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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.

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Filed: K-1 Visa Country: Wales
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Do you not have a job?

 

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


“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: L-1 Visa Country: Scotland
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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. 

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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. 

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Filed: L-1 Visa Country: Scotland
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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.

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Filed: K-1 Visa Country: Wales
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You have the right to initiate divorce proceedings, you do not have to wait or rely on your wife to do so.


“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: AOS (apr) Country: Canada
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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. 


i 485, 130, EAD and AP

04/09/2019    NOA1 received/check cashed i 485 and 131

04/19/2019    Rec'd appointment letter for biometrics

05/02/2019    Biometrics

05/15/2019    Submitted initial request for EAD expedite 5/22 faxed info

06/05/2019    EAD APPROVAL!!!!!!!!!!  06/06/2019    AP Approval

06/13/2019    Combo Card Received in Mail

06/19/2019    Social Security Card received in mail

10/07/2019     Received interview date letter for 11/7/19

11/07/2019     AOS Interview-Norfolk

11/10/2019     APPROVED (notification rec'd 11/10, approval dated 11/8)

11/14/2019     Case status update that card is in mail ❤️ received 11/16

DONE FOR TWO YEARS!!! ;)

 

Filed everything ourselves from K1, then married, withdrew k1, decided to adjust directly and filed I-130 and AOS ourselves with no RFE's or delays.

 

 

CR1 for Child under 21 (20 at time of filing)- Filed by LPR Spouse for his son

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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. 

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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

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Filed: K-1 Visa Country: Wales
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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.


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


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

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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 

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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

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Filed: Citizen (apr) Country: Canada
Timeline
51 minutes ago, Haithem said:

May i know what this about? thanks

I moved your thread to a more appropriate forum.


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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