ROC General Question

[SJ_Ulloa 46]

Hi Everyone, 

 

My husband and I have been married going on 3 years, his 2 year GC anniversary is coming due in Dec. He is working on the paperwork now, however he would like me to help him with his paperwork. The issue is while I am happy to help him complete the paperwork, I am apprehensive on filing jointly (signing), as him and I are on the verge of separation and divorce seems imminent. While we both really wanted this to work as we share a child together, we believe divorce may be the best option due to irreconcilable differences (mostly cultural related issues) how does that work in regards to his paperwork? 

 

I have tried looking (to very little luck finding the answer to my question), but I am curious what the form pertains to for the US spouse outside of stating the marriage is / was legit, and providing permanent residency for the immigrant for the next 10 years. Does signing this form lock me into being financially responsible for my husband for the remainder of his life? (I heard there was a change in the support portion going from 10 years which I signed when completing him coming here and his AOS to the immigrants remaining lifespan).

 

I have read the form and the only options are divorce (divorce degree needed), death, or abuse. Beings none of these apply to us now, do I have to sign for him and if we divorce in between the time we file vs when he gets an answer just send in the decree and request a change? In signing the form, am I then signing being financially supportive of him again? He has a great job and can take care of himself.

 

Any help or advice on similar situations are appreciated in advance. Just want to protect myself in the long run, rather get all of the facts vs hearsay. 

 

T.I.A. 

[HRQX 4,145]

41 minutes ago, SJ_Ulloa said:

and I are on the verge of separation and divorce seems imminent.

If the divorce occurs then he'll still have options. I.e. he can still apply by himself after December with a divorce waiver: https://www.uscis.gov/sites/default/files/document/forms/i-751instr.pdf "Filing with a request that the joint filing requirement be waived or individually filed. You may file Form I-751 without your spouse if they are deceased, you are divorced, or you and/or your conditional resident child were battered or subjected to extreme cruelty. You may file this petition at any time after you are granted conditional resident status and before you are removed from the United States."

41 minutes ago, SJ_Ulloa said:

The issue is while I am happy to help him complete the paperwork

Help as being a Preparer and/or Interpreter (if applicable)? If so, just fill out the appropriate section as Preparer and/or Interpreter.

 

Part 8 would be left blank in the case of a divorce waiver.

41 minutes ago, SJ_Ulloa said:

I heard there was a change in the support portion going from 10 years which I signed when completing him coming here and his AOS to the immigrants remaining lifespan

That is Form I-864 but your responsibility may be either shorter than 10 years or sometimes longer than 10 years if none of the following occurs: https://www.uscis.gov/sites/default/files/document/forms/i-864.pdf

The LPR:

• Becomes a U.S. citizen;
• Has worked, or can receive credit for, 40 quarters of coverage under the Social Security Act;
• No longer has lawful permanent resident status and has departed the United States;
• Is subject to removal, but applies for and obtains, in remove proceedings, a new grant of adjustment of status, based on a new affidavit of support, if one is required; or
• Dies

Your obligations under a Form I-864 that you signed also end if you die. Therefore, if you die, your estate is not required to take responsibility for the person's support after your death. However, your estate may owe any support that you accumulated before you died.

Edited October 29, 2021 by HRQX

[Pinkrlion 2,719]

I would not sign as the joint filer if u are headed to divorce.  

[nastra30 2,287]

20 hours ago, SJ_Ulloa said:

In signing the form, am I then signing being financially supportive of him again?

The affidavit of support has already been established whether you get divorced or not, whether you sign the ROC or not. You'll still be responsible for the affidavit of support even in divorce unless he is no longer a LPR. IMO, if you are not comfortable signing the ROC, then don't. 

[USC4SPOUSE 506]

On 10/28/2021 at 9:49 PM, SJ_Ulloa said:

Hi Everyone, 

 

My husband and I have been married going on 3 years, his 2 year GC anniversary is coming due in Dec. He is working on the paperwork now, however he would like me to help him with his paperwork. The issue is while I am happy to help him complete the paperwork, I am apprehensive on filing jointly (signing), as him and I are on the verge of separation and divorce seems imminent. While we both really wanted this to work as we share a child together, we believe divorce may be the best option due to irreconcilable differences (mostly cultural related issues) how does that work in regards to his paperwork? 

 

I have tried looking (to very little luck finding the answer to my question), but I am curious what the form pertains to for the US spouse outside of stating the marriage is / was legit, and providing permanent residency for the immigrant for the next 10 years. Does signing this form lock me into being financially responsible for my husband for the remainder of his life? (I heard there was a change in the support portion going from 10 years which I signed when completing him coming here and his AOS to the immigrants remaining lifespan).

 

I have read the form and the only options are divorce (divorce degree needed), death, or abuse. Beings none of these apply to us now, do I have to sign for him and if we divorce in between the time we file vs when he gets an answer just send in the decree and request a change? In signing the form, am I then signing being financially supportive of him again? He has a great job and can take care of himself.

 

Any help or advice on similar situations are appreciated in advance. Just want to protect myself in the long run, rather get all of the facts vs hearsay. 

 

T.I.A. 

I think it its worth mentioning that the I-864 does not state that you have to 100% support him. This is what the I-864 instructions state on page 1. 

"This affidavit is a contract between a sponsor and the U.S. Government. Completing and signing Form I-864 makes you the sponsor. You must show on this affidavit that you have enough income and/or assets to maintain the intending immigrants and the rest of your household at 125 percent of the Federal Poverty Guidelines. By signing Form I-864, you are agreeing to use your resources to support the intending immigrants named in this affidavit, if it becomes necessary.

I honestly do not think it is an issue since it sounds like you married a responsible man who is gainfully employed. Either way, you already signed the I-864. That aside, signing the I-751 now Is not lying even if you may be headed for divorce. You are married and he is the father of your child. He can't file it without you. It's great that you are asking these questions, though. 

Filing with him now will also ensure that he gets a letter of extension of his green card for 24 months. He will be able to continue to work and provide for your child. Hope that helps.

 

 

 

 

Edited October 30, 2021 by USC4SPOUSE

[HRQX 4,145]

54 minutes ago, USC4SPOUSE said:

Filing with him now will also ensure that he gets a letter of extension of his green card for 24 months. He will be able to continue to work

If it'll be the same employer then they shouldn't ask for new documentation: https://www.uscis.gov/i-9-central/complete-correct-form-i-9/completing-section-3-reverification-and-rehires

Employers should not reverify:

• U.S. citizens and noncitizen nationals
• Lawful permanent residents who presented a Form I-551, Permanent Resident or Alien Registration Receipt card for Section 2. This includes conditional residents.
• List B documents