Petioner obligations

[Haithem 0]

Hi all

I had an issue with my spouse the US Citizen and she asked me to leave the house and to remove my name from appartment lease. And she forced me to remove my name by not paying the rent while i was not in the property for a while. Could you tell me what should i do? 

What i know is that the sponsor should provide support to the spouse but let does not. I have a 2 years green card and now she said she will apply for divorse. Please let me know your advise.

 

Thank you.

[Boiler 45,670]

Do you not have a job?

 

Sounds like a Divorce issue and you need a Divorce Lawyer. 

[laylalex 7,293]

I'm sure that other people will chime in here but my understanding is that the support obligations are usually not enforceable in a divorce, but they have been occasionally.

 

This seems like a divorce, get a job or a better job, and move on. You might be able to get some spousal support through the divorce but for short marriages that's usually not on the plate unless there is a prenuptial agreement in place. Don't count on the I-864 being enforced -- take control of your own life. Talk to a family law attorney and explore your options.

 

Best of luck to you. 

[Haithem 0]

17 minutes ago, laylalex said:

I'm sure that other people will chime in here but my understanding is that the support obligations are usually not enforceable in a divorce, but they have been occasionally.

 

This seems like a divorce, get a job or a better job, and move on. You might be able to get some spousal support through the divorce but for short marriages that's usually not on the plate unless there is a prenuptial agreement in place. Don't count on the I-864 being enforced -- take control of your own life. Talk to a family law attorney and explore your options.

 

Best of luck to you. 

I have rented a place recently and i have job. But i wanted to know what are my rights because my spouse asked me to leave the appartment. She said she will apply divorse but she did not. It seems to me like she is delaying the divorse. 

[laylalex 7,293]

Just now, Haithem said:

I have rented a place recently and i have job. But i wanted to know what are my rights because my spouse asked me to leave the appartment. She said she will apply divorse but she did not. It seems to me like she is delaying the divorse. 

If you think it's right to divorce (and if my spouse asked me to leave, I would probably think it was either time to divorce or seek marriage counselling if my spouse agreed), you can start the process yourself. You have rights to stay in the family home but if you have taken yourself off the lease willingly you might have some difficulties. I am not a lawyer so you probably need to get some professional advice here from a family law attorney. These aren't immigration issues now. I really do wish you the best of luck. I've gone through a divorce before and it really, really hurts, even when it's the absolute best thing to do for yourself. Trust me that it really does get better when you start moving on from a bad situation.

[Boiler 45,670]

You have the right to initiate divorce proceedings, you do not have to wait or rely on your wife to do so.

[debbiedoo 2,339]

This is a divorce issue not an affidavit of support issue.

 

The 864 is meant for the petitioner to REPAY THE GOVERNMENT any public means used, not pay for your rent and support you financially. 

 

They are also rarely enforced, at least historically. 

[Haithem 0]

On 3/24/2020 at 12:04 AM, laylalex said:

If you think it's right to divorce (and if my spouse asked me to leave, I would probably think it was either time to divorce or seek marriage counselling if my spouse agreed), you can start the process yourself. You have rights to stay in the family home but if you have taken yourself off the lease willingly you might have some difficulties. I am not a lawyer so you probably need to get some professional advice here from a family law attorney. These aren't immigration issues now. I really do wish you the best of luck. I've gone through a divorce before and it really, really hurts, even when it's the absolute best thing to do for yourself. Trust me that it really does get better when you start moving on from a bad situation.

my wife said that she will apply for divorce once she has enough money for lawyer or maybe she will file bankruptcy so she don't need to pay but i told her you don't need that money when you initiate the divorce i will approve for you. I want to ask do i need to have divorce paper at the time i apply to remove condition to me green card? what if she didn't apply divorce by that time? what are my options?

thank you. 

[Haithem 0]

On 3/24/2020 at 12:33 AM, Boiler said:

You have the right to initiate divorce proceedings, you do not have to wait or rely on your wife to do so.

do i need to have divorce by the time i apply to remove condition to my green card? what if the divorce not complete by that time? i read that if she sign the petition with me then uscis will ask for divorce decree since we are separate? thanks

[Boiler 45,670]

You can file for divorce, you do not need to wait upon her.

 

You can file to remove conditions on the basis of Divorce but they will need the Divorce to be completed before it can be adjudicated.

[Ontarkie 14,280]

~~Moved to Effects of Major Family Changes, form ROC - as similar threads are discussed here.~~

[Haithem 0]

3 minutes ago, Boiler said:

You can file for divorce, you do not need to wait upon her.

 

You can file to remove conditions on the basis of Divorce but they will need the Divorce to be completed before it can be adjudicated.

thank you. so i have to get divorce ready the time i submit to remove condition. if i apply divorce i worry that uscis will treat the case that i am the faulty 

[Haithem 0]

1 hour ago, Ontarkie said:

~~Moved to Effects of Major Family Changes, form ROC - as similar threads are discussed here.~~

May i know what this about? thanks

[Ontarkie 14,280]

51 minutes ago, Haithem said:

May i know what this about? thanks

I moved your thread to a more appropriate forum.