Divorce while on conditional GC

[NoMansLand2020 298]

We've been married just two years and I'm filing for divorce. I can't stand my wife. I've fallen out of love and don't like the way she treats me. She's also been neglecting our baby. 

 

She has two kids of her own that I'm a step parent to, but never adopted. She's dead set on fighting the divorce and says she doesn't have to work and expects me to support her and her two kids for the next ten years because of the Affidavit of Support I filed on their behalf. 

 

She does have an education and she is working, so she has the ability to support herself. 

 

Am I expected to support her for ten years when she's capable of working? For her sake and the sake of her kids she should be working. As I am asking for sole custody of our baby, she would be required to pay child support. 

[OldUser 6,456]

I'm sorry your marriage didn't work out.

Here's the quote:

 

"

When you sign the affidavit of support, you accept legal responsibility for financially supporting the sponsored immigrant(s), generally until they become U.S. citizens or are credited with 40 quarters of work. Your obligation as a sponsor also ends if you or the individual sponsored dies or if the individual sponsored ceases to be a lawful permanent resident and departs the United States.

Note: Divorce does NOT end the sponsorship obligation.

If an immigrant you sponsored receives any means-tested public benefits, you are responsible for repaying the cost of those benefits to the agency that provided them. If you do not repay the debt, the agency or the immigrant can sue you in court to get the money owed. Any joint sponsors and household members who  allowed the sponsor to combine their income with the sponsor’s income to meet the minimum income requirements are also legally responsible for financially supporting the sponsored immigrant. In fact, any joint sponsor and household member is jointly or severally liable with the petitioning sponsor, meaning that the joint sponsor and household member are independently liable for the full extent of the reimbursement obligation and can be sued in court or be asked to pay the money owed, even if the petitioning sponsor is not sued or asked for money."

 

Source: https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-of-support

[Boiler 45,294]

10 years?

 

How Long Does My Obligation as a Sponsor Continue?
Your obligation to support the immigrants you are sponsoring in this Affidavit of Support will continue until the sponsored
immigrant becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work in the United States.
Although 40 qualifying quarters of work (credits) generally equates to 10 years of work, in certain cases the work of a
spouse or parent adds qualifying quarters. The Social Security Administration can provide information on how to count
qualifying quarters (credits) of work.
The obligation also ends if you or the sponsored immigrant dies or if the sponsored immigrant ceases to be a lawful permanent resident. Divorce does not end the sponsorship obligation

[NoMansLand2020 298]

13 hours ago, OldUser said:

I'm sorry your marriage didn't work out.

Here's the quote:

 

"

When you sign the affidavit of support, you accept legal responsibility for financially supporting the sponsored immigrant(s), generally until they become U.S. citizens or are credited with 40 quarters of work. Your obligation as a sponsor also ends if you or the individual sponsored dies or if the individual sponsored ceases to be a lawful permanent resident and departs the United States.

Note: Divorce does NOT end the sponsorship obligation.

If an immigrant you sponsored receives any means-tested public benefits, you are responsible for repaying the cost of those benefits to the agency that provided them. If you do not repay the debt, the agency or the immigrant can sue you in court to get the money owed. Any joint sponsors and household members who  allowed the sponsor to combine their income with the sponsor’s income to meet the minimum income requirements are also legally responsible for financially supporting the sponsored immigrant. In fact, any joint sponsor and household member is jointly or severally liable with the petitioning sponsor, meaning that the joint sponsor and household member are independently liable for the full extent of the reimbursement obligation and can be sued in court or be asked to pay the money owed, even if the petitioning sponsor is not sued or asked for money."

 

Source: https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-of-support

Even if she's abusive?  So what this says is that you have no out. I'm either stuck in an abusive marriage or divorced and still being abused. I understand if she has no means to work and support herself or her kids, but she has the means to do so. 

[OldUser 6,456]

3 minutes ago, NoMansLand2020 said:

Even if she's abusive?  So what this says is that you have no out. I'm either stuck in an abusive marriage or divorced and still being abused. I understand if she has no means to work and support herself or her kids, but she has the means to do so. 

You don't have to be married to her, you can divorce and move out even prior to divorce.

 

Your financial obligation to government is separate to your relationship with the abusive spouse.

 

You should have thought hard about what you were signing.

