Husband Moved Out

[SolRebel 21]

Hi everyone. My husband came to the U.S. on a K-1 visa in 2023, but we have been separated for two months due to realizing that he used me to get to the US. He moved out and now has his own apartment. Despite this, he claims he can move back into my house and that I have no choice because I’m responsible for him. He has a job and can afford to live on his own but he's frustrated that he has to be an adult and has to cook for himself. 🙄 Will I face any issues with USCIS if I refuse to let him move back in?

[Crazy Cat 43,002]

You need a good divorce attorney...asap to help you protect yourself financially.  

[Crazy Cat 43,002]

***Moved to Effects of Major Family Changes On Immigration Benefits***

[Crazy Cat 43,002]

12 minutes ago, SolRebel said:

Will I face any issues with USCIS if I refuse to let him move back in?

The only immigration issue for you is obligation under the I-864 (assuming he has already has a Green card).

Edited March 26 by Crazy Cat

[Crazy Cat 43,002]

15 minutes ago, SolRebel said:

My husband came to the U.S. on a K-1 visa in 2023

Does he have a Green card?  Your history indicates he did not adjust status through you.

Edited March 26 by Crazy Cat

[SolRebel 21]

18 minutes ago, Crazy Cat said:

Does he have a Green card?  Your history indicates he did not adjust status through you.

He has his 2 year greencard which expires in 1/2026.

Edited March 26 by SolRebel

[Crazy Cat 43,002]

4 minutes ago, SolRebel said:

He has his 2 year greencard which expires in 1/2026.

Then you are obligated under the I-864 you signed until he either becomes a US citizen, has worked for 40 quarters, or has lost his status as a legal resident. I would find a good divorce attorney asap.  You are NOT obligated to cooperate with his removal of conditions on the 2 year Green Card.

Edited March 26 by Crazy Cat

[SolRebel 21]

6 minutes ago, Crazy Cat said:

Then you are obligated under the I-864 you signed until he either becomes a US citizen, has worked for 40 quarters, or has lost his status as a legal resident. I would find a good divorce attorney asap.  You are NOT obligated to cooperate with his removal of conditions on the 2 year Green Card.

Thanks.  Hopefully I can find one, he left me in major debt 😭

[JeanneAdil 6,786]

so very sorry this has not worked out for u

 

way back in September 2023 you said you would not help him with AOS

from now on let your head control as the heart is broken

 

So, now he thinks he can move in  and out/ he can't 

change the locks

get a separation served on him

let him pay for the divorce 

he may find out he has to pay you support as usually the man does here in the USA

 

AND DO NOTHING TO HELP HIM WITH ROC LATER

he will find out he can do it with a divorce waiver and he may find out the officer does not favor him in that interview 

 

read thru you I 864 and know your rights as its mostly a commitment to the government if he uses means tested benefits

it does say the following:

 

A. Provide the intending immigrant any support necessary to maintain him or her an income that is at least 125% of the Federal poverty Guidelines for his or her household size

that is on page 8 of the I 864 itself

At this point understand it may take years to get back to normal so take it slow and learn to protect yourself

again, so very sorry, it has not worked out for u

[Scandi 4,248]

You're still married, so legally he has the right to be in the house too, yes. Changing the locks and not giving him the key will be illegal, don't give him any reasons to sue you. 

As for USCIS, no you won't face any issues if you don't let him move back in. But there is no "let him", as per law he has the right to be in your martial home, unless you have court documents showing otherwise (like restraining order etc). 

Edited March 27 by Scandi

[mam521 2,376]

Go lock your SSN.  If he's attempting to live on his own, I wouldn't doubt he's trying to use your info to gain credit and further impact your debt.  

 

Hire a divorce attorney ASAP. You'll need to get that much sorted so you can start recovering your financial situation.  Divorce proceedings and marital property are different to immigration proceedings.  You are still obligated under the I-864 to look after certain financial bits for him, but it doesn't mean you can't worry about yourself.  

 

He will have to file to remove conditions; you don't have to help him with that.  He'll need to file with waiver for divorce.  

 

Good luck!

[JeanneAdil 6,786]

Ordinally Arizona does not have abondonment but in the case, he left you in major debt as you say, gather that info to take to the divorce lawyer and go for the separation

in Arizona

 

What is considered spousal abandonment in Arizona?

 

 

13-3610 - Abandonment of spouse; classification. A married person, having sufficient ability to provide for his or her spouse's support or who is able to earn the means of such spouse's support, who knowingly abandons and leaves such spouse in a destitute condition, is guilty of a class 1 misdemeanor.

.

[Boiler 46,590]

https://www.soundimmigration.com/

 

 Sound Immigration represents green card holders in lawsuits to enforce the USCIS Form I-864 Affidavit of Support. *We do not represent sponsors.