Pending Divorce, Now what

[NeedHelp_Fraud 0]

Hello everyone,

You probably know my story from my other post. So we filed for divorce. She signed and got served. Now its just waiting 6 months to get it finalized. My soon to be ex-wife still lives with my parents, as she has no family in the states. So we gave her 2 options: 1) We pay for her ticket back home (India) or 2) she find friends/relatives to live at. From our conversation she does not want to go back home. She wants to live in states, even if it means illegally! I do not want to be part of her illegal activities. She says she has found "relatives" to stay at and if she moves, i will probably lose track of her. Now if i understand correctly, once our divorce if finalized she becomes an illegal resident. If she doesn't leave, will this look bad towards me? I am/was her sponsor.

I'm going to meet an immigration lawyer tomorrow but wanted the communities opinion as well.

Edited April 9, 2012 by NeedHelp_Fraud

[Sveta & Ron 23]

from what i recall as long as she is in america even after divorce you still have to support her i am tring remember where i read it

[NY_BX 397]

Hello everyone,

You probably know my story from my other post. So we filed for divorce. She signed and got served. Now its just waiting 6 months to get it finalized. My soon to be ex-wife still lives with my parents, as she has no family in the states. So we gave her 2 options: 1) We pay for her ticket back home (India) or 2) she find friends/relatives to live at. From our conversation she does not want to go back home. She wants to live in states, even if it means illegally! I do not want to be part of her illegal activities. She says she has found "relatives" to stay at and if she moves, i will probably lose track of her. Now if i understand correctly, once our divorce if finalized she becomes an illegal resident. If she doesn't leave, will this look bad towards me? I am/was her sponsor.

I'm going to meet an immigration lawyer tomorrow but wanted the communities opinion as well.

You are tied with the affidavit of support. Divorce does NOT void it. She won't be illegal here if she has a green card, although I may be wrong.

Good idea in consulting an immigration lawyer.

[Wyld Blu 35]

Op, I don't know the rest of your story, but a bit more info would be helpful. Like how long has she been here. Does she have her green card? If so, and can prove the marriage was in good faith, she can apply for ROC without you, once a divorce is final. Also, as far as your affidavit of support goes, you are on the hook with the contract you made with the government whether or not you are married to her, or divorced. The only thing that will remove that is if she moves back to her country, or dies.

-Blu-

Edited April 10, 2012 by Wyld Blu

[Nina~ 431]

No, your divorce does not make her stay here illegal if she has her greencard. She can lift conditions on her own after the divorce is finalized.

[NeedHelp_Fraud 0]

Op, I don't know the rest of your story, but a bit more info would be helpful. Like how long has she been here. Does she have her green card? If so, and can prove the marriage was in good faith, she can apply for ROC without you, once a divorce is final. Also, as far as your affidavit of support goes, you are on the hook with the contract you made with the government whether or not you are married to her, or divorced. The only thing that will remove that is if she moves back to her country, or dies.

-Blu-

We've been married a little over 1 year. She's been in the States about 4 months. She has a 2 year green card (came here on CR-1).

I know that she can apply for ROC after divorce is final, but if she doesn't she is in breach of her condition. right? If so she is an illegal resident?

I am just worried that if she doesn't care for ROC and just lives in the states illegally will it look bad on me? I will over time move on don't want this to affect me...

[Nina~ 431]

We've been married a little over 1 year. She's been in the States about 4 months. She has a 2 year green card (came here on CR-1).

I know that she can apply for ROC after divorce is final, but if she doesn't she is in breach of her condition. right? If so she is an illegal resident?

I am just worried that if she doesn't care for ROC and just lives in the states illegally will it look bad on me? I will over time move on don't want this to affect me...

Her condition is breached only of she fails to ROC, but not because she is divorcing you.

You have nothing to worry about unless she applies for means tested benefits (like food stamps), in which case you will be held liable for it by the government. Otherwise I do not see how this will affect you.

[Peter_Pan 661]

You have nothing to worry about unless she applies for means tested benefits (like food stamps), in which case you will be held liable for it by the government. Otherwise I do not see how this will affect you.

Do they really enforce that? Have been been sued by the gouvernment?

[Peter_Pan 661]

*has anyone been sued

[VanessaTony 3,567]

Her condition is breached only of she fails to ROC, but not because she is divorcing you.

Incorrect. She has breached the terms of the GC by being divorced. She needs to file ROC immediately because she is deportable. Her GC is still valid until she is "found out" or it expires. So while she's not illegal, she is in breach. (There are other topics about this that reference the applicable law. I linked it either last week or the week before.)

from what i recall as long as she is in america even after divorce you still have to support her i am tring remember where i read it

No he doesn't. He needs to pay back the government if she uses means tested benefits, but not give her money or support her unless ordered by the courts.

[VanessaTony 3,567]

She wants to live in states, even if it means illegally! I do not want to be part of her illegal activities. She says she has found "relatives" to stay at and if she moves, i will probably lose track of her. Now if i understand correctly, once our divorce if finalized she becomes an illegal resident. If she doesn't leave, will this look bad towards me? I am/was her sponsor.

I'm going to meet an immigration lawyer tomorrow but wanted the communities opinion as well.

First, she's not illegal. She needs to file ROC now but she's not illegal. She is in breach but that doesn't invalidate her GC.

If she becomes illegal (doesn't ROC and her card expires) then no it won't affect you sponsoring someone else except that it might look like you brought someone over here for immigration reasons (given your relationship didn't last long once she was here). So if you want to petition someone else I suggest you wait a while.

Your biggest concern is her using means-tested benefits and the government coming after you to pay it back.

[NeedHelp_Fraud 0]

First, she's not illegal. She needs to file ROC now but she's not illegal. She is in breach but that doesn't invalidate her GC.

If she becomes illegal (doesn't ROC and her card expires) then no it won't affect you sponsoring someone else except that it might look like you brought someone over here for immigration reasons (given your relationship didn't last long once she was here). So if you want to petition someone else I suggest you wait a while.

Your biggest concern is her using means-tested benefits and the government coming after you to pay it back.

Thank Vanessa&Tony, this is good info. If she goes back to india would that "help" me? Meaning that it won't look like i brought someone over for immigration? which i didn't.

[NeedHelp_Fraud 0]

So the immigration lawyer said that if i get married in India again and try to immigrate some one, I would have to prove that my previous marriage was not for fraud!

If i ask her to go back home to India (she may/may not, but worth a try) will it help me if i marry again in India?

Also we just filed for divorce, do i need (should i) contact USCIS or ICE?

Edited April 11, 2012 by NeedHelp_Fraud

[Darnell 8,478]

I am just worried that if she doesn't care for ROC and just lives in the states illegally will it look bad on me?

Not from an immigration standpoint.

If you guys have joint accounts, for banking, credit cards, or even utilities in both of yer names,

and

YOU do not yank yer name off of these things,

then is possible she can run up 'joint debt' in both names over the next 6 months, and hurt your credit rating .

Just saying..

[VanessaTony 3,567]

Thank Vanessa&Tony, this is good info. If she goes back to india would that "help" me? Meaning that it won't look like i brought someone over for immigration? which i didn't.

Not really no. It might look less like you married her for immigration reasons, but more like you weren't really in love and are using the visas as "try out" visas... 'causing them to wonder if you REALLY love the new person you petition. Again it depends on how long between this one and the next one.