File I-751 on myself after divorce an abusive spouse

[Forever-and 0]

I have conditional two year Green Card based on marriage to my american citizen ex-husband. one day I found out my ex-husband was deeply involved in child pornography and he then attacked me. I then I called the police. He was charged with six felonies, and I got Personal Protection Order through the court.

He filed divorce and we went to mediation.

As a result of the divorce, he wants me to sign a waiver to promise that I will never sue him for money and never bring a case based on the Affidavit of Support, this will be a promise between us to waive my right based on the Affidavit of Support. He will only pay the huge legal fee on my side if I sign this. And I can't afford the huge legal fee. The divorce is final, and the only argument now is this release.

My question is, since I will apply removing the condition by filing I-751, if I sign this waiver contract with him, will that prevent me from getting the 10 year Green Card? Will that waiver signed between us terminate the Affidavit of Support, will that end the sponsor ship for my 10 year Green Card? Will the immigration Officer not give me the 10-year card because we personal waive my right to have him financially support me?

I want to know if I can sign this before filing the I-751.

I need help ASAP since going to court this week, I appreciate people give me advise.

[amykathleen2005 441]

The contract is between him and the US government, not you and him.

[BigDaddy28 228]

I have conditional two year Green Card based on marriage to my american citizen ex-husband. one day I found out my ex-husband was deeply involved in child pornography and he then attacked me. I then I called the police. He was charged with six felonies, and I got Personal Protection Order through the court.

He filed divorce and we went to mediation.

As a result of the divorce, he wants me to sign a waiver to promise that I will never sue him for money and never bring a case based on the Affidavit of Support, this will be a promise between us to waive my right based on the Affidavit of Support. He will only pay the huge legal fee on my side if I sign this. And I can't afford the huge legal fee. The divorce is final, and the only argument now is this release.

My question is, since I will apply removing the condition by filing I-751, if I sign this waiver contract with him, will that prevent me from getting the 10 year Green Card? Will that waiver signed between us terminate the Affidavit of Support, will that end the sponsor ship for my 10 year Green Card? Will the immigration Officer not give me the 10-year card because we personal waive my right to have him financially support me?

I want to know if I can sign this before filing the I-751.

I need help ASAP since going to court this week, I appreciate people give me advise.

To be honest with you, don't sign the contract and go and ask an immigration lawyer. I know the affidavit is between him and the government but don't know if the waiver is going to affect you. ASK A LAWYER

[Forever-and 0]

To be honest with you, don't sign the contract and go and ask an immigration lawyer. I know the affidavit is between him and the government but don't know if the waiver is going to affect you. ASK A LAWYER

I am not planing on suing money from him anyways, so I don't mind signing that. Just wondering what impact would cost on I-751 when I apply removal? Can anybody please help?

[StellaB 0]

Consider how it will effect your case. If he sends the document you sign to immigration it could make it look like you had planned to get divorced all along and this was part of the plan. I wouldn't sign it personally.

[BigDaddy28 228]

I am not planing on suing money from him anyways, so I don't mind signing that. Just wondering what impact would cost on I-751 when I apply removal? Can anybody please help?

With that paper he can jeoperdize your green card and your life in the US. That's why I said go for a lawyer, it's not because you will sue him but because of what he could be able to do with it. Some lawyers offer free 1st session you can ask him and get everything cleared. If you had a lawyer before ask him. make phone calls to different lawyers and see who will help, don't give your info and sign a paper with a lawyer though. They will try to get you to represent you. Ask first. Honestly this is the first time I hear about a situation like this, that's why I don't have a good answer for you. I'm sorry for no being a good helper.

Besides with that affidavit, the government will hunt him down for any money it spent on you (food stamps or any type of governmental help except for school financial aid). I know on USCIS website the contract is void if you have been here 10 years in the US as a permanent resident, or if you became a US citizen. That's when the contract is not valid anymore. It doesn't say about being voided with any other type of causes.

Edited December 18, 2012 by silkafi88

[bigdog 377]

Get legal advice from your divorce and immigration lawyer's.

[MrsOO 7]

Dont sign anything period!! You dont owe him that! Donrt jeopardize your GC by doing that.

Get a lawyer and you can file ROC on your own, with police evidence and all.

You cant just terminate Affidavit of Support anyway, thats between him and the govt.

[VanessaTony 3,567]

As a result of the divorce, he wants me to sign a waiver to promise that I will never sue him for money and never bring a case based on the Affidavit of Support, this will be a promise between us to waive my right based on the Affidavit of Support. He will only pay the huge legal fee on my side if I sign this. And I can't afford the huge legal fee. The divorce is final, and the only argument now is this release.

My question is, since I will apply removing the condition by filing I-751, if I sign this waiver contract with him, will that prevent me from getting the 10 year Green Card? Will that waiver signed between us terminate the Affidavit of Support, will that end the sponsor ship for my 10 year Green Card? Will the immigration Officer not give me the 10-year card because we personal waive my right to have him financially support me?

I want to know if I can sign this before filing the I-751.

I need help ASAP since going to court this week, I appreciate people give me advise.

No signing this waiver won't affect your ROC, of course depending on the wording.

The thing is, he doesn't owe YOU anything. He only needs to pay back the government. But depending on the wording if he ever gets sued by the government for things you've used, he could try and bring that waiver as evidence that YOU agreed to pay back the government.

He can't withdraw the I-864. I would try and explain to him that you have no say over what the I-864 does, it's a form he signed to the US government. So you signing a waiver doesn't affect that. You could simply agree to him not paying any spousal support, ignore any wording about the I-864.

