Will divorce affect anything at this point?

[Girly Gorilla 0]

Hi guys,

I got married in 2014 to an American citizen. Almost two years ago I moved out and went to live to another state.

I have a ten year green card, and I want to get divorced. I've got a couple of questions, and I really appreciate anyone answering or helping.

 

1) Since I've the ten year green card, will getting a divorce affect my immigration status at all? Or will I still be able to maintain the green card and apply for citizenship?

 

2) Will my current spouse have to still be responsible financially for me after we divorce? I've read somewhere that this is the case, but it just doesn't sound right?

 

3) He will be the one to file from the state he's in, IL, i am in California. I know there is no waiting period in the state of IL but would me being a green card holder as opposed to a US citizen affect any of this? Will it affect the simplicity and time frame of the divorce? We've no kids, no debts, no assets, no properties. 

 

Thank you.

[Timona 4,207]

1. No. Divorce won't affect immigration. 

2. Yes. 

3. Being GC holder nor USC has no impact on divorce.

 

[Girly Gorilla 0]

5 minutes ago, Timona said:

1. No. Divorce won't affect immigration. 

2. Yes. 

3. Being GC holder nor USC has no impact on divorce.

 

Thanks for your answers!!

 

Regarding number 2, what happens if I get married to someone else shortly after divorce? Wouldn't the new spouse be responsible for me then, or would it at least wave my then ex spouse from being responsible for me financially? 

[Ontarkie 14,227]

~~Moved to Effects of major Family Changes, from AOS from K1/K3 - as similar topics are discussed here.~~

[Boiler 45,525]

11 minutes ago, Girly Gorilla said:

Thanks for your answers!!

 

Regarding number 2, what happens if I get married to someone else shortly after divorce? Wouldn't the new spouse be responsible for me then, or would it at least wave my then ex spouse from being responsible for me financially? 

Depending on the divorce settlement then maybe

 

Has no impact on the I 864

[Timona 4,207]

19 minutes ago, Girly Gorilla said:

Thanks for your answers!!

 

Regarding number 2, what happens if I get married to someone else shortly after divorce? Wouldn't the new spouse be responsible for me then, or would it at least wave my then ex spouse from being responsible for me financially? 

 

Only person responsible is whoever petitioned for you, ex in this case..

 

When did you get your 10 year GC?

[Girly Gorilla 0]

1 minute ago, Timona said:

 

Only person responsible is whoever petitioned for you, ex in this case..

 

When did you get your 10 year GC?

I don't really remember, where can I find this out? Because I am looking at my green card right now and it says "resident since 2016", and expires in 2029. So...that's more than ten years. So now I'm wondering if this is correct and that is when this permanent one was issued or if that's the date I intiially became a resident with the temporary GC

[Boiler 45,525]

2 plus 10 presumably 

 

You can naturalise and that would kill the I 864

[Girly Gorilla 0]

1 minute ago, Boiler said:

2 plus 10 presumably 

 

You can naturalise and that would kill the I 864

the i 864 is the one that makes him responsible for me financially?

 

and once i get my citizenship, then thats waived yeah?

[K1visaHopeful 2,817]

2 minutes ago, Girly Gorilla said:

the i 864 is the one that makes him responsible for me financially?

Responsible to pay back the government if you obtain public benefits. 

If you make less than $1468/ month (2021 figure) he may be responsible for the difference up to $1468 in a divorce settlement if you choose to sue him personally based on his I864 responsibility.

If you make more than that, you cannot sue in relation to the I864.

 

2 minutes ago, Girly Gorilla said:

and once i get my citizenship, then thats waived yeah?

The I864 responsibilities to the government and you (as described above) end at citizenship. 

[Girly Gorilla 0]

Thanks for everyone replying!

 

I've one more question. I am currently with my new partner and we do want to marry shortly after getting divorced with m current spouse. 

 

Would that raise any suspicious or am I overthinking since I already have the ten year green card, can get citizenship and obviously my new marriage wouldn't benefit me in any way (just in case they get suspicious, idk? they must be other people that have done this)

 

Also, would it be better to divorce, then get my citizenship and then re-marry, or it doesn't matter and i can divorce, re-marry and then get citizenship?

[Bob in Boston 716]

overthinking, remarry and file N400..... no special order. enjoy your life

[Mike E 11,739]

@Girly Gorilla
 

1. Have you both working during the marriage?

 

2. If so how many social security credits did each of you earn during the marriage?

 

3. How many social security credits do you have now? 

Edited May 26, 2022 by Mike E

[Girly Gorilla 0]

8 minutes ago, Mike E said:

@Girly Gorilla
 

1. Have you both working during the marriage?

 

2. If so how many social security credits did each of you earn during the marriage?

 

3. How many social security credits do you have now? 

Yeah we've both worked. And still do now.

 

Not sure what you mean by social security credits?

[Mike E 11,739]

9 minutes ago, Girly Gorilla said:

Yeah we've both worked. And still do now.

 

Not sure what you mean by social security credits?

Generally each full year of work is 4 credits, though this  depends on how much is earned.  Create an account on SSA.gov and determine how many credits you have.  If you have 40 credits, your spouse’s I-864 obligation has concluded.  
 

If not, if during the marriage as a couple you two earned a combined 40 credits, your spouse’s I-864 obligation has ended. 
 

Finally if you are married 10 years to your spouse, if your  spouse has 40 credits, then some lawyers contend  your spouse’s I-864 obligation has concluded.  
 

Once someone can be credited with 40 SS credits one qualifies for social security. 

Edited May 26, 2022 by Mike E