What happens in this situation?

[acer925 0]

Thanks all for clearing that up. I now understand that she would have to go back to Canada if we divorced before she received her green card. Just to make sure again though, if the divorce takes place after she receives the green card than she would be eligible to stay in the country so long as she files the proper paperwork correct? Would she have any problems when the 10 year interview takes place, I don't imagine they would make her go back at that point. Thanks all..much appreciated!

[JimVaPhuong 4,863]

What is the affadavit of support about? Would I have to financially support her after a divorce in any situation? Thanks

Here is the form and instructions. Read them both carefully.

http://www.uscis.gov/i-864

If she applies for a green card based on the marriage then you must sign and submit an affidavit of support. The terms of the affidavit specify that the sponsor is supposed to ensure that the immigrant is supported at least at 125% of the poverty guidelines, and that the immigrant may sue the sponsor if they don't meet that obligation. Realistically, that particular aspect of the affidavit has had mixed results in enforcement. The US government isn't going to lift a finger to force you to support her based on the affidavit. The government's only concern is that you would be obligated to reimburse the taxpayers if she should collect any means-tested public benefits. She would have to sue you in a civil court in order to force you to support her, and that doesn't always work. Many courts cite "lack of standing", meaning that the promise you made was to the US government and not to her, and only the US government would have the standing to enforce the contract. Some immigrants have been successful in getting a family court to use the affidavit of support as a basis for spousal support, but that route doesn't work in states where the family court judge is bound by the formulas provided in the state's family code in determining spousal support.

I've googled this subject numerous times, and I've only ever found a handful of cases where the immigrant successfully used the affidavit of support to get payments from the sponsor. Frankly, the government doesn't even enforce it very often when the immigrant collects public benefits. There were a rash of enforcement actions in New Jersey a couple of years ago - about 200 cases, if I recall - and the federal government pressured them to stop.

Nevertheless, it IS a legally binding contract, and the government can enforce it if they choose to.

Thanks all for clearing that up. I now understand that she would have to go back to Canada if we divorced before she received her green card. Just to make sure again though, if the divorce takes place after she receives the green card than she would be eligible to stay in the country so long as she files the proper paperwork correct? Would she have any problems when the 10 year interview takes place, I don't imagine they would make her go back at that point. Thanks all..much appreciated!

There usually isn't an interview when someone self-petitions for removal of conditions after a divorce. She has to submit evidence that she entered the marriage in good faith. The decision is made based on that evidence. It's not simply a matter of filing the proper paperwork. The decision is entirely discretionary. However, the majority are approved. Once she has a 10 year green card then her immigration status is no longer dependent on her marriage.

[Darnell 8,478]

Thanks all for clearing that up. I now understand that she would have to go back to Canada if we divorced before she received her green card. Just to make sure again though, if the divorce takes place after she receives the green card than she would be eligible to stay in the country so long as she files the proper paperwork correct? Would she have any problems when the 10 year interview takes place, I don't imagine they would make her go back at that point. Thanks all..much appreciated!

Nope, sorry - you've got it twisted.

She's already here, on a 2 year card.

The next thing is a 'removal of conditions case' and the guidelines are different for what happens after a divorce, prior to filing any ROC case.

If /when she divorces, SHE can file the ROC on her own, but yer still on the hook with the I-864 regardless, until one of:

--she has 10 years of work, 40 credits, on her

--she becomes a USCitizen

--she goes back home and abandons her residency

--she turns in her green card at the border

[JimVaPhuong 4,863]

Nope, sorry - you've got it twisted.

She's already here, on a 2 year card.

The next thing is a 'removal of conditions case' and the guidelines are different for what happens after a divorce, prior to filing any ROC case.

If /when she divorces, SHE can file the ROC on her own, but yer still on the hook with the I-864 regardless, until one of:

--she has 10 years of work, 40 credits, on her

--she becomes a USCitizen

--she goes back home and abandons her residency

--she turns in her green card at the border

In a follow up post he asked what happens if they divorce before she gets her green card, and then asked what the affidavit of support was. I think they might not have filed for AOS yet.