Edited May 7 by OldUser

[MarJhi 930]

If she is abusive as you say then I think you need to first and foremost get away from her. You don't want it to escalate into physical abuse (if it hasn't already) so you just need to get away from her and deal with the financial consequences later. 

[OldUser 6,456]

Just to add, essentially if your soon to be ex seeks public benefits, the agency who provided those benefits can come to you asking to reimburse all they paid. That's all that is. AFAIK typically you won't be contacting / paying your ex directly. But child support, alimony is a separate matter.

 

Edited May 7 by OldUser

[igoyougoduke 1,644]

under no circumstances you should move out of the house. if you own the house, she will claim that you moved out and she will get the house in the divorce. 

 

Divorce laws are complicated, unfortunately you are going to be screwed by the state cause you sponsored her and you will end up paying child support whether you like it or not. 

 

Get a good divorce lawyer asap and dont move out 

 

 

[igoyougoduke 1,644]

2 hours ago, NoMansLand2020 said:

Even if she's abusive?  So what this says is that you have no out. I'm either stuck in an abusive marriage or divorced and still being abused. I understand if she has no means to work and support herself or her kids, but she has the means to do so. 

unfortunately the law is extremely against fathers in divorce courts. your first step is contact a divorce attorney so your hard earned money is not taken advantage off 

[JeanneAdil 6,410]

2 hours ago, NoMansLand2020 said:

Even if she's abusive?  So what this says is that you have no out. I'm either stuck in an abusive marriage or divorced and still being abused. I understand if she has no means to work and support herself or her kids, but she has the means to do so. 

No one has to stay with an abusive spouse 

NO ONE

you need a good divorce attorney

 

Have u documented any of the abuse or call the police for yourself or the neglect of the baby?

 

and understand the long term part of staying together can affect u giving part of your future retirement to her 

 

Can an ex wife get part of her ex husband's pension?

 

This is a common question; the general answer is, “Maybe.” Any asset acquired while two people are married is subject to asset distribution in divorce. This means if your pension was funded, even partially, during your marriage, your spouse may be entitled to half of the portion that was funded while married.

 

paying alimony now and child support may save your assets and pension later on

 

[GEOntificator 281]

16 hours ago, NoMansLand2020 said:

We've been married just two years and I'm filing for divorce. I can't stand my wife. I've fallen out of love and don't like the way she treats me. She's also been neglecting our baby. 

 

She has two kids of her own that I'm a step parent to, but never adopted. She's dead set on fighting the divorce and says she doesn't have to work and expects me to support her and her two kids for the next ten years because of the Affidavit of Support I filed on their behalf. 

 

She does have an education and she is working, so she has the ability to support herself. 

 

Am I expected to support her for ten years when she's capable of working? For her sake and the sake of her kids she should be working. As I am asking for sole custody of our baby, she would be required to pay child support. 

Sorry you are going through this. Lawyer up immediately, that is the best thing you can do now. That ensures you don't take steps that will cost you more in the divorce. 

 

You are expected to support her but I have not seen many cases where someone got sued for I-864. This should not even come up in the civil court alongside on asset distribution and alimony support in my opinion. I may very well be wrong but as far as I know lawsuits related to I-864 are rare and in a way unexplored for the most part.

[Boiler 45,294]

14 minutes ago, GEOntificator said:

Sorry you are going through this. Lawyer up immediately, that is the best thing you can do now. That ensures you don't take steps that will cost you more in the divorce. 

 

You are expected to support her but I have not seen many cases where someone got sued for I-864. This should not even come up in the civil court alongside on asset distribution and alimony support in my opinion. I may very well be wrong but as far as I know lawsuits related to I-864 are rare and in a way unexplored for the most part.

I have, this Law firm does nothing but.

 

https://www.soundimmigration.com/i-864-enforcement/

 

We enforce rights under the Form I-864, Affidavit of Support.

We represent immigrants in cases under the Form I-864, Affidavit of Support. Attorney Greg McLawsen is the most recognized national authority on the Affidavit of Support and has represented more clients in enforcement lawsuits than any lawyer in the country.

 

Get a free I-864 case assessment

 

Schedule a free video consultation

 

Zero upfront cost

We represent clients on a contingency fee basis. There is no cost for us to begin work on your case, and we are paid only if we recover money for you.

