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First off, if this is the wrong place, I'm sorry!  

 

I am a green card holder.  I came to the US on a CR-1 visa and my husband and I have been married almost 8 years.  We are divorcing and agree on most of the division of assets, but he is refusing support.  I go to school 30 hours a week and working part time. Some months I'm lucky to bring home $400 because I'm a manicurist and my work is commission based.  Clearly I cannot support myself.  I know he is legally obligated to support me at 125% of the poverty line until I've worked 40 quarters or become a citizen. My question is, how can I go about enforcing this?  One divorce lawyer I talked to said it has nothing to do with the divorce and that I would have to address that separately?  Any help would be appreciated.  Thanks. 

Our Visa Journey:

06/18/2010 - Submitted I-130 pkg and cheque - Denied, missing information
07/07/2010 - Re-submitted pkg - Denied, same information incorrect or missing - pulling our hair out!
08/30/2010 - Re-submitted pkg AGAIN! this time tried a new answer on two questions.
09/03/2010 - received pkg
09/08/2010 - NOA-1 sent
09/13/2010 - Touched
12/13/2010 - NOA-2 Issued.
12/19/2010 - NOA-2 Hard Copy Received!
01/04/2011 - Received AOS Bill
02/01/2011 - Paid AOS Bill
02/23/2011 - Received IV Bill
03/29/2011 - Paid IV Bill
03/30/2011 - Mailed IV Packet
04/01/2011 - Mailed AoS Packet
04/21/2011 - RFE
04/29/2011 - Evidence Mailed in
05/06/2011 - Case Complete!
05/13/2011 - Received Email with Interview Date!
06/27/2011 - Interview! - APPROVED!!!
07/08/2011 - Visa in hand.
07/12/2011 - POE Niagara Falls, NY Rainbow Bridge. Less than 30 minutes!

Our RoC Journey:

06/21/2013 - Mailed in RoC package

06/24/2013 - Package arrived at VSC

06/25/2013 - NOA was sent out

07/31/2013 - Biometrics Appointment

08/19/2013 - Notice of Transfer to CSC

08/26/2013 - Touched. (probably when it was received by CSC I would assume)

10/02/2013 - RoC Approved

10/07/2013 - Received Approval Notice

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Filed: Citizen (apr) Country: Taiwan
Timeline

If I am not mistaken, his agreement to support you is between him and the government.  He is not obligated to support you at 125% of the poverty level...but of course I am not an expert....

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

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______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: K-1 Visa Country:
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What exactly are you asking about here? Because I see two options. If your concern is due to your immigration status for removal of conditions, you can just get divorced, file for a divorce waiver and find someone else to fill your affidavit of support if you can’t show proof of income. Now, if you are not talking about immigration status, and you’re just talking about how you’re gonna live because you don’t make enough and you are seeking alimony from this divorce then that’s something that you and your husband have to agree with (with or without lawyers, depending on how amicable your divorce is). I don’t really know the law on that aspect, so you’re better off consulting with your lawyer, but one thing has nothing to do with the other though, if you’re talking about the latter case. Your immigration status has nothing to do with if your husband will provide alimony to you or not. Immigration wise he was only responsible to financially supporting you when you are together. He can withdraw his immigration connection to you any time he pleases, but he can’t kick you out in case you were wondering, I’m only referring financially. I hope what I just said makes sense. 

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Your first recourse for maintenance would be in divorce court. Suing for support under the I-864 is possible in some circumstances, but difficult. Alimony/maintenance after 8 years is likely going to put you over the 125% level anyway.

 

51 minutes ago, Shawna and James said:

I know he is legally obligated to support me at 125% of the poverty line until I've worked 40 quarters or become a citizen

Not exactly. The exact wording is "Has worked, or can receive credit for, 40 quarters of coverage under the Social Security Act". Note that in some circumstances, you can claim his quarters of coverage. The specifics on this can get complicated, though.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: Citizen (apr) Country: Australia
Timeline
43 minutes ago, Shawna and James said:

I know he is legally obligated to support me at 125% of the poverty line until I've worked 40 quarters or become a citizen.

