My USC Husband Does Not Want to Sign I-864

[McBy 1]

I am in a very difficult situation. I arrived in the USA on August 7, 2014 and got married after 10 days. I arrived with my son on K1 and K2 Visas. Our AOS has been delayed initially because of its cost but when we an already afford it February 2015, my husband read about the I-864 and would not want to sign it because of it's legal binding even if we would get divorced.

This hurts a lot and to him I do not need a green card to live here as there are many illegal immigrants here who do not get into trouble anyway. I wish to know what I can do. It is hard to be in a foreign country with nobody to run to or turn to. I got some friends but it is not as easy. My son is studying in a public school now.

Any information that may help is appreciated. Thank you.

[Transborderwife 4,666]

Nobody is going to tell you to just stay illegally. You're best to go back home as you have no path to a greencard without him.

[Dave&Roza 748]

I am in a very difficult situation. I arrived in the USA on August 7, 2014 and got married after 10 days. I arrived with my son on K1 and K2 Visas. Our AOS has been delayed initially because of its cost but when we an already afford it February 2015, my husband read about the I-864 and would not want to sign it because of it's legal binding even if we would get divorced.

This hurts a lot and to him I do not need a green card to live here as there are many illegal immigrants here who do not get into trouble anyway. I wish to know what I can do. It is hard to be in a foreign country with nobody to run to or turn to. I got some friends but it is not as easy. My son is studying in a public school now.

Any information that may help is appreciated. Thank you.

Unfortunately there is nothing you can do to force him to complete the I-864 and he needst to complete one for you to get your GC. He should man up and sign the form as he was willing to sponsor you and brought you here to the US to live. You will not have much of a life since you cannot legally work and the moment you leave the US you cannot return unless he files a spousal visa and the I-864 is part of that process also. He is only on the hook should you receive means tested benefits from the US government--unlikily as he will be paying spousal support should the two of you get divorced. The sooner you are able to work and qualify for citizenship his responsibility for you under the I-864 ends--you must work 40 quaters (10 years minimum) or become a USC which can ahhpen 3 three years after you become a LPR. There is no time limit to file the AOS, but it will cost more if you need a new medical. Also, if you happen to get into an internal CBP check point, they may detain you and force you to appear before an immigration judge (IJ) and the IJ will give you a deadline to file the AOS or be deported.

It amazes me how people can sponsor someone, pay all the fees, spend all that time waiting, pay for airfare, and then freak out about the I-864. He is sponsoring someone he wants to spent the rest of his life with. He is uprooting you and your son from your lives in your country to come to the US and live with him, but he cannot sign a simple form that MIGHT be enforcable. It has a higher risk of enforcability if the marriage fails, so maybe he should work on making sure the marriage does not fail and get you your GC ASAP so the I-864 no longer is an issue.

I hope he does want to spend the rest of his life with you and will submit the I-864.

Good luck,

Dave

[Done--Really 331]

Let's look at what his real commitment is -- if you become a citizen which you can do three years after you get the green card assuming you are still married, the I-864 obligation is terminated, so his only real risk is that you split up before then, and even then you can file on your own after five years, so it's not forever -- he may not have focused on the idea that it is not forever

[shland 0]

Seems like since you arrived on a k1 and you're married, he's already on the hook for the support affadavit he had to sign as a part of the K1 visa process... No? the I-134? Therefore, his logic is bad, and this is not a valid reason to not go forward... because he ALREADY has this problem

Edited April 16, 2015 by shland

[Boiler 45,441]

I am sure there is a lot more to this.

Seems like since you arrived on a k1 and you're married, he's already on the hook for the support affadavit he had to sign as a part of the K1 visa process... No? the I-134?

That one is meaningless.

[McBy 1]

It's really weird. we already consulted an immigration lawyer who told him of his role. He still wouldn't sign. He is a good man except for this and I feel devastated. I am thinking of just going for the divorce and then going home. My son likes it here so I am also thinking of a way to stay. However, it would be difficult as I do not have relatives nor really close friends nearby. Part of me regrets that I moved here to marry ?.

[TBoneTX 45,244]

*** Thread moved from AOS/Family-Based main forum to the Effects of Major Changes forum, where similar issues are discussed. ***

[Boiler 45,441]

Make life a lot easier of he divorces you due to PI laws about divorce.

[JohnR! 5,495]

If he refuses to sign even after speaking to an immigration lawyer your best bet is to file for divorce and go on with your life. He is not the husband you would want for yourself nor the father figure you should wish for your child.

It's really weird. we already consulted an immigration lawyer who told him of his role. He still wouldn't sign. He is a good man except for this and I feel devastated. I am thinking of just going for the divorce and then going home. My son likes it here so I am also thinking of a way to stay. However, it would be difficult as I do not have relatives nor really close friends nearby. Part of me regrets that I moved here to marry ?.

[McBy 1]

What do you exactly mean?

Make life a lot easier of he divorces you due to PI laws about divorce.

[Boiler 45,441]

If you want to try again in the future.

[McBy 1]

Makes a lot of sense, thank you. It's really weird. He seems to have a different mindset about it. Hoping that there is a way for us to stay after divorce, but I do not exactly know what to do. Might get harder for me and my son. So first option is to go back to our home country.

If he refuses to sign even after speaking to an immigration lawyer your best bet is to file for divorce and go on with your life. He is not the husband you would want for yourself nor the father figure you should wish for your child.

[novedsac 355]

Let's look at what his real commitment is -- if you become a citizen which you can do three years after you get the green card assuming you are still married, the I-864 obligation is terminated, so his only real risk is that you split up before then, and even then you can file on your own after five years, so it's not forever -- he may not have focused on the idea that it is not forever

Except that the sponsor cannot force the beneficiary to acquire citizenship.

However, if the sponsor has 40+ credits into social security, then after ten years of marriage the sponsor's social security credit can be used by the beneficiary and this would meet one of the requirements for discharging the I864.

[novedsac 355]

What do you exactly mean?

Boiler means that if your husband files for divorce in the US, then the PI will recognize the divorce and you will be able to receive a certificate of no marriage (or whatever it's called in PI) and marry again, especially if you return to PI.

However, if you file the divorce (ie, are the plaintiff in the divorce action), then PI will NOT recognize the divorce and you will then be left with chasing an annulment in PI in order to prove eligibility to marry.

Remaining in the US, divorced or otherwise, is not a wise choice because you will never be able to adjust your status with anyone other than the petitioner of the K1 with which you entered. This puts your young son in a predicament as well.