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Withdraw Affidavit of Support

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by kirsimkin, Apr 8, 2008.

  1. kirsimkin

    kirsimkin Registered Users (C)

    I've been married for less than 2 years and my wife has her conditional green card but not permament GC yet. I am thinking of divorcing her and I am wondering whether I would be required to support her under Form I-864 Affidavit of Support? The language in I-864 says that support obligation goes into effect when one "becomes permanent resident" but it is not entirely clear whether this is after conditional GC or only after permanent GC?
    Also can I withdraw affidavit of support? Is there a special form one needs to file with the INS?
  2. PraetorianXI

    PraetorianXI Banned

    Your obligation is to pay the government if she becomes a public charge.

    For the next 10 years or until she becomes a citizen.
  3. LucyMO

    LucyMO Registered Users (C)

    For the next 10 years or until she becomes a citizen, or she dies, or abandons her residency. Your divorce will not cancel your affidavit of support, and you can't withdraw it.

    a permanent resident is a permanent resident regardless of the conditional status of their card.
  4. Triple Citizen

    Triple Citizen Registered Users (C)

    If you divorce her, then all you can do is hope that she does not become a public charge. If she does, you could be hunted down for reimbursment.

  5. MOM1211

    MOM1211 Registered Users (C)

    Do you want her to get her permanent green card? Personally, (and I know this is a personal choice) I didn't marry my husband for a green card, so if we divorce, I'll go home. Period. I see lots of people who want the spouse they intend to divorce to not get the permanent card. So I assume you do want her to and you're going to sign her I-751 as her spouse and THEN divorce her? Just curious.
  6. austriacus

    austriacus Registered Users (C)

    If she stays in the US as a permanent resident and doesn't intend to become a citizen, my understanding is your obligation only ends when she can be credited with 40 social security quarters. If you divorce, I don't believe she can be credited with your quarters anymore, so unless she works (or her future husband works) my conclusion is your obligation might actually go on forever (but someone correct me if I concluded wrong).
  7. Triple Citizen

    Triple Citizen Registered Users (C)

    If one does go by the wording of the I-864 form, you are correct. If the OP's ex-wife does not work and has no working spouse or parent, then the 40 quarters of work are never completed.

  8. cherr1980

    cherr1980 Registered Users (C)

    You were her sponsor and still you are...this is not a thing of "undo" or "unclick".
  9. kirsimkin

    kirsimkin Registered Users (C)

    What if she is deported

    I appreciate all of you replies. They do make sense if you just follow the language of I-864. However consider this:

    -She is currently working and earning income
    -I divorce her
    -Following the divorce, she loses her conditional GC and becomes "out of status"
    -At that point she would be required to leave the US since there are no legal grounds for her to stay here

    So I can only become liable between the time the case is pending while she is till in the US. Once she leaves the country I am not liable, correct?

    Is this right? If not, where am I wrong?
  10. MOM1211

    MOM1211 Registered Users (C)

    If you do not sign her I-751 she will need to prove on her own that the marriage was entered into for marriage etc I have read, and she needs to do the work on her own to get the unconditional green card. From what I've read it's not easy to do. So I think once she leaves and has no green card, no you aren't liable.
  11. LucyMO

    LucyMO Registered Users (C)

    no, she doesn't. Her status is good through the expiration date of her conditional GC.

    you must really hate your wife. If she becomes a citizen - soon, you will not be liable for her either.
  12. Jackolantern

    Jackolantern Registered Users (C)

    It's not just the affidavit of support you have to worry about ... you many also have to alimony. For a very long time ... even after she becomes a citizen. (This depends on how much money you make, how much money she makes, the laws of your state, the proceedings in the divorce court or lawyer-drafted settlements, etc.)
  13. MOM1211

    MOM1211 Registered Users (C)

    Alimony for a marriage of less than 2 years is normally for not longer than one year. Most judges expect the wife/husband to make a financial platform of their own, especially if there are no kids involved.
  14. cherr1980

    cherr1980 Registered Users (C)

    1. That does not mean anything...you sponsored her, you was the one who "bring" her here, and you signed the affidavit, and states that does not end with divorce, read again, does not says that ends when the spouse is working. That she is capable to sustain herself is more of a civil/state issue in your divorce case, not on federal/immigration issues.