The 40 quarters can also include your spouse's quarters worked since you were married. See I-864 instructions, p. 12:

https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

Quote

How Long Does My Obligation as a Sponsor Continue?
Your obligation to support the immigrants you are sponsoring in this affidavit of support will continue until the sponsored immigrant becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work in the United States.
Although 40 qualifying quarters of work (credits) generally equates to 10 years of work, in certain cases the work of a spouse or parent adds qualifying quarters.  The Social Security Administration can provide information on how to count qualifying quarters (credits) of work.
The obligation also ends if you or the sponsored immigrant dies or if the sponsored immigrant ceases to be a lawful permanent resident.  Divorce does not end the sponsorship obligation.

So the obligation may be fulfilled in less than ten years.

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Exactly.

 

Some more info on this: http://content.dcf.ks.gov/EES/KEESM/Appendix/A-8_GUIDANCE_ON_40_QUALIFYING_QUARTERS10-99.pdf

"Q: In trying to determine whether or not the members of an applicant household have sufficient quarters, should the number of years and quarters reported for each person be added and can the same quarters be credited for all noncitizens? For example, a husband and wife and two minor children, all of whom are immigrants, apply for benefits. They have all been living together in the U.S. for 5 years. The husband and wife each worked 20 quarters.

A: Each spouse can claim the quarters worked by the other spouse and the children can claim the quarters worked by their parents. In the example given, each of the 4 people would have 40 quarters"

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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39 minutes ago, missileman said:

If I am not mistaken, his agreement to support you is between him and the government.  He is not obligated to support you at 125% of the poverty level...but of course I am not an expert....

I though it was only if she uses government's means-tested benefits too, but here is what I found from a law group's page: https://wilsonlg.com/blog/divorce-does-it-terminate-affidavits-support

Spoiler

Aug 2011 - Arrived on F1 visa

09/06/2015 Started exchanging messages

10/13/2015 We met in person

07/01/2017 We got engaged!

10/31/2017 We got married!

11/08/2017 AOS Package (I-130, I-485, I-765, I-131) sent via USPS - Chicago Lockbox

                      (Priority Mail - USPS autocorrected zipcode to 60680-4187)

11/12/2017 Package delivered (Delayed due to USPS mistakenly took it to 60624 and Veteran's Day) 

11/13/2017 Received Date (Priority Date)

11/21/2017 Received 4 e-mails & 4 text notifications (01:30 AM EST); checks cashed

11/28/2017 Received 4 NOA1 hard copies

12/09/2017 Received Biometrics Appointment Letter (for i-485 and i-765)

12/21/2017 Biometrics Appointment

01/08/2018 **I-765 and I-131 Approved** (61 days)

01/16/2018 %%Received combo card%% (tracking shows USCIS sent it on Jan 11 from MO, then Jan 15 USPS closed for MLK day) 

01/20/2018 Received approval letters for EAD and AP

09/20/2018 Received text 'Interview was scheduled' and interview notice will be mailed

09/27/2018 Received Interview notice by mail

10/25/2018 Interview day

10/26/2018 I-485 case status updated to "We ordered your new card"

10/29/2018 Case Status updated to "We approved your Form I-485"

10/31/2018 Case Status updated to "We mailed your new card"

11/01/2018 My card was picked up by the USPS with tracking number assigned

11/05/2018 Green Card Received 

 

Side note: I turned my maiden name into second middle name. In the combo card, my given name is First Firstmiddleinitial, however on the back of the card, they attempted to list my second middle name. 

 

My application package:

Interview Experience:

 

 

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Filed: K-1 Visa Country: Wales
Timeline

Well the OP does not have a timeline but quite possible the I 864 has been met.

 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Denmark
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4 hours ago, Boiler said:

Well the OP does not have a timeline but quite possible the I 864 has been met.

 

 

They do have a signature indicating that they POEed for a CR1 in July of 2011.

3/2/18  E-filed N-400 under 5 year rule

3/26/18 Biometrics

7/2019-12/2019 (Yes, 16- 21 months) Estimated time to interview MSP office.

