He has his 10yr greencard am I still on the hook?

[Nikaote 0]

Hi All,

I've been lurking for quite some time and have been very enlightened on this whole immigration process because of your information here on the forums. Now I find myself needing a bit of help myself as I'm not quite sure what my options are at this point (if any).

Quick backstory...

My husband and I have been married for a short 2yrs. He came over on a K1 Visa in 2011. Because of financial issues (I was the only one working and bringing in any sort of income) we were not able to file AOS until earlier this year. There were issues off and on and a few red flags but I took my marriage seriously and overlooked those things and continued to push through. I know marriage especially to a foreigner isn't easy so I kept going. I thought he was in it for the long haul as well. We'd discussed me quitting my job in corporate america to pursue my passion--a career as a therapist-- (since I was not able to do that while the paperwork was being processed). When he finally received his EAD and Green card (July & September respectively), he gave me the green light to go ahead and pursue that passion. He had one job and said he'd get another to make ends meet while my income as a therapist would provide our "extra income". Needless to say I quit my job at the end of September. He'd received a 10yr greencard a week or two before I quit. We did not have to have an interview or anything. At the time we viewed it as a blessing but now, well...

Anyway, he'd taken up smoking weed and lost his second job. We argued (which had become the norm) and I explained what he was doing was illegal. He refused to listen. After an argument last week, he took many of his belongings and left. We have not spoken or seen each other since. Other family members have spoken to him and he said he's not coming back (to be honest, with everything that I've been through with him, I don't want him back). I'm trying not to believe I was a means to an end, but of course those thoughts come into play in a situation such as this (he stuck through everything until he got his greencard). I just want to file for divorce and be free of him. With that, I don't want to be on the hook for the Affidavit of Support....mostly because I don't trust what he's out there doing given that he doesn't have regard for staying on the legal side of things.

Do I have any options here from untying myself and making a clean break so to speak?

(FYI...I'm actually looking for a job now and have to once again put my passion on the back burner. I added that for those who were interested )

[Tim/Mav 305]

In short.. You are Locked in. But not totally. It is rare for you to provide US assistance in which you maybe required to pay back.

Let him go. Live your life and move on.

Don't lose no sleep over this and change your phone #.

You Go Girl!

[aleful 1,905]

hi

I'm sorry for what you are going through, but the answer Is no. not until he becomes a USC. Read the instructions on the i864. just because you divorce doesn't mean you're off the hook if he gets means tested government benefits and the government decides that he should repay them and goes after you. But as said, it doesn't happen too often

you are still responsible for him, unless he becomes a USC, dies, works 40 credits or returns to his country abandoning his GC

Edited November 30, 2013 by aleful

[Dave&Roza 748]

Hi All,

I've been lurking for quite some time and have been very enlightened on this whole immigration process because of your information here on the forums. Now I find myself needing a bit of help myself as I'm not quite sure what my options are at this point (if any).

Quick backstory...

My husband and I have been married for a short 2yrs. He came over on a K1 Visa in 2011. Because of financial issues (I was the only one working and bringing in any sort of income) we were not able to file AOS until earlier this year. There were issues off and on and a few red flags but I took my marriage seriously and overlooked those things and continued to push through. I know marriage especially to a foreigner isn't easy so I kept going. I thought he was in it for the long haul as well. We'd discussed me quitting my job in corporate america to pursue my passion--a career as a therapist-- (since I was not able to do that while the paperwork was being processed). When he finally received his EAD and Green card (July & September respectively), he gave me the green light to go ahead and pursue that passion. He had one job and said he'd get another to make ends meet while my income as a therapist would provide our "extra income". Needless to say I quit my job at the end of September. He'd received a 10yr greencard a week or two before I quit. We did not have to have an interview or anything. At the time we viewed it as a blessing but now, well...

Anyway, he'd taken up smoking weed and lost his second job. We argued (which had become the norm) and I explained what he was doing was illegal. He refused to listen. After an argument last week, he took many of his belongings and left. We have not spoken or seen each other since. Other family members have spoken to him and he said he's not coming back (to be honest, with everything that I've been through with him, I don't want him back). I'm trying not to believe I was a means to an end, but of course those thoughts come into play in a situation such as this (he stuck through everything until he got his greencard). I just want to file for divorce and be free of him. With that, I don't want to be on the hook for the Affidavit of Support....mostly because I don't trust what he's out there doing given that he doesn't have regard for staying on the legal side of things.

Do I have any options here from untying myself and making a clean break so to speak?

(FYI...I'm actually looking for a job now and have to once again put my passion on the back burner. I added that for those who were interested )

Please read what you signed and understand what you are "on the hook" for. Should your spouse apply and receive means tested benefits from the US government, then you will be responsible to replay that money until:

1) He leaves the US and abandons his LPR status

2) He works for a total of 10 qualifying quarters (minimum of 10 years, but can be longer depending on his work history)

3) He becomes a US citizen--that is now 5 years from becoming a LPR should you two decide to divorce

4) You die

5) He dies.

Divorce does not end your obligation only one of the 5 items above does.

Time to move on and worry about your life and not worry about him. If he continues he will be getting 3 squares courtesy of the correctional system of the state he lives in (unless he moves to Washington or Colorado where smoking that kind of weed is not legal).

Good luck,

Dave

[Nikaote 0]

Thank you for your empathy and your answers. I will say in one way I'm happy to see he won't be eligible for citizenship for 5 years from getting his actual greencard by my calculation that's 2018). He'd gotten some obvious misinformation and threw that in my face. I told him he needed to research that for himself since I was through with helping him on that end.

[Darnell 8,478]

it's 40 qualifying quarters, or 10 years..

Nikaote - if he's arrested, it's possible he'd be put on immigration/ICE hold, as well.

Depending on the arrest and subsequent trial results, he could be deported as a result. I mention that, if it helps you to do some other digging on his whereabouts and purchasing patterns.

[Nikaote 0]

Thank you Darnell! That's VERY helpful. I will keep it in mind if I choose to still be "bothered".

[Brian1967## 119]

Yes, can your ex sue you in court for support...yes (there are tons of cases for proof)

can she sue me in federal court even if she loses in state court...yes (google Rooker Feldman doctrine)

Are these cases common.............NO they are not

OP you signed a contract with the federal government, your on the hook till the terms are met, that is it, reread the I864

hey do not worry this would be worst case and this cases are very rare in court and the last case I have read bout was Winters V Winters out of the federal court in Florida (www.justia.com) the federal court stated that the case should be determined on the state level, which in truth is where this belongs, and the federal government will not sue you if they want their money back, they will just send you a bill. But I have never heard of this.

[NikLR 13,226]

Thank you for your empathy and your answers. I will say in one way I'm happy to see he won't be eligible for citizenship for 5 years from getting his actual greencard by my calculation that's 2018). He'd gotten some obvious misinformation and threw that in my face. I told him he needed to research that for himself since I was through with helping him on that end.

Actually he can apply for citizenship. He cannot apply in 3 years (needs to be married to the USC for 3 years after obtaining LPR status) but he can apply in the regular 5.

You probably want him to do this as it removes your obligation completely