about Divorce

[not24get 0]

Can any one tell me please what would happen if someone get divorced within the first 2 years while still a permanent resident with conditions.Would his permenent residency be revoked if divorced,thank you

[JenT 0]

Not necessarily. It depends on how the marriage is proved to have been bona fide when it began... you should be able to apply to have the conditions removed on your own. There are others here who know more about this than me.

Jen

[returningVJ 0]

Well Im sad to welcome another vjer to the club. hope you can work things out. Im still trying. but yes you can file for a waiver of the joint filling requirement based on

1. good faith marriage

2. abused spouse

3. hardship

gather as much stuff as possible which shows ur marriage is legitimate and was entered in good faith. yes you are going to need extra evidence than a standard case.

and search my previous posts, well all my posts are about this , you will see the questions i had and some nice people around here having good answers (thanks mermaid)

and last but not least keep in touch. i have done and doing some extensive research on the subject. we can share info.

[Aussielad 37]

and if you can prove it was a genuine-legite marriage, then the application can be filed alone, and with the supporting evidence, is approved usually without interview.

The only problem however is the sponsor/co-sponsor.

If you, being the poster, are the one divorcing from your immigrant husband/wife......i would more worry about eht affidavit of support rather than the immigration side of things,....thats their responsibility now, not yours, except for the affidavit of support.

Immigration doesnt care in the end, they just want to see evidence and the bona-fide relationship that went with it.

[returningVJ 0]

and if you can prove it was a genuine-legite marriage, then the application can be filed alone, and with the supporting evidence, is approved usually without interview.

whats the basis for this response? have you heard it or seen it first hand?

i would more worry about eht affidavit of support rather than the immigration side of things,....thats their responsibility now, not yours, except for the affidavit of support.

I guess I864 is the last thing to worry about, since we are talking about federal grants and the department which granted the benefits trying to get reimbursed through I864, which is totally un-likely if you think about it. (unless we are talking about some one who is totally un-employable and needs assistance)

i would worry more about how the divorce law work in ur state and how is your assets going to be splitted.

what ever it is and which side ur on (the side worries about the I864 or the side worried about the immigration aspect) wish you all the very best.

[Sweetgirl 0]

and if you can prove it was a genuine-legite marriage, then the application can be filed alone, and with the supporting evidence, is approved usually without interview.

The only problem however is the sponsor/co-sponsor.

If you, being the poster, are the one divorcing from your immigrant husband/wife......i would more worry about eht affidavit of support rather than the immigration side of things,....thats their responsibility now, not yours, except for the affidavit of support.

Immigration doesnt care in the end, they just want to see evidence and the bona-fide relationship that went with it.

HI! The Sponsor who is going to be or is already x-husband or x-wife is going to be responsible to financially support the Alien until he /she going to become a U.S Citizen even in case of the divorce.

So this obligation is not gonna be taken off from the Sponsor under the I-864 Affidavit Of Support form even in case of the divorce.

Best wishes.

Sincerely.

[john_and_marlene 162]

Well Im sad to welcome another vjer to the club. hope you can work things out. Im still trying. but yes you can file for a waiver of the joint filling requirement based on

1. good faith marriage

2. abused spouse

3. hardship

gather as much stuff as possible which shows ur marriage is legitimate and was entered in good faith. yes you are going to need extra evidence than a standard case.

and search my previous posts, well all my posts are about this , you will see the questions i had and some nice people around here having good answers (thanks mermaid)

and last but not least keep in touch. i have done and doing some extensive research on the subject. we can share info.

It sure would be nice if there was a divorce forum where all this information could be captured.

[Yodrak 7]

not24get,

No.

Yodrak

Can any one tell me please what would happen if someone get divorced within the first 2 years while still a permanent resident with conditions.Would his permenent residency be revoked if divorced,thank you

[diadromous mermaid 36]

not24get,

No.

Yodrak

Can any one tell me please what would happen if someone get divorced within the first 2 years while still a permanent resident with conditions.Would his permenent residency be revoked if divorced,thank you

...unless the marriage was not bona fide to begin with

[PurrSuede 0]

HI! The Sponsor who is going to be or is already x-husband or x-wife is going to be responsible to financially support the Alien until he /she going to become a U.S Citizen even in case of the divorce.

So this obligation is not gonna be taken off from the Sponsor under the I-864 Affidavit Of Support form even in case of the divorce.

Best wishes.

Sincerely.

Sweetgirl, this is a very misleading answer in the case of a divorce from an immigrant alien spouse.

When you say "going to be responsible to financially spport" that makes it sound like someone will have to pay Alimony/support for YEARS. This is just frankly NOT TRUE.

In a FEW cases, a disgruntled ex-spouse has used the I-864 Affidavit in court to obtain a support benefit, but these cases are rare, few and far between.

As my immigration attorney told me, not once in his entire practice did he ever see the US government or any state or local agency attempt to use the I-864 to obtain money from a USC citizen for means-based benefits (welfare, food stamps, etc.)

So your answer is extremely misleading. I'm sure you mean well in giving such an answer but it's blatantly out of whack with the reality of the situation.

-- Dan

[PurrSuede 0]

The only problem however is the sponsor/co-sponsor.

If you, being the poster, are the one divorcing from your immigrant husband/wife......i would more worry about eht affidavit of support rather than the immigration side of things,....thats their responsibility now, not yours, except for the affidavit of support.

HI! The Sponsor who is going to be or is already x-husband or x-wife is going to be responsible to financially support the Alien until he /she going to become a U.S Citizen even in case of the divorce.

So this obligation is not gonna be taken off from the Sponsor under the I-864 Affidavit Of Support form even in case of the divorce.

Best wishes.

Sincerely.

Both of you are giving extremely inaccurate advice

If you read the following:

http://www.ilw.com/articles/2006,0110-wheeler.shtm

at the very bottom it says:

At the same time, it is important to provide a realistic assessment of the probability of actions to enforce the affidavit of support. The author is not aware of any successful actions to obtain reimbursement for means-tested benefit programs obtained by the alien, largely due to the following: (1) sponsored aliens are barred from receiving these benefits for a five-year period in most jurisdictions; (2) after this five-year period, the income of the sponsor is deemed to the alien in determining financial eligibility; and (3) most states have not implemented a system for seeking such reimbursement in cases where the alien does access benefits. Over the course of the last nine years, only a handful of actions have been brought against sponsors by the sponsored alien, and all have been by disgruntled spouses.

Again it says in NINE years, only a ~handful~ of actions have been brought against sponsors and all have been by disgruntled spouses.

And from this article it says:

that the sponsor’s obligation to support the sponsored immigrant under the Affidavit of Support only terminated upon the occurrence of one of the five circumstances: 1) the sponsor’s death, 2) the sponsored immigrant’s death, 3) the sponsored immigrant becoming a US citizen, 4) the sponsored immigrant permanently departing the US, or 5) the sponsored immigrant being credited with a total of 40 qualifying quarters of work.

so it's NOT only until the immigrant naturalizes, which was also incorrect

That article is from:

http://www.ilw.com/articles/2006,0608-mehta.shtm

And note that in the florida case it says:

It is noted that the state court in Florida that had ordered the dissolution of the marriage did not award alimony or support to either party.

Which is consistent with Atty Wheeler's analysis as well.

I discussed this IN DEPTH with my family law attorney as well, and she agrees with my interpretation.

Or actually I should say, I agree with hers, as she was representing me, and we structured our divorce settlement so this issue can NOT be raised by my ex-.

-- Dan