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Filed: IR-1/CR-1 Visa Country: Brazil
Timeline
Posted

Hi...after only 7 months of my wife being here(she came in with a 10 year GC) in the US, we will be getting divorced (she totally hates it here). She most likely will be returning to her country..she does not speak English and she does not have a job... she has a kid with her (17 years old). My question is, because of the Affidavit that I signed, if she was to stay here in the States, am I responsible for her if she was to request financial assistance from the Government?

Thank you for your help.

Luis.

Posted (edited)

Your responsibility is done when:

-She becomes a citizen

or

-Has 40 quaters of work

So as it right now, you are still responsible for her if she gets means-tested benefits.

"Your obligation to support the immigrant(s) you are sponsoring in this affidavit of support will continue until the sponsored immigrant becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work in the United States. Although 40 qualifying quarters of work (credits) generally equate to ten years of work, in certain cases the work of a spouse or parent adds qualifying quarters. The Social Security Administration can provide information on how to count qualifying quarters (credits) of work. The obligation also ends if you or the sponsored immigrant dies or if the sponsored immigrant ceases to be a lawful permanent resident and departs the United States. Divorce does not end the sponsorship obligation." (from AOS instructions)

"If the immigrant sponsored in this affidavit does receive one of the designated Federal, State or local means-tested public benefits, the agency providing the benefit may request that you repay the cost of those benefits. That agency can sue you if the cost of the benefits provided is not repaid."

Edited by Terca

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N400 Mailed: 12/09/2016

Priority Date: 12/13/2016

Biometrics Appmt: 01/13/17

 

Filed: Citizen (apr) Country: India
Timeline
Posted

Hi...after only 7 months of my wife being here(she came in with a 10 year GC) in the US, we will be getting divorced (she totally hates it here). She most likely will be returning to her country..she does not speak English and she does not have a job... she has a kid with her (17 years old). My question is, because of the Affidavit that I signed, if she was to stay here in the States, am I responsible for her if she was to request financial assistance from the Government?

Thank you for your help.

Luis.

Yes, you are responsible for her till she gets her status changed - gets citizenship. I am not sure if re-marraige frres you.

USA

01/08/13 - Approved and GC is order for production on 1/8/14

09/12/13 - Case transferred to CSC. NOA2 received on 09/18/13

08/30/13 - Biometrics Done - No walk ins allowed at this LSC (received on 8/16/13).

08/05/13 - NOA1 (received on 08/10/13)

08/01/13 - Mailed I-751 (received on 8/2/13 - check cashed on 8/5/13)

12/28/11 - Received SSN (applied on 12/20/11, as we didn't get based on DS-230 options)
11/28/11 - Received Green Card (Expires on 10/30/13) - Welcome Letter on 11/17/11
10/30/11 - POE - Houston, TX

Chennai Consulate (40 days)
10/28/11 - Received Visa papers and Passport at VFS
10/25/11 - Interview Cleared Successfully (Spouse was not allowed in)

NVC: (90 days from NOA2 to Consulate)
08/31/11 - Case Completed (Interview 10/25/11) - Received at Chennai on 09/19/11
07/22/11 - NVC Case Number

USCIS: (92 days)

6/21/11 - NOA2 (NOA1 on 3/25/11) - took a month to get to NVC
3/21/11 - I-130 sent to USCIS Lockbox, Chicago.

 
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