Getting divorced before 1-751 due to cheating and need advice

[geowrian 22,335]

24 minutes ago, Boiler said:

To be clear the OP would be the first port of call for the I 864 should that arise. She is the primary sponsor.

My understanding is that there is joint and several liability with the I-864. As such, they could choose any or all sponsors to execute the contract. Is that incorrect?

Edit: See Matloob v. Farhan

Edited August 21, 2017 by geowrian

[jakartausa 28]

2 hours ago, Mollie09 said:

He will probably have a really easy time removing his conditions (as someone who also got a divorce waiver) and he will stay in the US if he wants to. Divorce and move on.

You cannot remove your responsibility (or your parents') that you signed on for in the I-864. It's a contract between you and the government, and the notarized letter is pointless against that.

I love how people think getting a letter notarized makes it legal. All a notarization does is provide proof that "A" person signed said document. LOL

[Going through 5,668]

16 hours ago, nothas88 said:

My parents actually had a contract written up stating that if we divorced or if at any time, they fell into any legal trouble due to him reaching out for government assistance, then they could also sue him. So at least they had the good sense to get that signed and notarized.

1)  I'm surprised he agreed to sign that, at all, in the first place.

2)  It's not a legally binding "contract" in any way, and would not hold up in court.

3)  You know how easy it would be for him or a lawyer to say he signed it under duress, if it ever did become an issue?

 

Frankly, it sounds like one of those "sign this or else you can't marry my daughter..."  kind of deal from your parents, and he probably signed it because he wasn't given much choice in the matter, since at the time he was inlove with you and wished to marry you.

[IcezMan_IcezLady 582]

11 hours ago, mimolicious said:

The contract your parents had him sign is worthless. The contract won't hold up in court and USCIS can and will go after your parents of need be. 

The contract is not "worthless".  That contract is valid based on it's own merit. it has nothing to do with USCIS. Her parents cannot stop USCIS from coming after them but that has nothing to do with her parents. They can also sue the OP ex husband for their loss. It is up to the court to determine if there was a reasonable expectation of reimbursement.

 

Those are 2 separate contractual agreements.

[Harmonia 211]

20 hours ago, nothas88 said:

 

Despite the last few months of hell, I do genuinely believe that his intentions were good at the time of proposal through our first few months of marriage (He didn't start acting cold and detached until over a year and half in), so I don't necessarily want to raise flags of fraud. We both agreed to divorce, I kicked him out for the cheating and neither one of us want anything from the other but to be left to our own. Beforehand, I handled all the paperwork (He doesn't really understand any US legal processes), but now he's on his own and can go get a lawyer to figure everything out considering it won't look good that he caused the divorce due to infidelity. That being said, I have a very strong feeling that he's going to ask his co-workers to write sworn statements as evidence of a bonafied marriage. There's not a ton of evidence because most things were in my name and all of our shared accounts/etc. are now closed and we did not see one another very often or even do much together because he devoted so much time to his job/friends/affair. It's almost a guarantee he'll have to provide proof/witnesses and those are the only people he knows here. I don't, in any way shape or form, want to be associated with his workplace or the people who work there. I've only really met 3 or 4 of them anyway and (mutually) did not like any of them. I'm sure he did a fair amount of lying about me to them and I never really was around anyone enough for them to know anything substantial about our relationship.

 

Long story short, I'm not necessarily trying to put his permanent green card even more in jeopardy than it already it, but I definitely want to alert USCIS about the divorce, distance my parents from the responsibility of financial support they signed and (somehow?) request that anything from these ill-meaning co-workers not be considered actual, truthful affidavits. How do I do this? Should I write a letter? Call? Request an interview?

 

Needing any and all advice.

 

Thanks!

1) You don't need to do anything. He will file for Removal of Conditions with a divorce waiver indicating you're divorced.

2) Why are affidavits saying you were once happily married not "actual" or "truthful"? Bonafide marriage doesn't mean happily ever after. Your marriage didn't become fraud when he cheated or when you decided to divorce instead of reconcile. 

3) As others stated, divorce doesn't end the affidavit of support. But its good he's working. I wouldn't worry about this. 

 

Move on with your life and find someone who doesn't cheat. Don't try to hurt him with immigration because that will just be sinking to his low level. You are no doubt a better person than that. 

[Boiler 43,434]

Has anybody mentioned Annulment?

[f f 725]

6 minutes ago, Boiler said:

Has anybody mentioned Annulment?

after being married for 2 years? didn't think it was possible after they were married for that long.

[Going through 5,668]

6 minutes ago, Boiler said:

Has anybody mentioned Annulment?

I was curious about the grounds for annulment in Washington (where the OP is) and found the below.

Washington state’s version of annulment is called a "declaration of invalidity."  From what the OP has stated within this thread, doesn't look like that option would fit:

What are the Grounds for a Declaration of Invalidity?

You need a legal "ground" (reason) to have your marriage declared invalid in Washington. Washington recognizes the following seven grounds:

• Underage – a spouse was too young to be married in Washington
• Bigamy – a spouse has another living husband or wife
• Incest – the spouses are related, closer than first cousins
• Incompetence – a spouse was mentally unable to consent to the marriage; insane, intoxicated, or incapacitated
• Duress – one spouse was coerced into getting married
• Fraud – a spouse defrauded the other about something essential to the marriage, and
• Force – one spouse got married only because of threats or physical force.