 

The undisputed I-864 experts

We have represented more Affidavit of Support plaintiffs than any law firm in the country. No other firm even comes close.

 

Nationwide representation

We help clients across the United States recover damages under the Form I-864. From California to North Carolina, we have you covered.

 

Risk free I-864 case assessment

Get individualized legal advice about whether you have a claim under the Affidavit of Support. Consultations are free and you are under no obligation to work with our law firm.

About I-864 enforcement.

When someone obtains a green card through family-sponsored immigration, an Affidavit of Support is almost always signed. This document is a contract between the sponsor and U.S. government. By signing the document, the sponsor promises to provide financial support to the immigrant.

The immigrant’s right to support under the I-864 is legally enforceable. If a sponsor refuses to fulfill his responsibility, the immigrant may sue in court. We work with I-864 beneficiaries to ensure they receive the support to which they are entitled. We represent clients at zero upfront cost.

Our team.

Edited May 7 by Boiler

[GEOntificator 281]

1 minute ago, Boiler said:

I have, this Law firm does nothing but.

 

https://www.soundimmigration.com/i-864-enforcement/

 

We enforce rights under the Form I-864, Affidavit of Support.

We represent immigrants in cases under the Form I-864, Affidavit of Support. Attorney Greg McLawsen is the most recognized national authority on the Affidavit of Support and has represented more clients in enforcement lawsuits than any lawyer in the country.

 

Get a free I-864 case assessment

 

Schedule a free video consultation

 

Zero upfront cost

We represent clients on a contingency fee basis. There is no cost for us to begin work on your case, and we are paid only if we recover money for you.

 

The undisputed I-864 experts

We have represented more Affidavit of Support plaintiffs than any law firm in the country. No other firm even comes close.

 

Nationwide representation

We help clients across the United States recover damages under the Form I-864. From California to North Carolina, we have you covered.

 

Risk free I-864 case assessment

Get individualized legal advice about whether you have a claim under the Affidavit of Support. Consultations are free and you are under no obligation to work with our law firm.

About I-864 enforcement.

When someone obtains a green card through family-sponsored immigration, an Affidavit of Support is almost always signed. This document is a contract between the sponsor and U.S. government. By signing the document, the sponsor promises to provide financial support to the immigrant.

The immigrant’s right to support under the I-864 is legally enforceable. If a sponsor refuses to fulfill his responsibility, the immigrant may sue in court. We work with I-864 beneficiaries to ensure they receive the support to which they are entitled. We represent clients at zero upfront cost.

Our team.

Good to know. I'd be curious to see the actual lawsuit info and the outcome if there is any online.

[Boiler 45,294]

2 minutes ago, GEOntificator said:

Good to know. I'd be curious to see the actual lawsuit info and the outcome if there is any online.

https://casetext.com/case/kumar-v-kumar-in-re-kumar

 

This is one that is pretty clear, we have had a few on VJ

[NoMansLand2020 298]

1 hour ago, JeanneAdil said:

No one has to stay with an abusive spouse 

NO ONE

you need a good divorce attorney

 

Have u documented any of the abuse or call the police for yourself or the neglect of the baby?

 

and understand the long term part of staying together can affect u giving part of your future retirement to her 

 

Can an ex wife get part of her ex husband's pension?

 

This is a common question; the general answer is, “Maybe.” Any asset acquired while two people are married is subject to asset distribution in divorce. This means if your pension was funded, even partially, during your marriage, your spouse may be entitled to half of the portion that was funded while married.

 

paying alimony now and child support may save your assets and pension later on

 

I have hired a family law attorney and currently working to draft up a divorce petition. I have twelve pages plus of documentation of events, dates, audio and video as well as photos of things that happened. As well as video evidence of the baby being left home alone. 

 

I know many petitioners are retirees and close to that age, but I'm still quite young and have my entire life ahead. I don't want to be stuck paying for her and her two minor children to live forever because I signed some affidavit of support. Technically it's 32k at 125% poverty level. 

 

Since our marriage was only two years, my lawyer says, alimony will most likely not be awarded. I don't live in a 50/50 state. 

 

But I feel it's either deal with the ####### and ongoing neglect of our baby, or divorce and be stuck paying according to the Affidavit of Support. There's no way out. I had no idea she was going to be this way, she certainly didn't act like this when we met and during our courtship.