Divorce after AOS

[Babygyrl233 2]

I don't remember how many years they give you after you Adjust your status after K-1. Maybe 10 year green card. either way my husband now decides he doesn't want to be in a marriage, which makes me think he has used me. there is no real reason of why he doesn't want to be married, but said he will be with me still. just not live together or be married. what kind of mess is that. one time we get in a dispute and the first person he calls is an immigration lawyer. what can I do now about his green card since I think he used me. I don't think it is right he stays in the country now, with a job and car etc. living a free life after all the paperwork, money and time I have spent in this relationship. anyone have any ideas???

[TBoneTX 43,489]

*** Thread moved from K-1 Process forum to the Effects of Major Changes forum, where similar issues have been discussed. ***

[Shauneg 762]

Nothing you can do unless you can prove without a doubt 100% that there was fraud involved.

[IcezMan_IcezLady 582]

You can't do anything about his GC. It is up to immigration to decide on that. But schedule infopass appointment and see if you can withdraw your affidavit of support.

Good luck

[Maritah 77]

Divorce and move on. You can't do anything about his GC. Find legal advice and options about the affidavit of support.

Good luck.

M.

[Babygyrl233 2]

what would happen if I remove my affidavit of support. he has a job and stuff now

[Maritah 77]

When you sign the affidavit of support, you accept legal responsibility for financially supporting the sponsored immigrant(s) generally until they become U.S. citizens or can be credited with 40 quarters of work. Your obligation also ends if you or the individual sponsored dies or if the individual sponsored ceases to be a permanent resident and departs the United States.

Note: Divorce does NOT end the sponsorship obligation.

If the individual you sponsored receives any "means-tested public benefits," you are responsible for repaying the cost of those benefits to the agency that provided them. If you do not repay the debt, the agency can sue you in court to get the money owed. Any joint sponsors or household members whose income is used to meet the minimum income requirements are also legally responsible for financially supporting the sponsored immigrant.

Took it from this link: http://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support

That's the reason I gave you the advice about find a legal advice about your options in this matter.

Regards.

M.

Edited September 21, 2015 by M@rita

[kattaklizm 11]

Did he obtain 10 years green card? If yes, then you can't do anything to kick his out of the country. The best you can do is to find out about the options to revoke your affidavite of support.

[Cathi 5,624]

you cant pull the affidavit of support, there is nothing to do except divorce and move on.

[elmcitymaven 9,711]

you cant pull the affidavit of support, there is nothing to do except divorce and move on.

This. It's too late to do anything about the affidavit. As much as you may want to get back at him, unless you have strong evidence of fraud, there really is nothing you can do (and even if you did, it may not even be worth pursuing). Cut your losses, chalk it up to experience, put your big girl pants on and go and lead your beautiful life without him. Living well is the best revenge.

[Eric & Idalia 56]

If he came on a K1 visa, got married and adjusted status, (correct me if I am wrong) he got the conditional residence. He has to remove conditions 90 days before his green card expires. If he separates/divorces just after getting the conditional residence, that is going to be suspicious when removing conditions.

You can't do anything about him being in the country. Let him deal with his immigration journey by himself.

About the I-864, I don't know what a lawyer can do. You can consult one, but in the form says divorce does not stop the obligations.

Edited September 22, 2015 by Eric & Idalia

[katie123 7]

If he has his permanent green card 10years, there is nothing you can do about it,however if he just has the conditional GC, you can decide not to remove the conditions (He needs you to remove tfe conditions on his GC) and write USCIS to withdraw your petition and state your reasons. My friend did the same thing and her ex was deported.

[Ebunoluwa 6,136]

I don't remember how many years they give you after you Adjust your status after K-1. Maybe 10 year green card. either way my husband now decides he doesn't want to be in a marriage, which makes me think he has used me. there is no real reason of why he doesn't want to be married, but said he will be with me still. just not live together or be married. what kind of mess is that. one time we get in a dispute and the first person he calls is an immigration lawyer. what can I do now about his green card since I think he used me. I don't think it is right he stays in the country now, with a job and car etc. living a free life after all the paperwork, money and time I have spent in this relationship. anyone have any ideas???

That's not up to you to decide. If he has his GC then there is nothing you can do and it's too late to withdraw your affidavit of support.

Take accountability for choosing him as your spouse, divorce and move on.

No one held a gun to your head and made you spend the money and do the paperwork, you willingly chose to do it.

You don't mention factual evidence that he used you and sometimes marriages just do fall apart.

Speculating and assuming that he used you isn't enough.

You can't send people back like a UPS package if it doesn't work out.

[Ebunoluwa 6,136]

If he has his permanent green card 10years, there is nothing you can do about it,however if he just has the conditional GC, you can decide not to remove the conditions (He needs you to remove tfe conditions on his GC) and write USCIS to withdraw your petition and state your reasons. My friend did the same thing and her ex was deported.

Wrong. He can divorce and remove conditions on his own.

[Ebunoluwa 6,136]

what would happen if I remove my affidavit of support. he has a job and stuff now

You can't. He has a green card, it is too late to withdraw anything, his application was approved and is no longer pending.

His job and "stuff" keeps going as it is.