 

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Filed: K-1 Visa Country: Wales
Timeline
1 minute ago, N-o-l-a said:

 

They do have a signature indicating that they POEed for a CR1 in July of 2011.

Sorry, 6 1/2 years here so say 28 quarters, for some reason I thought you had to be married for 10 years but now I think about it this was for SS benefit.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Denmark
Timeline
6 minutes ago, deepfineleg said:

 If you are concern about ROC on your greencard, you can file on your merit.

 

OP removed conditions on their greencard over 4 years ago, I don't think this will be a concern.

 

I agree about taking less classes.  Many years ago I had a professor had sat me down and had a straight talk with me about this and I've held to the advice since.  He said there is no shame in taking one class at a time if you need to work to fund your studies, better to do that than not be able to keep up with your workload or go into tremendous amounts of debt for it.  

3/2/18  E-filed N-400 under 5 year rule

3/26/18 Biometrics

7/2019-12/2019 (Yes, 16- 21 months) Estimated time to interview MSP office.

 

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Filed: AOS (apr) Country: Morocco
Timeline

He doesn't have to support you per se as in subsidizing your cost of living, but if you manage to draw any welfare or govt assistance before naturalization, then he is on the hook to pay the state those monies back.

Edited by sparkles_

**Adjusting from initial Q1/changed to B1 then overstay, termination of removal proceedings**

(STAND ALONE i-130/TERMINATION OF REMOVAL)

First met: Totally random by asking for directions, June 2014 while on vacation at Disney World (L)

Engaged: Aug. 21, 2014

Married: Dec. 1, 2014

ICE phone contact: sometime in early Dec. 2014- Co-operated, retained attorney who advised the same.

Filed stand alone i-130: January 2015 (VSC)

ICE home visit, schedule time to go to DHS office and NTA issued, date TBD, was not detained and released on own recognizance within an hour: January, 2015.

NOA1: Feb. 20, 2015.

Transfer to CSC to balance workloads: August 2015

1)First Master Calendar Hearing: Sept. 9, 2015-Continued based on pending i-130, new court date in 6mo.

Congressional Inquiry: Dec 8. 2015

***i-130 APPROVED WITHOUT INTERVIEW: Dec. 21, 2015** :dancing:

2)Second Master Hearing: March 9, 2016- Removal proceedings terminated w/o prejudice based on approved i-130!! Remanded to USCIS to begin AOS process :dance:

(AOS AFTER TERMINATION)

Filed AOS packet: March 16, 2016.

NOA1: March 21, 2016.

Biometrics: April 20, 2016.

RFE Initial evidence: April 21, 2016 for birth cert/translation and Q1/B1 i94s

RFE response received: May 10, 2016.

EAD approval: May 25, 2016- Card arrived at attorney's office! Could not pick up until May 30 because we were at Disney World again :):D

Notice of missing medical exam: July 2016 (Done on purpose to avoid expiration, we will bring it to the interview as stated in notice)

Inquiry about case status: Sept 2016- Case pending interview at local office.

Inquiry about case status again: Oct. 2016- Due to factors not related to your case, anticipate a delay in processing

HAPPY 2YR ANNIVERSARY TO US!!

Infopass #1 at local office: Dec. 19, 2016- Case pending background/security checks, advised when to renew EAD #2

Waiting on interview at local office...... :clock:

Sent EAD renewal: Feb 10, 2016

EAD#2 NOA1: March 3, 2016

INTERVIEW SCHEDULED!!: interview on March 27, 2017

Text notification, new card being produced: March 29, 2017!!!

*~*~*~*818 DAYS TOTAL*~*~*~

"A smooth sea never made a skilled sailor."

 
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Filed: K-1 Visa Country: Wales
Timeline
1 minute ago, sparkles_ said:

He doesn't have to support you per se, but if you manage to draw any welfare or govt assistance before naturalization, then he is on the hook to pay the state those monies back.

Seems to be a very rare situation however in this case it also seem the I 864 has passed.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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