K1-Possible Divorce

[nohappyending 0]

Hello.

I didn't have the courage to post this on my old username, and I never thought I would be posting anything like this on VJ. So here it goes…

My husband came here on a K1 earlier this year, and we got married (in CA). We started the AOS process, but he has yet to receive his GC. We have had some disagreements, and he is contemplating divorce. Although I think he is jumping the gun, I am giving him his space, if he would like to change his mind. Regardless, I want to know, what are the proper steps to take for him and myself, in the event that we do decided to get a divorce??

(I'm trying to be positive, but it's difficult.)

[TBoneTX 45,001]

A post has been removed for inappropriate lecturing of the OP, who is asking for steps to take.

[NigeriaorBust 4,087]

If you are fairly certain the marriage is doomed withdraw the I864 and the AOS will be denied. Once the green card is issued you are on the hook possibly for life. If you feel like working on the relationship be aware there is no termination of his status once the green card is issued.

[dwheels76 5,468]

Hello.

I didn't have the courage to post this on my old username, and I never thought I would be posting anything like this on VJ. So here it goes…

My husband came here on a K1 earlier this year, and we got married (in CA). We started the AOS process, but he has yet to receive his GC. We have had some disagreements, and he is contemplating divorce. Although I think he is jumping the gun, I am giving him his space, if he would like to change his mind. Regardless, I want to know, what are the proper steps to take for him and myself, in the event that we do decided to get a divorce??

(I'm trying to be positive, but it's difficult.)

Well I guess since you do want to wok things out and you feel he may just need a space in time it seems to let things just play out.

Let the immigration process continue let him get his green card. He wrks all that stuff. Hopefully you can sit and talk and work things out. Hopefully this is just a adjustment thing you know.

[nohappyending 0]

If you are fairly certain the marriage is doomed withdraw the I864 and the AOS will be denied. Once the green card is issued you are on the hook possibly for life. If you feel like working on the relationship be aware there is no termination of his status once the green card is issued.

Thank you. I'm not concerned that he is out to screw me over. I know he would not do that. We both entered this marriage in good faith. I was just wondering how things would possibly play out if we got divorced.

Well I guess since you do want to wok things out and you feel he may just need a space in time it seems to let things just play out.

Let the immigration process continue let him get his green card. He wrks all that stuff. Hopefully you can sit and talk and work things out. Hopefully this is just a adjustment thing you know.

Thank you. I am hoping that this is just a phase. It's been hard on both of us.

[Darnell 8,478]

There's marriage aspects, legal dissolution of marriage, that are STATE specific.

Then there's the immigration side of things, as well. Usually folk seek to withdraw the I-864 before the green card is issued, this puts full stop to the Adjustment of Status Process with USCIS.

[nohappyending 0]

There's marriage aspects, legal dissolution of marriage, that are STATE specific.

Then there's the immigration side of things, as well. Usually folk seek to withdraw the I-864 before the green card is issued, this puts full stop to the Adjustment of Status Process with USCIS.

Thank you!

[slowlyman 118]

As already mentioned. State divorce law and federal imigration law are completley seperate issues. If you decide to proceed, and later get divorced, you wil be subject to the terms of your pre-nup, or failing that the terms of your agreed settlement, failing that a contested judgement by the court. Consult with a divorce attorney for specic laws in you state.

On the federal side. Divorce does not remove your commitment under the affidavit of support. He can file in federal court for support up to 125% of poverty. Aprox. 19,000 / year. He has no obligation to seek employment. He can rely entirely on you for support. Additionally if he receives any means based state benefits. The state can come after you for reimbursement.

Once the green card is issued, he can adjust on his own. He is here to stay if he wishes. nothing you can do to effect that.

Edited December 3, 2014 by slowlyman

[Caryh 5,206]

As already mentioned. State divorce law and federal imigration law are completley seperate issues. If you decide to proceed, and later get divorced, you wil be subject to the terms of your pre-nup, or failing that the terms of your agreed settlement, failing that a contested judgement by the court. Consult with a divorce attorney for specic laws in you state.

On the federal side. Divorce does not remove your commitment under the affidavit of support. He can file in federal court for support up to 125% of poverty. Aprox. 19,000 / year. He has no obligation to seek employment. He can rely entirely on you for support. Additionally if he receives any means based state benefits. The state can come after you for reimbursement.

Once the green card is issued, he can adjust on his own. He is here to stay if he wishes. nothing you can do to effect that.

Actually the ability to earn an income does appear to come into play if you read some of the few cases where support has been granted based on the I-864.

[slowlyman 118]

I what way?

[Caryh 5,206]

I what way?

Just reading through the court records and judgments. One individual was claiming his wife could work as a defense. The judge ruled given her total lack of English speaking skills, and the need to raise the kids, he determined her ability to support herself was a long way away and awarded the full amount. This may have been in New York, I forget exactly. In a Florida case, pay from work was subtracted from the amount she was suing for. In another case the award was reduced because the immigrant quit a job. Now this is all still pretty new as far as court rulings, but given what has happened so far, purposely avoiding work in order to collect on the I-864 is not something the courts are going to let slide. Part of the issue is how the law is being interpreted by the different courts and if its being pushed to state court or federal court. In some jurisdictions, it is forced into federal court, in other's the federal courts are pushing it into state courts. Its a real mixed bag so far.

[slowlyman 118]

Gotcha. In the case law I researched, The 864 was upheld 100% of the time. But the amount of compensation varied from judge to judge.

Additionally, the attorneys I vetted were looking for a &10,000 retainer to get started. So, it can get very expensive just to defend yourself. In my case, my wife had found an attorney willing to take the case on spec. So no cost to her. He would take the fee out of what ever was awarded.

Another factor. Divorce court is limited in it's reach. i.e. only assets aquired during the marriage. In federal court, everything is up from grabs. Home, business, investements, etc.

It can be financially ruining to the USC.

Edited December 5, 2014 by slowlyman

[Caryh 5,206]

Gotcha. In the case law I researched, The 864 was upheld 100% of the time. But the amount of compensation varied from judge to judge.

Additionally, the attorneys I vetted were looking for a &10,000 retainer to get started. So, it can get very expensive just to defend yourself. In my case, my wife had found an attorney willing to take the case on spec. So no cost to her. He would take the fee out of what ever was awarded.

It can be financially ruining to the USC.

No doubt it can be, as any divorce case can be.

When my first wife and I divorced, she started asking from some pretty crazy stuff, alimony - she worked, and basically every asset we had, while I would keep every debt. Even wanted to keep the house, but I would pay the mortgage over and above everything else! I said well if you want to be like that, we can hire lawyers and let them eat up all the assets, I'm offering we split assets and debts 50/50 but not a penny more, which do you want? She wasn't stupid at least, she took the 50/50, I did all the paperwork and we didn't need to pay anything to lawyers.

[slowlyman 118]

That works well when both parties are paying for attorneys. There isn;t as much of an incentive to settle when her attorney fees are being paid by someone else. Which is what hapoened in my case.

[Merrytooth 5,748]

That works well when both parties are paying for attorneys. There isn;t as much of an incentive to settle when her attorney fees are being paid by someone else. Which is what hapoened in my case.

Did you file AOS for your wife and she has the green card before the divorce?