, the I-864 should be withdrawn before the immigrant has a green card.

Trust me if I would have known he cheated on me with someone while still Jamaica there would have been no interview because I would have cancelled everything.

 

But I understand what you mean. I guess I have to pray that he will never want or need public assistance and will still continue with US Citizenship.

[JayMar2019 2,741]

10 minutes ago, OhioLovesUK said:

On the hook ?  I'm interested what that actually means...  What exactly are you liable for after signing a  I-864?

It means that if he ever becomes a public charge to the US as his sponsor I would be held responsible to pay and reimburse the government for whatever public assistance he uses

[OhioLovesUK 27]

Thanks everyone i appreciate it. Sorry i went off topic here slightly. 

[Mollie09 1,543]

2 hours ago, JayMar2019 said:

Well but the off chance that 1-4 do not occur, I would be on the hook after 10 years from his initial GC which was issued on 6/18/2018?

 

10 years is shorthand for 40 SS work quarters. In reality there is no limit.

USCIS doesn't care about why the marriage ended, just proof that it was entered in good faith. I got ROC with a divorce waiver and nobody asked me why my marriage ended at any point even during naturalization - just for proof we had lived together, commingled finances, bought property, shared insurance, etc

[JayMar2019 2,741]

Final question.... I wanted to buy a house next year and relocate to Florida. Obviously I don't want him to have any claim to my house. Also I don't want him to fight me on relocating to Florida since we have a child.

 

Since we can be separated for however long and he has to file starting March 2021 for his ROC, should I just wait to file the divorce then or just do now and get it over with?

[JayMar2019 2,741]

2 minutes ago, Mollie09 said:

10 years is shorthand for 40 SS work quarters. In reality there is no limit.

USCIS doesn't care about why the marriage ended, just proof that it was entered in good faith. I got ROC with a divorce waiver and nobody asked me why my marriage ended at any point even during naturalization - just for proof we had lived together, commingled finances, bought property, shared insurance, etc

Well then he's going have a slight problem then because other than our driver's licenses, we don't co-mingle our finances anymore, have no property or assets, name isn't on the lease or any household bills and BARELY helps to pay anything the last 5 months. He has his own car insurance, his own medical insurance which I can now remove him off my insurance. The only thing is left is we filed this year and last year taxes as married-joint. Come next year it will be married-separate.

 

But sounds like he will be approved no matter what.

[Pinkrlion 2,715]

43 minutes ago, JayMar2019 said:

Final question.... I wanted to buy a house next year and relocate to Florida. Obviously I don't want him to have any claim to my house. Also I don't want him to fight me on relocating to Florida since we have a child.

 

Since we can be separated for however long and he has to file starting March 2021 for his ROC, should I just wait to file the divorce then or just do now and get it over with?

He does not have to wait until 2021 to file divorce waiver.  File for divorce now.

[TBoneTX 45,259]

If you're in a community-property state, he might have claim to half the marital assets.

That's a question for a divorce lawyer and isn't an immigration issue.

But better to divorce sooner than later.

[Villanelle 4,122]

Sorry this happened to you.

 

You have a lot going on under various headings. Its very good you are seeking advice because you want to make sure you take the correct steps in the correct order. So from what youve said so far theres immigration/USCIS, divorce (local civil court) and custody (local courts/enforcement agencies. 

 

Im going to start with custody. When people are married and have a kid (and both are listed on birth certificate) both parents are considered to have custody of the child. When a divorce is filed and there are children temp custody orders are issued. It will cover both physical and legal custody. Physical custody is where the kid lives and impacts who pays what in child support. Legal is who gets to decide things for the kid. But please note- a custody order  restricts where you can live with the child. Generally you can not move w/o permission of the other parent. So once the court filing is started in X court you are under the control of X court until control is passed to another court- Y. So if you are planning on moving you may want to consider moving before filing. However you then have to take into account the court will have residency requirements both for how long you have to live there before being able to file for divorce and how long the kids have to live there for the family court to have jurisdiction. 