Other details about these legal grounds:

In Washington, you must be at least 18 to get married, or at least 17 with a parent’s consent. If a spouse was underage at the time of marriage but continues to live with the other spouse after turning 18, the marriage won’t be declared invalid.

If a spouse was incompetent at the time of marriage because he or she was insane, intoxicated, or incapacitated, but continues to live with the other spouse after they are able to consent, the marriage won’t be declared invalid.

For a marriage to be declared invalid based on incompetence, one spouse had to be impaired to the point that he or she couldn’t understand the marriage itself.

For a marriage to be declared invalid because of fraud, the fraud has to be directly related to the marriage. In other words, without the fraud, the marriage would have never happened. Examples of fraud that may invalidate a marriage include: hiding the fact that one can't engage in sexual intercourse, hiding a venereal disease, or hiding pregnancy by another man.

If a spouse wants the marriage declared invalid because of force or duress, the force or duress had to exist at the time of the marriage. If the spouses freely continue to live together after the force or duress is gone, the marriage won’t be declared invalid.

[Boiler 43,434]

3 minutes ago, f f said:

after being married for 2 years? didn't think it was possible after they were married for that long.

Odd for it not to be mentioned.

[Mollie09 1,543]

10 minutes ago, Boiler said:

Odd for it not to be mentioned.

 

VJ loves annulments, except they don't annul immigration benefits.

[Ontarkie 13,916]

16 minutes ago, f f said:

after being married for 2 years? didn't think it was possible after they were married for that long.

 

Boiler was more less saying it because it's one of the first thing ppl tell them to do on here. 

Edited August 21, 2017 by Ontarkie

[Villanelle 4,121]

So Im going to disagree a bit with what others have posted here. The fact that he committed adultery which ended the marriage can be used against him for ROC.

 

(2) Application for waiver based upon the alien's claim that the marriage was entered into in good faith . In considering whether an alien entered into a qualifying marriage in good faith, the director shall consider evidence relating to the amount of commitment by both parties to the marital relationship. Such evidence may include -- 
(i) Documentation relating to the degree to which the financial assets and liabilities of the parties were combined; 
(ii) Documentation concerning the length of time during which the parties cohabited after the marriage and after the alien obtained permanent residence; 
(iii) Birth certificates of children born to the marriage; and

(iv) Other evidence deemed pertinent by the director. 
 
From USCIS.
 
https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-22009/0-0-0-22063.html)

 

Also-If USCIS discovers that you were at fault in the termination of your marriage (because you abandoned your spouse or committed adultery, for example), the agency may deny your I-751 petition.

 

http://www.nolo.com/legal-encyclopedia/divorce-your-conditional-residence-status-how-file-divorce-waiver-with-form-i-751.html

 

He was at fault for the marriage ending. Thats different from there being no fault. Fault was assigned to him. Someone said there was good faith for a while and then there wasnt or something like that. That period of non good faith can be held against him. The OP can send a letter to USCIS outlining her side of the story along with the divorce papers and see what happens. He may get denied for ROC. 

 

As for the contract signed by the ex- If USCIS wants to come after her or the parents to recoup money they can and the contract wont stop them. If the ex wants to sue in court for support- who knows. People have made contracts like that before but to my knowledge the validity of it has yet to be challenged in court. 

Edited August 21, 2017 by Damara

[cd37 229]

16 minutes ago, Damara said:

So Im going to disagree a bit with what others have posted here. The fact that he committed adultery which ended the marriage can be used against him for ROC.

 

(2) Application for waiver based upon the alien's claim that the marriage was entered into in good faith . In considering whether an alien entered into a qualifying marriage in good faith, the director shall consider evidence relating to the amount of commitment by both parties to the marital relationship. Such evidence may include -- 
(i) Documentation relating to the degree to which the financial assets and liabilities of the parties were combined; 
(ii) Documentation concerning the length of time during which the parties cohabited after the marriage and after the alien obtained permanent residence; 
(iii) Birth certificates of children born to the marriage; and

(iv) Other evidence deemed pertinent by the director. 
 
From USCIS.
 
https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-22009/0-0-0-22063.html)

 

Also-If USCIS discovers that you were at fault in the termination of your marriage (because you abandoned your spouse or committed adultery, for example), the agency may deny your I-751 petition.

 

http://www.nolo.com/legal-encyclopedia/divorce-your-conditional-residence-status-how-file-divorce-waiver-with-form-i-751.html

 

He was at fault for the marriage ending. Thats different from there being no fault. Fault was assigned to him. Someone said there was good faith for a while and then there wasnt or something like that. That period of non good faith can be held against him. The OP can send a letter to USCIS outlining her side of the story along with the divorce papers and see what happens. He may get denied for ROC. 

 

As for the contract signed by the ex- If USCIS wants to come after her or the parents to recoup money they can and the contract wont stop them. If the ex wants to sue in court for support- who knows. People have made contracts like that before but to my knowledge the validity of it has yet to be challenged in court. 

I thought for USCIS, either you are divorced or not divorced. it doesnt matter if its fault or no fault divorce but I may be wrong.

[Roel 7,191]

Cheating happens. Get over it and move on, stop giving a ####### about immigration right now. Simple. 

[cd37 229]

24 minutes ago, Roel said:

Cheating happens. Get over it and move on, stop giving a ####### about immigration right now. Simple. 

agree. its just when beneficiary does that people get judgemental.