Conditions of I-864 with conditional status w/k1 visa?

[zinger143 3]

I am sure someone has asked this question, but I am a little overwhelmed and just want to make sure I understand everything. I did a K1 and K2 visa, we got married, and the next step is the AOS paperwork. While doing all this I found out he has lied about several things that are very alarming, and now I am waiting to file until the 90 days are almost up before I make a decision to file the AOS paperwork. My biggest concern obviously is the I-864. I understand the conditions in which it is lifted, and have read the court cases where people have been brought to court to maintain their spouse and dependents at the 125% level.

Here is my question, if I am reading it correctly, they are only able to sue me for that money once they have the conditional status removed from their card. Then it takes two years before the next step and the conditional status is removed. If we were to get divorced before those two years and I don’t proceed with the paperwork from that point on, what would happen with the I-864 and my obligation to maintain them at 125% poverty level? Also, would he be able to continue the process and stay in the US or would he have to go home? Last question, if he were to sign over guardianship could I keep my step-daughter in the US and just he return to his country? If we didn’t have two kids involved this would be a much easier decision, but with kids involved it has become messy and while I would like to believe the promises of reform I also don’t want to sign something could lead to my financial doom if he decides to take advantage of it and try to screw me. So any clarification would help so I can make informed decisions, thank you!

[Cathi 5,609]

are you the petitioner or the beneficiary?

[Penguin_ie 5,984]

This is assuming you are the female USC petitioner...

The I-864 is valid until the beneficiary becomes a USC, has worked for 10 years straight, or goes home.

They would not be required to go home if you divorce.

There have been court cases both ways (in terms of the poverty level); in most cases, you are NOT required to maintain them at 125% poverty level,but do need to pay the government back for any means tested benefits they claim.

I am not sure on just the kids staying and not the father; my understanding is if there is no K1 AOS (Adjustment of Status), there can be no K2 AOS. However, having married before the 18th birthday, you are now their step mom, and can probably file a I-130 for them.

[belinda63 2,981]

The I-864 goes into affect the day the green card is issued. After that there is no way to cancel it. It will only stop being in affect when the conditions are met as penguin stated. So if he walks out on you at any time or you thrown him out unless you can manage to withdraw the I-864 PRIOR to the green card being issued you are on the hook for a long time.

Once his conditional card is approved he is a US Resident. If the two of you split up he can file for the 10 year green card with a divorce waiver. All he has to prove is that he entered the marriage in good faith.

Might I suggest that if you have doubts you wait to file the AOS. The only obligation you have under the K-1 is to marry within 90 days. True he and the child will be out of status once the I-94 expires but better to wait and be sure than to file and be on the hook for a long, long time.

[zinger143 3]

Thank you very much. Someone told me that if you divorce in that two window period when the green card is conditional then when they renew it themselves with the divorce waiver you're not liable for spousal support at the 125%. I agree I don't want to be on the hook for a long time If things go south so I'm not filing the aos until the 90 days are almost up. You can't adjust status after those 90 correct?

[novedsac 355]

Thank you very much. Someone told me that if you divorce in that two window period when the green card is conditional then when they renew it themselves with the divorce waiver you're not liable for spousal support at the 125%. I agree I don't want to be on the hook for a long time If things go south so I'm not filing the aos until the 90 days are almost up. You can't adjust status after those 90 correct?

First, you can adjust (AOS) at any time as long as you married within the 90 day window. (you can still adjust even if you didn't marry within the 90 day window but it involves a bit more paperwork). There are stories on here of people submitting AOS months and years after the 90 day window was long passed.

Second, no, the I864 is valid when the conditional greed card is issued and it's validity does not change when the conditions to the green card are removed. Indeed, if the conditions are not removed and the spouse remains in the country illegally, the I864 still remains valid.

Third, spousal support and your obligation under the I864 are different things. A judge may very well order temporary or permanent spousal support in the context of a divorce considering many things. I've seen where the I864 is proffered up as a 'promise' for support by an immigrant's attorney in a divorce proceeding, but I suspect it is only one of several things, perhaps more important things, that come into play when a judge considers any type of spousal support. A short duration of marriage, an at-fault divorce, his earning income, etc. can work in your favor. Also, from a family court persective you have no obligation to support your step-child.

Edited April 16, 2015 by novedsac