There are also various laws regarding whats called 'parental kidnapping' which is in the most simple terms- when one parents moves the kid away from the other. While Im sure it does happen where one parent will disappear and abduct the children its often used by feuding spouses. So you would want to look into family court laws to see how to relocate legally by yourself with the child. It will also tell you what kind of timeframe you are looking for before divorce could be filed by you. 

 

I bring this all up because it directly ties in to the other half of your concern- immigration. While I agree immigration is technically his problem and you shouldnt concern yourself about his outcome-- you should look at how his immigration process will impact you. He has to file for ROC with in the 90 day window of his 2yr card expiration date. If you guys are still legally married (divorce not final) then he can not be approved with out your support. He can get approved on his own but he will need the divorce decree.  So really at any point he can determine he needs to be divorced for ROC and file a divorce himself.  It may happen before you file. If it does then you will be bound by the court it was filed in - basically if you guys live in the same jurisdiction you would potentially have to fight to change jurisdictions if you ever want to move ; but if it was filed when you lived in 2 different jurisdictions as long as you have established residency in that new jurisdiction- they wont make you leave it.  Looking at the dates you posted he needs to ROC in early 2021. And you mention wanting to relocate to FL early next year. It doesnt seem likely you would be able to move and establish residency before he would file for divorce cause his ROC is due. Moving sooner could fix this. Being amicable could fix this. But you cant be amicable and be 'hurting' their ROC. 

 

I understand the concept that one would 'not' divorce so ROC would be impossible --but in reality you can not refuse to divorce someone and remain married forever. Well, I guess you can technically refuse to divorce but guess what? the court will divorce you anyway. So it can be a good tactic to delay things and cause the immigrant problems and legal fees but it will eventually end up with you guys divorced and them having an opportunity to get ROC approval on their own. 

 

Based on all that - he will have an opportunity to ROC.  And you can take a variety of positions. In amicable cases one can help. Or you can be neutral, totally ignore it (do nothing to help and nothing to hurt) Or you can attempt "to hurt" which would cover everything from simply trying to make things difficult like access to paperwork to a more extreme getting a fraud case opened. You need to decide what course of action is best for you. Balance out what is important and whats not so important. Hope it all works out. 

 

[FAW 12]

2 hours ago, TBoneTX said:

In theory, the government could ask you to reimburse it for means-tested benefits claimed by the immigrant.

This is why, in a failed relationship, the I-864 should be withdrawn before the immigrant has a green card.

That’s the problem with fraudsters - they don’t really show their true colors until they get that green card in hand and then it’s too late.  

[SalishSea 17,801]

3 hours ago, OhioLovesUK said:

On the hook ?  I'm interested what that actually means...  What exactly are you liable for after signing a  I-864?

Your signature is a contract with the US government that the immigrant will not become a public charge.

[SalishSea 17,801]

2 hours ago, JayMar2019 said:

Also I don't want him to fight me on relocating to Florida since we have a child.

Just FYI, it can be tricky to get the courts to agree to relocating a child away from one of the parents.  Where I live, it is typical that even switching school districts needs consent by both parties/family court.

[Bzegurl 41]

9 hours ago, JayMar2019 said:

Good Afternoon,

 

I'll try to be brief, if I can. Quick timeline:

• I am the Petitioner/USC
• Met in Jamaica on a girls' trip in March 2016
• Filed K1 Visa May 2017
• Husband (Beneficiary) came to the US June 2018
• Married July 2018
• Got Pregnant with our son October 2018
• Husband received GC June 2019
• Son born July 2019

 

Within this timeline, there has been infidelity/adultery on my husband's behalf I have hardcopy paper proof:

