Cancelling Affidavit of Support?

[melissco 12]

My non-U.S. spouse of 3 years cheated on me as we await removal of conditions.  Things are tough and I've been seriously considering divorce.  Every day is a new challenge in dealing with this situation.  I do not want to be  potentially financially responsible for him over the next 12 years if we divorce and have no contact, as the signer of the Affidavit of Financial Support for him at the time of the original K-1 application docs.  He is employed full-time (where he met the new girlfriend and still works with her every day since my discovery of the affair last October). Will I be able to cancel the affidavit of support should we end up finalizing divorce?? 

Edited February 8, 2021 by melissco
Changed some typos

[Pinkrlion 2,607]

NO - Re read the requirements of I-864

[melissco 12]

I read it about 4 times so that's what I was afraid of - and still am.  

[Boiler 43,429]

1 minute ago, melissco said:

I read it about 4 times so that's what I was afraid of - and still am.  

Nowhere does it mention canceling it, divorce or otherwise.

[RamonGomez 259]

Basically him naturalizing, working 40 quarters in the US (10 years), or him abandoning his green card and leaving the US are the only options that'll get you off the hook.

 

As long as he's working, has an income above the federal poverty line, and is not using government benefits (like food stamps, medicaid), you should be in the clear.

Edited February 8, 2021 by RamonGomez

[payxibka 10,044]

1 minute ago, RamonGomez said:

Basically him naturalizing, working 40 quarters in the US (10 years), or him abandoning his green card and leaving the US are the only options that'll get you off the hook.

 

As long as he's working, has an income above the federal poverty line, and not using government benefits (like food stamps, medicaid), you should be in the clear.

Death gets you off the hook. 

[NikLR 13,220]

2 hours ago, melissco said:

I read it about 4 times so that's what I was afraid of - and still am.  

Well then you should know that divorce doesn't cancel your obligation.  I'm sorry you have to go through this.  Hopefully he naturalizes at the 5 year mark and you don't need to worry about him using public benefits.

[Lemonslice 4,553]

2 hours ago, melissco said:

My non-U.S. spouse of 3 years cheated on me as we await removal of conditions.  Things are tough and I've been seriously considering divorce.  Every day is a new challenge in dealing with this situation.  I do not want to be  potentially financially responsible for him over the next 12 years if we divorce and have no contact, as the signer of the Affidavit of Financial Support for him at the time of the original K-1 application docs.  He is employed full-time (where he met the new girlfriend and still works with her every day since my discovery of the affair last October). Will I be able to cancel the affidavit of support should we end up finalizing divorce?? 

Has he shown that he was a hard worker in the last years?  If so, your risk is limited. Focus on getting divorce and living your best life.

[Crazy Cat 39,218]

13 hours ago, melissco said:

My non-U.S. spouse of 3 years cheated on me as we await removal of conditions.  Things are tough and I've been seriously considering divorce.  Every day is a new challenge in dealing with this situation.  I do not want to be  potentially financially responsible for him over the next 12 years if we divorce and have no contact, as the signer of the Affidavit of Financial Support for him at the time of the original K-1 application docs.  He is employed full-time (where he met the new girlfriend and still works with her every day since my discovery of the affair last October). Will I be able to cancel the affidavit of support should we end up finalizing divorce?? 

I agree with those are saying that it might be best for you if he attains citizenship as soon as possible.  

[Boiler 43,429]

44 minutes ago, NikLR said:

depends on the state.  No fault states don't care that he cheated.  Nevada is a no fault state. 

And Alimony etc of course if applicable works both ways.

[Demise 1,094]

18 hours ago, melissco said:

My non-U.S. spouse of 3 years cheated on me as we await removal of conditions.  Things are tough and I've been seriously considering divorce.  Every day is a new challenge in dealing with this situation.  I do not want to be  potentially financially responsible for him over the next 12 years if we divorce and have no contact, as the signer of the Affidavit of Financial Support for him at the time of the original K-1 application docs.  He is employed full-time (where he met the new girlfriend and still works with her every day since my discovery of the affair last October). Will I be able to cancel the affidavit of support should we end up finalizing divorce?? 

No, you can't cancel or withdraw an affidavit of support after a visa was already issued or AOS was already granted. You remain on the hook until one of the following happens:

1. He naturalizes

2. He completes 40 quarters of work as defined by the Social Security Act

3. He loses his permanent residency AND leaves the US

4. He loses his permanent residency but manages to re-adjust under a different petition

5. He dies

6. You die

[laylalex 7,247]

Going back to topic from politics....

 

OP, I'm so sorry you're hurting like this right now. As others have pointed out, divorce doesn't end your obligation. If your husband is working, that's only going to make it less likely that the I-864 could be enforced against you in the future. Steady work = no benefits. Steady work also = the government will go after him first if he fraudulently got the benefits, and he will have assets they can reach.

 

What you CAN do is protect yourself and your assets right now. Consult with a divorce attorney -- family law is not DIY like filling in USCIS forms. The potential to mess things up with lasting effects is higher. If you can work collaboratively with your husband on a divorce, it will be more affordable in the end and take less time. Encourage him to seek citizenship when he is eligible to terminate the I-864. If you can't work collaboratively, let your attorney do the fighting for you (good for your sanity!). 

 

And most importantly: take care of yourself. Reach out to your support network when you need it -- you'd be surprised at how many people want to be there for you. Understand that this isn't your fault, and that the love you had for your husband wasn't real or fake or useless just because he chose to cheat on you. This is really tough stuff, but you can get through it to live the kind of life you deserve to lead -- big and full of happiness. There are many of us in the Divorce Club who can tell you membership really is pretty great.   All the best to you.

[JeanneAdil 6,191]

8 hours ago, NikLR said:

depends on the state.  No fault states don't care that he cheated.  Nevada is a no fault state. 

yeah,  that is true but any judge being told that a USC spent a ton of money and the immigrant used him/ her for a visa  , is going to listen and then decide on the decision for alimony and whatever the state allows

[Boiler 43,429]

Has he admitted to using the OP to get a visa?

[Penguin_ie 5,985]

**** Many posts removed for using bad language, being off topic political, or quoting same.  This is the upper/ immigration forum, not a place to debate politics or the current administration.   Answer the op politely and constructively, or do not post. *****