Filed Joint I-751, now divorcing

[naemg 0]

(I'm the USC)

My wife and I got married a approx 2.5 years ago. I submitted an affidavit of support & sponsored her. In October, (just over the 2 year mark) we filed a joint I-751. She went and had her biometrics and all that done and her CPR was extended for another year. The i-751 is still pending. Now, we're getting divorced.

I'm not sure about next steps.

1.) Am I obligated to withdraw the joint I-751? What happens if I do/don't? I'm asking because I don't want her deported. Our marriage was real but it just didn't work due to several reasons. She was advised by her immigration attorney to divorce and then file a 751 waiver on her own and prove the bonafides of our marriage. Which brings me to my second question...

2.) If she does file the 751 waiver on her own, am I still financially reponsible for her because of the affidavit of support (I-864) I signed? i'm not clear on whether my withdrawing the I-751 also withdraws the I-864. (I have a feeling the answer is YES I am still financially responsible even if she files 751 on her own. Can someone confirm?)

Hopefully this makes sense, I appreciate your responses. Thank you.

[Inky 1,111]

(I'm the USC)

My wife and I got married a approx 2.5 years ago. I submitted an affidavit of support & sponsored her. In October, (just over the 2 year mark) we filed a joint I-751. She went and had her biometrics and all that done and her CPR was extended for another year. The i-751 is still pending. Now, we're getting divorced.

I'm not sure about next steps.

1.) Am I obligated to withdraw the joint I-751? What happens if I do/don't? I'm asking because I don't want her deported. Our marriage was real but it just didn't work due to several reasons. She was advised by her immigration attorney to divorce and then file a 751 waiver on her own and prove the bonafides of our marriage. Which brings me to my second question...

2.) If she does file the 751 waiver on her own, am I still financially reponsible for her because of the affidavit of support (I-864) I signed? i'm not clear on whether my withdrawing the I-751 also withdraws the I-864. (I have a feeling the answer is YES I am still financially responsible even if she files 751 on her own. Can someone confirm?)

Hopefully this makes sense, I appreciate your responses. Thank you.

yes you are still responsible for her because of the I-864. Pulling the 751 does nothing to the previous forms.

[modmodgirl 2]

I'm sorry to hear about your divorce. From what I have researched here on these forums and through a conversation I just had with an immigration lawyer. Yes, you are responsible for her IF she uses public funds through the US govt. ( i.e food stamps, medicare, etc.) You will have to reimburse the govt. I don't know what state you are in but if it's a community property state, you will both have to do a 50/50 split of all assets.

The immigration lawyer that I had a meeting with told me that the only way a USC can be let go of that agreement is if the immigrant moves back to their country and revokes their greencard, or if the immigrant becomes a US citizen. If she has a job and is above the poverty line, she really can't get much from you. That is what this immigration lawyer told me. I called about a pre-nup agreement and it does nothing to protect the USC. Nothing, what so ever, it's not worth it.

[Deputy Purple 1,294]

I'm sorry to hear about your divorce. From what I have researched here on these forums and through a conversation I just had with an immigration lawyer. Yes, you are responsible for her IF she uses public funds through the US govt. ( i.e food stamps, medicare, etc.) You will have to reimburse the govt. I don't know what state you are in but if it's a community property state, you will both have to do a 50/50 split of all assets.

The immigration lawyer that I had a meeting with told me that the only way a USC can be let go of that agreement is if the immigrant moves back to their country and revokes their greencard, or if the immigrant becomes a US citizen. If she has a job and is above the poverty line, she really can't get much from you. That is what this immigration lawyer told me. I called about a pre-nup agreement and it does nothing to protect the USC. Nothing, what so ever, it's not worth it.

The Immigration Lawyer was incomplete in their response to you.

Once the Immigrant has worked 40 qualifying quarters the Affidavit of Support is gone, that generally takes at least 10 years though.

Regarding the Pre-Nup, of course it can't alter your responsibilities under the Affidavit of Support. A Pre-Nup is a contract between you and your soon to be wife, the Federal Government isn't a party to it. The Aos Is a contract between you and the Federal Government. Since the parties of the two contracts are not the same one can't alter the other...

[modmodgirl 2]

Thanks for clarifying, but I learned from the immigration lawyer that a pre nup isn't any good unless one owns alot of property. I live in California a community property state and everything is a 50/50 split. I went through a divorce before and it was rough because of that being that I was the primary earner.

[Brother Hesekiel 2,236]

Your wife, the beneficiary, has to resubmit her I-751 with a waiver. If she doesn't, and at any time in the future, even beyond the naturalization stage, it surfaces that your marriage was on the rocks and you were initiating a divorce before her I-751 was adjudicated, they can pull the plug on everything.

So either you wait with the divorce until she has her 10-year Green Card, or you will create a real headache situation for her.