Divorce question

G

gimmedat

New Member
Hi, newbie here. I hope this is the right forum. I searched and couldn't find a problem like mine.

I'm a US citizen married for 5 yrs and for the past 2 years it's been hell. I now want a divorce. In March 2005, my wife and I went to an interview to have her conditions removed from her green card. At that interview the agent said that as of October 2004, my wife is eligible for citizenship. She now has second thoughts about giving up her native country's citizenship. This is a REAL problem for me. Mainly, since I submitted the affidavit of support, I will (might) have to support her for 40 working semesters. She's only been working about 3 years(12 semesters) and her job doesn't pay well. The AOS says it's either 40 semesters or until she gets her citizenship. We have no children so I can save on any child support payments there. What if she gets laid off or quits???

I just can't take it anymore. Now when we divorce or separate, should I wait until or IF someone(her,USCIS, or other) contacts me? I am SURE that I will have to support her. I would move out, but that would mean she would keep the apartment. The rent is pretty high there and her salary SURELY can't afford it. What if she gets an expensive apartment, an expensive car??? Do I have to pick up the slack? Does the USCIS allow this? Or would they tell her she's living above a certain income level?

The ironic thing is, AFTER we got married we went to her lawyer's office to fill out forms and he comes in with the affidavit of support. Neither my wife nor I knew what this was, so I signed it reluctantly. I loved her so I wasn't TOO worried. It was just the surprise of it all :(

I got a free consultation last year and the lawyer mentioned that a lot of women get orders of protection against their husbands falsely. In the event this happens, how should I handle it?(I'd like to be prepared)

I don't know too much about the immigration process, and I don't want to ask her because she will know what I'm up to. I will DEFINITELY ask her for a divorce, but I'd like to know what will be on the horizon when I do.

Any suggestions?
 
gimmedat said:
I would move out, but that would mean she would keep the apartment. The rent is pretty high there and her salary SURELY can't afford it. What if she gets an expensive apartment, an expensive car??? Do I have to pick up the slack? Does the USCIS allow this?
Click to expand...

The affadavit of support is between you and the government, promising to reimburse the government if she becomes a public charge. It is not a promise that you will pay for all of her private spending.
 
Well, that eases my mind a little. Well, since she's eligible for citizenship, does that mean I have to support her? I know it looks like I'm trying to get out of the affidavit of support, but I'm not. The thought of her saying she doesn't want to get her citizenship(just permanent residency) burns me.

I know I've asked a lot of questions and I've got a short list of Lawyers to call. But any advice anyone can offer to those questions would be VERY welcome.

Thanks
 
cut your losses

Since she is currently working the risk of her being a public charge is low. However, the longer you stay in a dead marriage the higher will be your liability in the form of alimony. Cancel common credit cards and pay off loans on cars etc prior to breaking off. If she has possession of such items with a loan, after separation she may ruin your credit history by not making timely payments.
 
got ya. although she's working, it's hardly enough to support herself(apt,bills, etc). that's ok though. i'm aware that I'll probably have to pay something, I just don't want to get taken advantage of. and you're right. i'll have to get out as quick as possible. thanks.
 
ok, i'm back.

well, my wife has moved out. she moved out 2 years ago. i know i shouldn't have waited this long to take action, but i was trying to be civil and helpful to her while she is trying to get on her feet. she's not totally fine yet, but i want to know what direction to take right now.

our 10 year anniversary is next year and i read that she will get part of my social security and my pension if we are married for 10 years. if this is so, i need to know how long it takes to get the divorce final... from filing to FINAL??
 
... and she does not get 'part of' your SS.

She would become entitled to her own SS, calculated based on half of your SS. It would not be taken from you, SSA would give her this much extra.
 
gimmedat said:
Well, that eases my mind a little. Well, since she's eligible for citizenship, does that mean I have to support her? I know it looks like I'm trying to get out of the affidavit of support, but I'm not. The thought of her saying she doesn't want to get her citizenship(just permanent residency) burns me.

I know I've asked a lot of questions and I've got a short list of Lawyers to call. But any advice anyone can offer to those questions would be VERY welcome.

Thanks
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You won't have any problem.Affadavit is for 5 years and the reason is that she will be eligible for citizenship.There is nothing in law saying if she does not want to become citizen you have obligation to support her in any form and shape and like I said it is for the period of time that she will be eligible for citizenship.
So basically your obligation is for 5 years and you are responsible if she becomes public charge as it was mentioned by other members during that 5 years.
I strongly suggesting to read a copy of what you have signed and I am sure the attorney who handeled your case have it or you can simply contact USCIS for a copy or just obtain a blank one online if it has not been revised.
Good luck
 
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mh66ii said:
You won't have any problem.Affadavit is for 5 years and the reason is that she will be eligible for citizenship.There is nothing in law saying if she does not want to become citizen you have obligation to support her in any form and shape and like I said it is for the period of time that she will be eligible for citizenship.
Click to expand...
The minimum required period of support is 10 years (to be exact, it is 40 Social Security quarters ... which can actually be credited after 9 years and some months), unless the sponsored person becomes a citizen or leaves the US or dies. Not 5 years.
 
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