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I'm just curious if under our own contract, if she signed and agreed to abandon US status and leave the country upon divorce, if it would hold up in court?

Would it hold up in court? :blink::blink::blink:

I don't know about anybody else, but I did not have these doubts and worries when filing AOS. Maybe that should tell you something about your relationship.

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We aren't getting married for a while. Just getting things ready.

I hope you realize that once she come here on a K1, you have 90 days to marry. Make sure you "get things ready" and prepared before she comes because once she's here, time is not your friend.

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Filed: Country: United Kingdom
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I'm just curious if under our own contract, if she signed and agreed to abandon US status and leave the country upon divorce, if it would hold up in court?

Would it hold up in court? :blink::blink::blink:

I don't know about anybody else, but I did not have these doubts and worries when filing AOS. Maybe that should tell you something about your relationship.

Read the ###### thread? You people are ignorant.

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Filed: Citizen (apr) Country: Ukraine
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I'm just curious if under our own contract, if she signed and agreed to abandon US status and leave the country upon divorce, if it would hold up in court?

Would it hold up in court? :blink::blink::blink:

I don't know about anybody else, but I did not have these doubts and worries when filing AOS. Maybe that should tell you something about your relationship.

Read the ###### thread? You people are ignorant.

Mike

You have all the answers you are going to get, if you haven't figured that out. We cannot say what will "hold up in court" nor could I even imagine WHICH court it would have to hold up in! A contract requiring someone to give up legally attained immigration benefits is fairly well preposterous and stupid in itself and I cannot imagine any court enforcing it. But that is just me, not an attorney, but applying 35 years of practical business experience and basic business law. This is not even a "pre-nup" (which would be a deal breaker for me in itself) This is not you protecting things which are yours already and earned before the marriage, this is YOU taking away things belonging to HER which are derivitive of the marriage. Like saying she can't have half of a house you attained after marriage with joint funds. Ridiculous.

And how much exactly would you be willing spend to enforce this contract? Would your father spend $10,000? $40,000? You think your going to get some free legal aid attorney to take this to court for you? But if you try to take away her Green Card rights ...SHE will get a free lawyer. Probably from the ACLU. It is the dumbest thing I ever heard. I cannot say it would hold up in court, but I PROMISE you, there is a lawyer who will tell you that it will...for a fee. There is another lawyer that will tell HER it will not. I'm on HIS side, BUT it will cost you many thousands to find out who is right.

Imagine she is here 4 years (but not a citizen) you get divorced. She has a good job AND an unconditional green card and a career in the USA. Now what? She has to quit here career and leave because your father is peeing his pants at the thought of being responsible for her. Give me a break. And I cannot imagine SHE is this dumb to suggest signing something like this.

Now what court do you expect to hold this ridiculous proposal up?

Time for you and your co-sponsor to MAN UP! Accept that there is some responsibility to (potentially) be taken and move ahead...or walk away. Your choice.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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Last time I'm posting.

I simply was asking a few questions that are not typical and shown on any sites.

We are not 'preparing for divorce' I have no doubts that things will be perfect with this lady. And my dad is not THAT uncomfortable. I am just looking to show him as much security as possible. And yes, if I had to wait and get my own income, I would. I am dedicated to this and you all have the wrong idea. I'm sorry I asked out of the ordinary questions.

Good day.

P.S. and the contract was HER idea, I said that. So READ the topic and posts before you reply.

Well it wasn't the last time you posted.

Nick has a good point. Our AOS interview came nearly a year after filing the petition and that was FAST. I think you are troubling your father way too much over something YOU have control over. Get a job before the AOS and it will be a non-issue. Probably much easier to do than drafting a ridiculous, likely un-enforceable contract.

This is MY last post. We have argued how many ghosts can dance on the head of pin long enough. File, or don't file. You have your info, make a decision.

Edited by Gary and Alla

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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We have argued how many ghosts can dance on the head of pin long enough.

How big is the pin? :devil:

Could always find another co-sponsor too, if your father is so leary of it. Doesn't have to be family, just any US citizen living in the US with income of 125% of the poverty guidelines for their family size. And no, they don't have to give the immigrant a weekly stipend, ever. They just have to be prepared for any circumstance where the immigrant may become a public charge, and *then* be able to give them some money, so that they *don't* have to rely on welfare. The US government wants the sponsor to have at least 125% of the current poverty guidelines because they don't want the sponsor and their family to then end up on welfare for going broke for supporting the immigrant. Which is why a sponsor must have the provable, steady income.

You Mike are the primary sponsor, always and forever, whether or not you have a job at the time of her interview. YOU will be primarily responsible, as her husband, to take care of her. YOU also have to sign and submitt an I-864 affidavit of support. The only way your father (or any other co-sponsor) would become responsible for her is if YOU abandon her, or you die. If either of those happened, I would think she'd just head back home to the UK anyhow, it's not like she's leaving some war-torn third world country with no prospects of living a decent life.

Even if at the K1 interview, you have to use your father (or any other) as co-sponsor, by the time the AOS interview rolls around, I should hope that you'd BOTH (you and your fiancee/wife) would have jobs by then, and you can relieve your father of the obligation of the I-864.

By the way. IF for some unfathomable reason, you do divorce before her 2 years green card has expired, she CAN most definitely remove conditions and remain in the country indefinitely. All she has to do at the removing conditions interview is prove that she entered the marriage in good faith, and not just for the green card. Easy peasy, happens all the time. You cannot make her return to the UK.

If neither you or your father are willing to take those risks, then perhaps you need to wait a little while longer before getting started with this process.

Edited by Reba

divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

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