My husband cheated on me and left me and i am under a 2 year conditional green card

[mindthegap 2,521]

18 minutes ago, joma_0624 said:

Is it okay to do all my legal matters discreetly and not letting him know my plans? He thought i left the country and he thought that there's is no way of me staying because we're not together anymore and he is not aware of the consequences for the affidavit of support that he signed. And to be honest, i really don't want to have any communication with him. Even just seeing his name or hearing it gives me chills im kinda traumatized from what he did to me. 

 

Yes- that is one of the more useful purposes of divorce lawyers, to create a buffer between two parties with heated emotions. 

[Nitas_man 3,100]

43 minutes ago, joma_0624 said:

Is it okay to do all my legal matters discreetly and not letting him know my plans? He thought i left the country and he thought that there's is no way of me staying because we're not together anymore and he is not aware of the consequences for the affidavit of support that he signed. And to be honest, i really don't want to have any communication with him. Even just seeing his name or hearing it gives me chills im kinda traumatized from what he did to me. 

He will be served by the court when you file for divorce and will have the opportunity to get his own attorney and file an answer.   He can't get anything from you anyway so there is nothing to ask for from his side.

As to communication during divorce proceedings it is best that the parties do not communicate with each other in any way, shape, or form.  Legal fees are more important to ask for than support.  It minimizes contact.  As I said, when one party is paying both sides and it costs a couple hundred bucks to even make a phone call you won't hear anything from him LOL.  He'll want it over as quickly and painlessly as possible, which I believe is what you want.

 

Edited October 17, 2017 by Nitas_man

[GreatDane 366]

5 hours ago, Nitas_man said:

Don't know what state you are in but in most states you file, satisfy the waiting period, and the court grants a divorce.  End of story.  Divorce is unfortunately a game and here is the way to play this one.

 

Most states at a minimum grant temporary support while the divorce is pending.  I believe I would suggest you see a family attorney, pay the consulting fee, and when you file for the divorce ask for permanent support under the affidavit of support he signed (then) plan to agree to "settle" for temporary support until the divorce is finalized.  Also, since you are in the US under his support affidavit and this is definitely not a no-fault divorce (if) you can prove infidelity, sue for court costs and legal fees.  You'll very likely get them.  If you do, it won't matter how expensive it gets but it will be $200-$300 from his pocket every time the lawyers make a phone call or send an email.

 

Trust me:  He'll do everything he can then to get it finalized as quickly as possible and to avoid legal fees he won't fight anything.  Then you can move on.

Florida is a no-fault divorce state. Even if there is adultery, it doesn't matter in dividing assets or providing additional support. If he supported her during the relationship, she can get alimony.

On another note, the I864 he signed doesn't mean that he has to provide for her - he has to make sure she doesn't take a means tested government benefit and if she does, he will have to reimburse the government. It's rare that it ever gets called on. The best way for financial support is like Nitas_man suggested - temporary alimony.  

[Ontarkie 13,904]

~~Non contributing posts removed and those quoting. Stick to answering the OP's question(s) or do not post.~~

[cyclone27 710]

Just to add - marriage this short I wouldn’t expect much temp support.

[mcdull 474]

20 hours ago, joma_0624 said:

Hi, I got married last Febuary 2016 and got my 2 year green card november of 2016. I entered the marriage with good faith and had a real relationship with my husband. June of 2016 i caught him cheating on me and even admitted to me that he hooked up with a girl he met online. Fast forward, we talked about it and moved on with our lives and i just forgave him. I got a job moved in to our own place and lived as normal couple. Fast forward to April of 2017 I caught him cheating again when i was checking our phone records and this time he did not admit it, and i again I gave him another chance until, One day it finally ended when i personally caught him red handed and confronted him. Since he was caught red handed he never came home and he stayed with the other woman. So now we've been living separately, trying to make ends meet since he had the nerve to close our bank accounts, cut me off from the phone plan and i car insurance. I had to start over again. Can someone help me what to do? Can i still get my permanent green card? Thanks

if you divorce him, you can still get the green card.

 

you could also return to the Philippines if you aren't happy with the marriage 

[Nitas_man 3,100]

22 hours ago, GreatDane said:

Florida is a no-fault divorce state. Even if there is adultery, it doesn't matter in dividing assets or providing additional support. If he supported her during the relationship, she can get alimony.

On another note, the I864 he signed doesn't mean that he has to provide for her - he has to make sure she doesn't take a means tested government benefit and if she does, he will have to reimburse the government. It's rare that it ever gets called on. The best way for financial support is like Nitas_man suggested - temporary alimony.  

Almost all the states are no-fault.  That does not excuse fault.

 

Florida divorce law specifically lists adultery as a factor to be considered when making a determination for alimony.

 

As to the affidavit of support, I think we all need to review Page 7-8 of what we all signed.  It says on page 7 you must provide that immigrant with support equal to 125% of the poverty guidelines and on page 8 it says If you fail to provide support equal to 125% of the poverty guidelines to the intending immigrant then that immigrant may sue you for that support.  Not the US government. 

 

More and more courts are enforcing this. 

 

Edited October 18, 2017 by Nitas_man

[GreatDane 366]

5 minutes ago, Nitas_man said:

Almost all the states are no-fault.  That does not excuse fault.

 

Florida divorce law specifically lists adultery as a factor to be considered when making a determination for alimony.

 

As to the affidavit of support, I think we all need to review Page 7-8 of what we all signed.  It says on page 7 you must provide that immigrant with support equal to 125% of the poverty guidelines and on page 8 it says If you fail to provide support equal to 125% of the poverty guidelines to the intending immigrant then that immigrant may sue you for that support.  Not the US government. 

 

More and more courts are enforcing this. 

 

Wow - that's awesome. I just reread the portion you cited.

[Nitas_man 3,100]

1 hour ago, GreatDane said:

Wow - that's awesome. I just reread the portion you cited.

Yes.  We are not excused from this obligation just because we do not feel like being married anymore.