Separation after IR1 and IR2 visa in hand.

[Eric and Hope 7]

On 2/4/2022 at 12:20 PM, Milda said:

Hi 👋🏽 

 

So i have a question.. 

we have our ir1/2 visasbin hand and our flight is in one week. But my husband who went back to the US ahead of us to fix some things, have now informed me he wants to divorce. I no longer have a job, or a place to stay here in my country as we had already got everything ready for the move. 
 

the question is, can i still use the visas and maybe go to a shelter in the US? Just for a week or so so i can just find a place for me and the kids since my husband has abandoned us..

Dude signed the affidavit of support 

You and your kids own his ### for 10 years.

Sue him for all your living expenses.  He literally owes you a living.  You don't have to work or anything, he owes you a home and a lifestyle.

 

If he doesn't provide it you can use the government to take it from his paycheck.

There's free attorneys for you.

He's gonna regret the day he met you. (If you play your cards right)

 

Form I-864, Affidavit of Support under Section 213A of the INA, is a contract an individual signs agreeing to use their financial resources to support the intending immigrant named on the affidavit. The individual who signs the affidavit of support becomes the sponsor once the intending immigrant becomes a lawful permanent resident. The sponsor is usually the petitioner who filed an immigrant petition on behalf of the intending immigrant.

 

Just focus on survival and getting the free ride he owes you, you will be fine.

[Lemonslice 4,886]

1 hour ago, Eric and Hope said:

Dude signed the affidavit of support 

You and your kids own his ### for 10 years.

Sue him for all your living expenses.  He literally owes you a living.  You don't have to work or anything, he owes you a home and a lifestyle.

 

If he doesn't provide it you can use the government to take it from his paycheck.

There's free attorneys for you.

He's gonna regret the day he met you. (If you play your cards right)

 

Form I-864, Affidavit of Support under Section 213A of the INA, is a contract an individual signs agreeing to use their financial resources to support the intending immigrant named on the affidavit. The individual who signs the affidavit of support becomes the sponsor once the intending immigrant becomes a lawful permanent resident. The sponsor is usually the petitioner who filed an immigrant petition on behalf of the intending immigrant.

 

Just focus on survival and getting the free ride he owes you, you will be fine.

Dude was not taking care of his kids before, might be harder than you think to make him "pay".  

 

 

[R&OC 371]

I am answering without reading all (but I read some) of the other comments. This post may be OBE.

 

However, if hard work and determination is not a problem for you: Why not? I would fly to the US and look for a cheap AirBnB somewhere affordable but still within a relatively good school district. It does not have to be your permanent place. Then wait for your GC cards, Social Security Number etc. - perhaps even close to your uncle? 

 

My initial thought, however, was: Why not show up at his doorstep and ask him to move on/out? Didn't he want to set up everything for you guys? Then take him to court for alimony and child support. But at least you would have a place to stay. My guess, is, however, that he may not have looked for a place to live with the family in mind.

 

Think strategically - this allegedly premeditated move was apparently driven by his hope to get rid of you cheaply and place a distance between you all. If you choose to move to the US, I wish you all the best. Before you move, you may want to ask him to sign over sole custody to you right now. I am guessing he is feeling somewhat guilty and this is usually a good moment to ask for something with a larger impact on life. In case he agrees, get all responsibilities signed over (including passport, legal and physical custody). 

 

I know this is a just a personal comment but I would move to the US as well if I were in your shoes. And if it doesnt work out, you guys can always return.

[R&OC 371]

On 2/5/2022 at 8:21 PM, Mike E said:

Excellent news.  
 

Since he is working, he can add the four of you to his company paid health plan.  Post divorce you and your child that is not his can then stay on that plan for 36 months (COBRA) though it will be expense ($700 per person per month is not unusual).   As part of the divorce settlement, he should continue to have his own children covered on his plan until they reach age 26.  
 

What is your work experience in Finland? Understand that with few exceptions (computer software, acting, music, art) foreign work experience and credentials are largely discounted in the USA.  You might find difficulty finding sufficient work to support yourself.  
 

 Make sure to get a good divorce attorney recommendation from a good immigration attorney as I-864 enforcement might be needed.
 

Your divorce settlement should come with an agreement that he will sign off both passport applications / renewals for both kids.   

This exactly. Just been through the whole passport thing with my ex-husband. If not agreed upon, this may keep you "hostage" to ex-partners flavour of the day mood.

[R&OC 371]

On 2/5/2022 at 6:51 PM, Milda said:

My husband collected his late fathers pension as far as i know which was a very large sum of money.. 100s of thousands. He has already started working again as well.. im not really trying to anyone over just trying to make my own miney and find a place to stay 

Milda, your husband has an obligation towards his children but also you, as a mother of his children. Depending on the state he is living in now (and if you are moving anywhere close), your assets are commingled. His income is a family income and not his alone. He can not just separate from you like an old pair of shoes. One of your other messages is mentioning that he will help you to get on your feet. And from what you write here, you seem to be an independent minded person: Please do not think that you need to do this all by yourself! He is required and obligated (both morally and legally) to support you all!

 

Which state will you end up living in? Have you made up our mind already?

 

1. File for spousal support

2. File for child support

3. Ask for sole legal and physical custody

4. All passport related responsibilities should be part of your custody agreement and in your hands  (this needs to be mentioned explicitly)

5. Have all documents sent to a different address but secure one

 

Get a good divorce lawyer!

[Milda 31]

1 hour ago, R&OC said:

Milda, your husband has an obligation towards his children but also you, as a mother of his children. Depending on the state he is living in now (and if you are moving anywhere close), your assets are commingled. His income is a family income and not his alone. He can not just separate from you like an old pair of shoes. One of your other messages is mentioning that he will help you to get on your feet. And from what you write here, you seem to be an independent minded person: Please do not think that you need to do this all by yourself! He is required and obligated (both morally and legally) to support you all!

 

Which state will you end up living in? Have you made up our mind already?

 

1. File for spousal support

2. File for child support

3. Ask for sole legal and physical custody

4. All passport related responsibilities should be part of your custody agreement and in your hands  (this needs to be mentioned explicitly)

5. Have all documents sent to a different address but secure one

 

Get a good divorce lawyer!

Thank you for all the tips I truly appreciate everyones help!

 

i have always been independent and im not afraid to do so now either but yes i will take needed steps to ensure our wellbeing. 
Im looking to live in Atlanta.

[blchaddy 15]

On 2/4/2022 at 3:20 PM, Milda said:

Hi 👋🏽 

 

So i have a question.. 

we have our ir1/2 visasbin hand and our flight is in one week. But my husband who went back to the US ahead of us to fix some things, have now informed me he wants to divorce. I no longer have a job, or a place to stay here in my country as we had already got everything ready for the move. 
 

the question is, can i still use the visas and maybe go to a shelter in the US? Just for a week or so so i can just find a place for me and the kids since my husband has abandoned us..

Are you sure you want to live in a shelter? They are not nice places. Also, think of the fact that your husband can get you for custody of his kids if you move to the US. Is it really worth it? 
 

You should be able to still travel on your visa if it’s been issued and they allow you over the border -not sure how you would explain this if they question your entry, as you need to tell them the truth at the border and saying you’re getting divorced could in turn make the officer deny you at Poe. That is if he doesn’t somehow cancel his support affidavit and/or visa -I have no actual knowledge of this, but I’m guessing it is possible. 
 

It might be in your best interest to speak with a professional so you can get accurate info. 

[Ontarkie 14,280]

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