[Darnell 8,478]

I dunno, Jim - I say he's got it twisted,

as

his first post was specific,

and there's more detail about any upcoming ROC casefile.

[acer925 0]

Hi guys, just to clear it up. We are married and living in the states. We are waiting for her green card to come, but things haven't gone as expected in the relationship. So, not sure what to do once she recieves the card. We are working on the marriage at this point, but figured I'd be prepared for anything by coming here with my concern. Thank you all.

[Darnell 8,478]

well, yer options are fairly well laid out, in yer topic here.

[acer925 0]

well, yer options are fairly well laid out, in yer topic here.

She strongly believes that they would tell her she has to go back to her country when the two year interview comes up, but I told her it doesn't matter as long as she proved it was entered into good faith, which it was. So who's right? She says she read all about it. Thanks in advance guys.

[aleful 1,905]

She strongly believes that they would tell her she has to go back to her country when the two year interview comes up, but I told her it doesn't matter as long as she proved it was entered into good faith, which it was. So who's right? She says she read all about it. Thanks in advance guys.

a lot of people have removed conditionsd as divorced, as long as she can prove that she entered the marriage in good faith.

they already told you so in this thread.

She strongly believes that they would tell her she has to go back to her country when the two year interview comes up, but I told her it doesn't matter as long as she proved it was entered into good faith, which it was. So who's right? She says she read all about it. Thanks in advance guys.

a lot of people have removed conditionsd as divorced, as long as she can prove that she entered the marriage in good faith.

they already told you so in this thread.

[acer925 0]

ok so I guess I'm right and she is wrong. Just wanted to double check since she was so adamant on her belief.

[acer925 0]

Can someone check this out. I pasted below from a site I just read. This guy, in a similar situation to me said his he got an EAD card only a couple months after being in the states while waiting for his green card. Why is my wife waiting for her green card if she can have an EAD card? Thanks for the help.

This is pasted from the link http://www.trackitt.com/uk-discussion-forums/i485-eb/125322579/how-long-to-get-green-card-after-interview

Posted by mjk123 (1) 17 Aug 2008

Hello All

My wife is a US Citizen and she sponsored me for a green card. I applied for the I-485 in 2007. Here is the breakdown:

USCIS received the application on august 3, 2007 and started processing.

fingerprinted in spetember 2007

GOT EAD in october 2007

Me and the wife were interviewed in november 2007. Interview went OK.

Since november 2007, I am still waiting for my approval. Online status only shows that " case received and pending".

Can anyone advise me what should be my next step? about 4 months ago I took the infopass and personally went to the local office for an update. I was told that the officer has not made a decision yet.

What should I do next to have my case expedited?

Thanks

[God fearing 13]

What is the affadavit of support about? Would I have to financially support her after a divorce in any situation? Thanks

Its a contract that legally obligates you to support the applicant.

[Harpa Timsah 13,258]

Why is my wife waiting for her green card if she can have an EAD card? Thanks for the help.

Did you not apply for an EAD when you applied for AOS? You can file for a free EAD that, once approved, gives the immigrant the right to work until the GC is approved.

[Darnell 8,478]

Can someone check this out. I pasted below from a site I just read. This guy, in a similar situation to me said his he got an EAD card only a couple months after being in the states while waiting for his green card. Why is my wife waiting for her green card if she can have an EAD card? Thanks for the help.

I dunno, many people file the AP and EAD paperwork in conjunction with the I-485 - as the fees are waived for AP and EAD when filed WITH the I-485.

I'm thinking you not do that with your wife's INTIAL FILING, but I could be wrong.

[acer925 0]

The EAD card just came a few days ago. I was confused as to whether or not I applied for it. Anyway, we are going to be living separately shortly. I am moving out for a little bit, my grandpa is sick and I have some work lined up over there that I need to persue. But how will this effect our future as far as her getting an unconditional GC? Will she be denied once they find out we didn't live together the whole time? Thanks all