• bank statements showing a purchase at a Days Inn Hotel on Feb. 2019 in a completely different state where the hotel is over a hour away from where we live
• bank statements showing him sending money via cashapp to other women
• several screenshots and pictures of him talking to other women on facebook
• In Nov 2018, he actually ADMITTED TO ME that he had sex with another woman in Jamaica while waiting for our K1 VISA interview and the ONLY reason he told me was because we found out I was pregnant with our son and when I told him I would be tested for STDs and other lab work he had to tell me because he was told during his medical exam that he had an STD which he had to go back to the medical center to take the pill (2 days before our K1 VISA interview), and only told me in case I come back positive with something.
• 4-5 weeks of son's life found out he was talking to and video chatting with women through a sex social media site - I actually saw the notifications he was receiving
• And finally yesterday, by accident (or maybe it was God's will), I sat down on the couch and accidently sat on his battery cord which came out of is phone. His screen lit up and I saw a notification with a woman's picture and her message saying "I care deeply for you" TO MY HUSBAND.

 

I have tried, and tried, and tried, etc., to move on and put these indiscretions in the pass, mainly for the sake of our now 9 month old son, but I can no longer do this and will no longer do this because it is affecting my happiness, my sanity, and I have a 17 year old (from a prior relationship) that this is also affecting because of him witnessing the disrespect I am taking. Since Dec/Jan., he will "selectively" help pay the bills that I allotted him to pay (he clearly doesn't make as much as I do but he needs to be held accountable), and at this point, I feel like I've been used and still being used for the purpose of shelter and to have access to his son at HIS convenience.

 

He's not on the lease (never added him), and due to a car accident and a speeding ticket he got in his car, I removed him off of my car insurance and he has his own. I have removed him off of my card credits as authorized users, he actually has his own health insurance his job automatically enrolled him after his 90 day probation. The only thing we have left joint is this bank account that I am about to close since he has his own account and I barely use it. I already filed our taxes this year but I'm hoping that by starting the process of divorce at the very least, I can file as married filed-separately if we are not done finalizing our divorce.

 

Here in Delaware, I have to give him 30 day notice which I plan on mailing a certified letter to him so that this way he cannot say he was never provided proper notice and if he doesn't vacate after 30 days, I can call the police to have him removed. We have to be separated 6 months and/or not have sex for 6 months before the divorce can be final and do a parent class. The divorce part I plan on filing under adultery and adding all the proof that I have.

 

So my question is...his GC expires 6/18/2021. I know that I don't have to be present in order for him to apply and interview at the ROC. But will USCIS contact me to come to the interview? Can I provide this proof to the IO for his interview to show he did not enter this marriage in "good faith"? I know he will have to provide a divorce decree but other than me not signing the petition and signing an affidavit confirming the validity of our marriage, is there anything else that I can do to show that he basically used me or the very least, that the marriage ended due to his fault?

 

Thank you for reading and thanks for your advice!

SO sorry this happened to you. Please continue to be strong and move on with your life. He will have to deal with  his own immigration problems from here. His ROC might get denied because his purpose here is to be with you and that is no longer the case. Tough situation. I'll have you in my thoughts. Take care of your beautiful baby boy. 

 

BLess!

[Scandi 4,166]

7 hours ago, JayMar2019 said:

Well then he's going have a slight problem then because other than our driver's licenses, we don't co-mingle our finances anymore, have no property or assets, name isn't on the lease or any household bills and BARELY helps to pay anything the last 5 months. He has his own car insurance, his own medical insurance which I can now remove him off my insurance. The only thing is left is we filed this year and last year taxes as married-joint. Come next year it will be married-separate.

 

But sounds like he will be approved no matter what.

Don't comingle your finances anymore, means that you used to do it? You have been living together since 2018, if I understand it correctly? So even if you have removed him from most of the evidence NOW, he could technically still have a ton of evidence from before that, no? Or you know for sure that he hasn't bothered collecting any evidence throughout your marriage?

[TBoneTX 45,259]

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