US Citizen divorced from Canadian

G

GeorgiaPeach

New Member
I was married to a Canadian citizen who entered the US on a fiance visa. We were divorced before it was time to file I-485 to remove the conditions on permanent residency. Now, three years later, he has reappeared and is asking for help to get his "permanent residency"....isn't that what he was suppose to have done 3 years when his two year provisional residency expired? I spoke with an INS consultant and they said there is no way to remove my affadavit of support....is this really fair? He had an affair and left three years ago and is now remarried with a child...I do not want to be responsible for him anymore....any advice on how to void the affadavit of support and free myself from this?
:confused:
 
you have no relation at all with him now. your divorce decree should mention the obligation of each of you. Furthurmore, decree should say that all obligation ends if not specifically mentioned. If so, decree supersedes your affidavit. That is my understanding.

If he makes trouble, I believe you have every reason in the court to win. And since your relationship ended, I do not think you could help him in any way on his permanent residency even if you want to.
 
Thanks so much for your reply. I did call my divorce lawyer who also agreed that the divorce degree should have superseded the affadavit, but INS says otherwise...they say that the only thing that voids an affadavit of support is death, citizenship, deportation or 10 years of contributions to Social Security (by immigrant). I'm getting such conflicting reports and INS won't actually give me any specifics on my ex-husbands case since it's confidental.
 
i do not see the reason of concern. just relax. make sure it is clear to him that you could not provide help on his immigration even you are willing to. secondly, if he pushs you on financial support, challenge him on the court. if you really want a piece of mind, talk with a reputed immigration lawyer about this. it costs $100 (30 minuate) or less. you just need 5 minuates. INS consultant sometimes gives conflicting advice. it is rediculous that you are bound forever on affidavit. i am not a lawyer. so ask a lawyer for sure.
 
assuming that you signed an affidavit of support an I-864 you are responsible for his financial stuff till
1. he leaves the US
2. has been present in the US for 10 yrs
3. becomes a U.S. Citizen
or
4. dies.

HTH
 
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