Jump to content
melissco

Cancelling Affidavit of Support?

22 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Canada
Timeline

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 by melissco
Changed some typos

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Wales
Timeline
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.


“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.”

Share this post


Link to post
Share on other sites
Country: China
Timeline

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 by RamonGomez

Share this post


Link to post
Share on other sites
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.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites
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.  


"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

Retired 20 year United States Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

 

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Wales
Timeline
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.


“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.”

Share this post


Link to post
Share on other sites
Filed: Other Timeline
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

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Scotland
Timeline

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.

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Morocco
Timeline
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

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Wales
Timeline

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


“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.”

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Ireland
Timeline

**** 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. *****


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...