    2. Yes, everybody is free to marry and divorce. That is a civil contract and process not a federal one.

    3.She does not lose anything. Actually she can apply by herself and that won't be your problem and if she gest enough evidence that even you are trying to make her life a living hell she then gets a stronger case. Is not difficult or easy, it depends on the case and there are plenty of sucessful ones and the law allows that exactly to give an opportuntiy to the immigrant on situations like this and avoid abuse from the US citizen.

    4. She is not required to leave the US until a judget states so and that can take years and won't be your problem either and even she will be "require" to leave does not mean she "will" do it. And all that won't be your problem either...actually she can re-marry with another US citizen. By the way, you should be worry is at your divorce, not necessarily because you buy a house and everything is at your name means that is all yours. Check your own state laws.

    I always feel a little strange when I see posting like this, regardless of your situation...focusing in "how to get her deported" is really disturbing for me.
  15. kopa3

    kopa3 Registered Users (C)

    Husband married me Only for Green Card

    Hi everyone,

    I married this guy, filed for him to get his GC. He had the conditional GC. To be brief, after he got his GC, he started treating me differently, really bad, just like in a blink of an eye he went cold, completely changed.:mad: He started cheating on me with many different women, etc.
    Later come to find out he only married me just for the GC. When the expiration date of his conditional GC was approaching he sent me a divorce petition. I hired a lawyer to contest the divorce because I want to have him deported.
    I thought by not letting him have the divorce papers he would not be able to file to get his permanent GC, but he filed the I- 751 anyway and now he's just waiting to be approved. In the meantime his GC is extended 1 yr I think.
    This is not fair. I know there are laws to protect people who might get abused from the US Citizen, but what's there to protect us from users such as this one who took advantage of a good person.

    Will he get approved even without the divorce being final?

    Does anyone have any advice on what I can do to make sure he will be deported.

    I'd appreciate anyone's help

    thank you
  16. trialanderror83

    trialanderror83 Registered Users (C)

    Good luck on getting him deported, all he has to do is prove that he was married in good faith....The burden is on you
  17. kopa3

    kopa3 Registered Users (C)

    OK I know he has to prove that he married in good faith. Exactly how or what does he have to do to prove that?

    Yes the burden is on me, but is there anything I can do to prove to Immigration that he needs to be deported?
  18. trialanderror83

    trialanderror83 Registered Users (C)

    How he can prove marriage in good faith, Lets see... Bills in both names, power, water, rent, cable, gas, car insurance, life insurance, dental insurance, health insurance, apartment/house leases, morgages, pictures, children, vacations(honeymoon), letters from you, christmas cards, birthday cards, wedding cards, post cards, friends of both you, family, ect...

    Can you call USCIS and get him deported, no, unless customer service can do it over the phone now. Your best weapon is not to sign the I-751, but as I said if he has any evidence listed above good luck. You can't just call INS and say "My Husband Used Me For A Green Card, I want him deported"

    It will be up to USCIS if he get's deported or not, not you. He will have to prove to them that it was a real marriage. USCIS, however, has favorably been approving those I-751 without spouses signatures more then not lately.
    Last edited by a moderator: Apr 11, 2008
  19. kopa3

    kopa3 Registered Users (C)

    Yeah he has health insurance and car insurance under both name and that's all. (the car insur. he put my name on it without my consent, but I found out later). We weren't even living together. We live in 2 different states.
    I was supposed to move in with him, but he kept postponing that.

    The guy ruined my life. This can't go unpunished.

    There must be something that I can do to prove my case.
  20. VivaLasVegas

    VivaLasVegas Volunteer Moderator

    Do you have evidence of his extra maritial affairs? also any other evidence that can prove that he's married you to get a green card? take that with you and go to your INS office and ask to speak to an adjudications officer.

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