[amykathleen2005 441]

Regardless there is very little chance anyone would have to pay anything or get sued for back payment even if you did use benefits.

[Forever-and 0]

The release agreement he wants me to sign states that "by signing this, we end all litigation between us due to the divorce including the Affidavit of Support issue I -841. "

"This agreement ends all litigation in between us."

I think that does not hurt my I-751 waver? Since I have police report, personal protection order, his criminal sentencing, judge ordered him that he can not contact me , mediation agreement, divorce judgement, women's shelter letter, three therapists reports, one full psychologic assessment, and pre-nup before our marriage to prove the marriage was in good faith, our marital counseling records, joint account, and pictures and so on?

Will that be enough of evidences for Filing i- 751 waver?

[amykathleen2005 441]

The release agreement he wants me to sign states that "by signing this, we end all litigation between us due to the divorce including the Affidavit of Support issue I -841. "

"This agreement ends all litigation in between us."

I think that does not hurt my I-751 waver? Since I have police report, personal protection order, his criminal sentencing, judge ordered him that he can not contact me , mediation agreement, divorce judgement, women's shelter letter, three therapists reports, one full psychologic assessment, and pre-nup before our marriage to prove the marriage was in good faith, our marital counseling records, joint account, and pictures and so on?

Will that be enough of evidences for Filing i- 751 waver?

Wouldn't a pre nup give more of an impression that you were planning on getting divorced (not saying you did, I am just saying home it may appear).

[Villanelle 4,122]

I agree that you should bring it to an attorney to review it before you sign it, but from what you describe it sounds like-

You promise NOT to use the 'Affidavit of support'. What this means is basically in most states LPRs are barred from receiving public assistance for the first 5 years they are residents. After that they are eligible. The affidavit your husband signed requires him to pay back any assistance you receive until the affidavit expires (which is when you become a citizen or earn 40 credits of work with the SSA- which is usually after working 10 yrs full time) So its basically the 5-10 yr period after your GC was issued that you will be eligible to receive public assistance if your income is low enough that your ex-husband would be subject to repay if you collect. By signing this agreement with him, you would be agreeing NOT to apply for public benefits and for some reason if you do go down and apply for such benefits and he does receive a bill, you can be sure that he will take you to court and demand repayment and the court will agree that you signed that you wouldnt but since you did, you would have to repay him.

Signing an agreement promising not to use public benefits in the future wont affect your ROC. Its your choice if you want to do it or not. But you should be fully aware of what public benefits include and exclude. Were talking medicaid/foodstamps/housing/heating assistance/some college tuition programs anything thats 'means tested' etc. Are you planning on becoming a citizen in 5 years? If so then this really doesnt effect you, because again you are barred from receiving public assistance until youve been a LPR for 5 years. If youre not, then you might find yourself in a situation where in five years you may be struggling with low income and are unable to apply for government assistance because of this contract you signed with your ex promising not to.

So the bottom line is- He knows he cant revoke his 864. He knows hes 'on the hook' for it. This is his way to try to weasel out of it. It is legal what hes doing. It wont effect your ROC. It can be part of your divorce if you want it to be. If you agree to it, Your basically agreeing NOT to apply for public assistance while the affidavit is active.

Edited December 26, 2012 by capri

[VanessaTony 3,567]

I agree that you should bring it to an attorney to review it before you sign it, but from what you describe it sounds like-

You promise NOT to use the 'Affidavit of support'. What this means is basically in most states LPRs are barred from receiving public assistance for the first 5 years they are residents. After that they are eligible. The affidavit your husband signed requires him to pay back any assistance you receive until the affidavit expires (which is when you become a citizen or earn 40 credits of work with the SSA- which is usually after working 10 yrs full time) So its basically the 5-10 yr period after your GC was issued that you will be eligible to receive public assistance if your income is low enough that your ex-husband would be subject to repay if you collect. By signing this agreement with him, you would be agreeing NOT to apply for public benefits and for some reason if you do go down and apply for such benefits and he does receive a bill, you can be sure that he will take you to court and demand repayment and the court will agree that you signed that you wouldnt but since you did, you would have to repay him.

Signing an agreement promising not to use public benefits in the future wont affect your ROC. Its your choice if you want to do it or not. But you should be fully aware of what public benefits include and exclude. Were talking medicaid/foodstamps/housing/heating assistance/some college tuition programs anything thats 'means tested' etc. Are you planning on becoming a citizen in 5 years? If so then this really doesnt effect you, because again you are barred from receiving public assistance until youve been a LPR for 5 years. If youre not, then you might find yourself in a situation where in five years you may be struggling with low income and are unable to apply for government assistance because of this contract you signed with your ex promising not to.

So the bottom line is- He knows he cant revoke his 864. He knows hes 'on the hook' for it. This is his way to try to weasel out of it. It is legal what hes doing. It wont effect your ROC. It can be part of your divorce if you want it to be. If you agree to it, Your basically agreeing NOT to apply for public assistance while the affidavit is active.

And therein lies the issue with the wording. I believe the "Affidavit of Support issue" (outside of the form number being wrong) actually refers to the section about supporting her at 125% of the poverty level.

Some (though few) attorneys have argued that this means the signing party MUST give the immigrant money that amounts to 125% of the poverty guidelines. Others have argued as the immigrant didn't sign the form, they're not a party to the contract.

I wouldn't sign it worded as it is. Instead I would ask it be amended to be more clear that it is referring specifically to the support section, and not the whole I-864 itself.

[Forever-and 0]

Can anybody comment if my docs are enough for ROC? Will I need interview?

Thank you in advance.