Getting divorce and I don't know what to do

[IcezMan_IcezLady 582]

There is no I-864, OP does not have a green card. Lacking status, OP can not get TANF or WIC.

The reality is that OP and her son have no path to stay here. She can go home. The divorce can happen in the US or abroad.

Clarify this for me.

SO the I-864 presented to the consulate during interview is not enforceable?

[monicagc 4]

Thank you all for taking your time!!! Yes we filed affidavit of support and AOS but no green card yet. I will look into TANF WIC and food bank

No having a car it makes my situation harder cause I can't even go to an attorney to seek for help so I really appreciate your info thank you all

[aaron2020 11,651]

Clarify this for me.

SO the I-864 presented to the consulate during interview is not enforceable?

What I-864 at what consulate interview?

OP does not have a green card. Therefore, there is no I-864 that is enforceable.

OP arrived on a K-1. The I-134 is not enforceable. There is no I-864 for a K-1.

Edited December 29, 2015 by aaron2020

[aaron2020 11,651]

Thank you all for taking your time!!! Yes we filed affidavit of support and AOS but no green card yet. I will look into TANF WIC and food bank

No having a car it makes my situation harder cause I can't even go to an attorney to seek for help so I really appreciate your info thank you all

You need a green card to qualify for TANF and WIC. Your current status does not allow you to receive either benefits.

Although the Affidavit of Support has been submitted, it is only enforceable until after you get a green card.

[Unidentified 2,930]

Clarify this for me.

SO the I-864 presented to the consulate during interview is not enforceable?

For K1 you fill in I-134, Affidavit of Support. It's not the same as the I-864.

[IcezMan_IcezLady 582]

What I-864 at what consulate interview?

OP does not have a green card. Therefore, there is no I-864 that is enforceable.

OP arrived on a K-1. The I-134 is not enforceable. There is no I-864 for a K-1.

Got it...Thanks for clarifying that..

This sucks for OP...

[IcezMan_IcezLady 582]

Thank you all for taking your time!!! Yes we filed affidavit of support and AOS but no green card yet. I will look into TANF WIC and food bank

No having a car it makes my situation harder cause I can't even go to an attorney to seek for help so I really appreciate your info thank you all

Use the internet to your advantage. Getting an attorney is not cheap. If i remember you said you don't have food for you and your son but you can afford an attorney?

Save the little money you have for your ticket back home. You can deal with the divorce from there or you could let him deal with it.

Unless you are trying to get something out of this.

[Russ&Caro 1,548]

You need a green card to qualify for TANF and WIC. Your current status does not allow you to receive either benefits.

Although the Affidavit of Support has been submitted, it is only enforceable until after you get a green card.

This advice should always be qualified. There are states, or at least one state that I know of, that don't check for legal residency when signing people up for TANF and WIC. Strange, but true.

[Meant2B 8]

He can't just throw you out sicne you are his wife. So don't let him bully you. When you came they didn't tell you that you don't have to endure abuse from the person bringing you here? You need to document and show proof of the abusive treatment.

[PhilLuv 43]

The one downside of migrating for newcomers. The pressure to settle and 'threats' from 'scums' like OP's husband. Hopefully you make a reasonable decision that would best suit you and son in the long run.

[Ontarkie 13,981]

OP ask him to buy your tickets to go back home and leave.

[Ban Hammer 12,901]

2 posts removed for non constructive posts along with 1 quoting
one member thread banned.

please post constructively, do not make veiled insults towards the op.

[monicagc 4]

Yes we have a prenup I don't get anything from him except plane ticketsand I agreed to that so I am not looking for money because my relationship was truthful and my feelings for him were real but I don't want to be threatened that I won't have food for me and my son or to be kicked out of his house because I have been faithful to him since day one

I don't deserve to be treated like garbage

I understand people ask me to just leave but it's gonna take me few days to prepare myself and my son

I just came here to this forum because he threatened me and I just wanted to know if he could the things he said he would do before I leave that's all

[Unidentified 2,930]

Yes we have a prenup I don't get anything from him except plane ticketsand I agreed to that so I am not looking for money because my relationship was truthful and my feelings for him were real but I don't want to be threatened that I won't have food for me and my son or to be kicked out of his house because I have been faithful to him since day one

I don't deserve to be treated like garbage

I understand people ask me to just leave but it's gonna take me few days to prepare myself and my son

I just came here to this forum because he threatened me and I just wanted to know if he could the things he said he would do before I leave that's all

I'm not 100% if this applies in Florida (would be strange if it was different though) but as you two are married he can't throw you out of your home. Even if you're name is not on the house/apartment you're married and he can't kick you out as it's now your home too. You don't have to leave until you're divorced. I completely understand that it will take a few days for you and your son to leave.

Is there a shelter you can go to if you and your son does not feel safe with him?

[Russ&Caro 1,548]

Yes we have a prenup I don't get anything from him except plane ticketsand I agreed to that so I am not looking for money because my relationship was truthful and my feelings for him were real but I don't want to be threatened that I won't have food for me and my son or to be kicked out of his house because I have been faithful to him since day one

I don't deserve to be treated like garbage

I understand people ask me to just leave but it's gonna take me few days to prepare myself and my son

I just came here to this forum because he threatened me and I just wanted to know if he could the things he said he would do before I leave that's al

You probably want to see an American divorce attorney before you return to your country. See if you can get a free initial consultation. Definitely show the attorney the pre-nuptial agreement. Get an opinion if the pre-nup has any holes in it. Also, any wealth he accumulated since you've been married to him might be part of any divorce settlement. Don't assume you get nothing.