Husband doesn't want to sign affidavit of support

[mt89 0]

Because our marriage isn't working great and he thinks that most likely we will divorce, he doesn't want to sign I-864 because it says that he will have to support me until I become the US citizen.

What are my options?

Would he have to support me anyway or only if I made less than the poverty level?  thank you

[JFH 12,190]

You are out of options, I'm afraid. If your husband won't sign, there's nothing you can do other than go home. You cannot adjust status by any other means as a K-1 holder. The K-1 visa is granted to fiances of USCs to enable them to come here and marry and stay. If the marriage isn't working out already, there's no need for you to be here anymore, in the eyes of immigration officials. 

[aleful 1,905]

hi

 

why do you worry, if he files for a divorce you won't have a petition anyway. so unless you can make things work,  and he signs the affidavit, there is nothing you can do and the i864 won't matter if you don't have a petition

 

 

[mt89 0]

Ok, and if he signs and we divorce after I get documents? In which cases he will have to support me?

[aleful 1,905]

hi

 

the process will take months and he can withdraw the i864 at any time before the interview, and if he files for divorce, it's over

 

the i864 is in case you get means tested benefits from the government which they might want to be reimbursed

[mt89 0]

benefits like what, medicaid and food stamps?

So he will only have to support me only if I became of public charge?

[mt89 0]

2 minutes ago, aleful said:

 

 

the process will take months and he can withdraw the i864 at any time before the interview, and if he files for divorce, it's over

 

 

Yeah, I know.

I meant if he doesn't and I get GC without issues.

It's not like we're going to divorce tomorrow, we're just on the rough road now and not sure if it will work out eventually.

 

[bakphx1 789]

You asked if he would have to support you only if you made less than the poverty level...made me wonder.

 

Is there a question as to whether he'll sign it if you are self-supporting?  Nothing really says he has to support you, in terms of you being able to support yourself.  It just means in any issue of you not being able to meet your needs, you would have to turn to him, not any government benefit for assistance.

[JFH 12,190]

18 minutes ago, mt89 said:

Ok, and if he signs and we divorce after I get documents? In which cases he will have to support me?

The I-864 is nothing to do with supporting you. It's between him and the government and a promise from him that if you should take certain public assistance that the government can get the money back from him. He doesn't have to support you at all. If you do get your GC then you will be eligible to work and that's how you are expected to support yourself. The I-864 is not there so that we immigrant spouses can sit by the pool all day while our USC spouses go to work and support us. 

[mt89 0]

3 minutes ago, JFH said:

The I-864 is nothing to do with supporting you. It's between him and the government and a promise from him that if you should take certain public assistance that the government can get the money back from him. He doesn't have to support you at all. If you do get your GC then you will be eligible to work and that's how you are expected to support yourself. The I-864 is not there so that we immigrant spouses can sit by the pool all day while our USC spouses go to work and support us. 

 Thank you, that's what I wanted to hear.

I actually really want to work already because I been sitting here at home for a year now and well, didn;t enjoy it.

[Boiler 45,693]

Sounds like you need to suck up until you get your GC.

[mt89 0]

Maybe. If you are trying to imply that I only married for the GC, that's not the case.

I actually want to make it work but he says that he wasn't ready for marriage (he thought he was before we got married)

I just think that me having some kind of own life, job, friends will help us.

It's a long story, anyway

Edited October 17, 2017 by mt89

[geowrian 22,337]

15 hours ago, mt89 said:

Ok, and if he signs and we divorce after I get documents? In which cases he will have to support me?

He will be on the hook via the I-864 until you become a USC, lose LPR status and leave, die, or earn 40 quarters of work.

 

15 hours ago, mt89 said:

benefits like what, medicaid and food stamps?

So he will only have to support me only if I became of public charge?

Those are some means-tested benefits, yes. If you use any of those, then he may be required to reimburse the US government.

 

In some circumstances, if your income is below the 125% income level, you could sue him directly for support. So it's not only limited to a public charge concern. This is a path not well traveled, but some have been successful in suing for support via the I-864 contract.

Edited October 17, 2017 by geowrian

[Our Journey 73]

If the marriage dont work out, just pack ur baggage and go home...

[Zzyzx 106]

3 hours ago, geowrian said:

He will be on the hook via the I-864 until you become a USC, lose LPR status and leave, die, or earn 40 quarters of work.

 

Those are some means-tested benefits, yes. If you use any of those, then he may be required to reimburse the US government.

 

In some circumstances, if your income is below the 125% income level, you could sue him directly for support. So it's not only limited to a public charge concern. This is a path not well traveled, but some have been successful in suing for support via the I-864 contract.

Then you have to ask yourself,  is it really worth all the trouble, added stress and heartache?  Plus the negative karma that will come back your way.  

 

@mt89  It sounds like you are in a catch-22.  You can't work without a green card and your Husband won't sign the documents for you to get one.  IMO you aren't going to have an easy life here by any means.  Your best bet would probably be to go back to your home country, regroup and move forward with your life.  I wish you all the luck in whatever decision you make.