WantOut

Q - yes sorry that you are going through this. I myself am going through a divorce. Very hard and stressful. But good for you to take a stand. I hope you had those affidavit notarized. If not, then they might not mean anything. It will be interesting to find out how her interview goes. Merrytooth is right, cover your 6 because if she gets a good lawyer then anything can happen. Another thing you need to consider. Remember that little I-864 form you filled out. Well buddy you are still on the hook. Which could mean up to $20K +/- of support payments per year. Find a read a document named "Suing on the I-864 Affidavit of Support" by Greg McLawsen. Interesting ready for those who have gone through this.

Good luck and wish you the best.

I am trying to get a couple answers here without revealing too much information.

Can a USC find out if their spouse has filed for a I-751 waiver or I-360 documents? They are currently in the 90 window on when they need to file and I wanted to check. If USC can't just call and find out then can I make an Infopass appointment and try that way?

I may write more as to why later but I am sure some of you may know why I ask this.

NeedHelp, sorry to hear about your ordeal. I am in a similar situation but on the opposite side. You have a couple of issues to figure out.

1 - You mentioned you applied for your ROC in 2013. Did you receive it? If not then I would suggest you attempt to get it before the divorce. It will be a headache if you file for divorce before being granted your ROC.

2 - Travel - DO NOT leave the US until you have reviewed your situation with an immigration attorney.

3 - Speaking of immigration attorneys. I am assuming that you are meeting with a divorce lawyer next week. I would suggest you find a lawyer or an attorney's office that does have an immigration lawyer as well. They will need to know the legal implications of the I-864 Affidavit of Support and how to apply it. This the agreement that the USC has with you and the government to keep you above the 125% poverty level. This is just in case you cannot find a job that will support you and your kid.

4- Also if you need to find a place to live or need any other moral support then I you suggest you contact your local YWCA. Also contact any church groups or women's shelters in your area. Also it looks like your from Egypt. I would look for the local Egypt consulate to see if they will offer any suggestions or advise.

All I can say is wow....what a situation the OP is in.....what is worse is all the bad advise he has been given. OP - Listen to Postmaster and reread what he has written. You are in a legal mess that could end up costing you. Trust me, I have been there before. Before you do anything else you better start Googling lawyers in your area. I would suggest one works in both immigration and family law. Most will give you a half hour or an hour of fee consultation. Bring to them as much documentation as you can. This will cost you a little up front but will save you thousands down the road. While you haven't signed the I-864 yet, I am pretty sure you signed the I-134. While the I-134 doesn't have as much bite as the I-864 you could still be on the hook if she falls into the support of the government. The abuse thing is real so be careful. And abuse claims don't always have to be in the physical form. Fraud? Very tough to claim so tread lightly.

This forum and web site is a great place to get information but it is not always correct. I can't stress enough to seek the advice of a lawyer before you dig yourself deeper into the hole.

Good luck and safe journeys Sara.

Here is another contact:

Consulate General of the Kingdom of Morocco

San Marino, CA

626.570.0318

www.moroccanconsulate.com

_{Muslim Community Center}

_{www.mccsandiego.org}

_{Muslim Women in Action}

_{San Diego - 888-940-6942}

_{San Diego Rescue Mission}

_619-687-3720

_{http://www.womenshelters.org/det/san-diego-rescue-mission-inc}

_{Here are some additional websites}

Sara,

What is your nationality? I understand that you speak Arabic. San Diego is a large city which I am sure there are several outreach programs that you can call. Abuse is not a onetime thing. It will continue. You need to develop a support group of people you can trust. Everyone here at VJ will help you in any way possible. I will actually be in San Diego in about 10 days if you need anything. But for sure the best time to get out is now while he is in jail. If you can get out then the next best thing is a restraining order so he cannot come near you. This may seem like the hardest thing to do right now but you will be better off in the long run. You can ask the police if he has a criminal history or domestic violence or any other history of violence. Remember the police are there to help you as well and if you request assistance from them.

Belinda thanks....That is what I have been reading. It also states that she can sue. But you also stated above that it could take years and lots of $$$ of which the legal fees are on the person signing it at well. That is kind of a messed up situation. Unless the signee can claim fraud then they are screwed for 10 years. There is something wrong about that.

Rose's I know the feeling. I have another thread going in the section and that is one of the main reasons I am seeking a divorce. I know what you are going through. My wife has never initiated intimacy or affection. She spends almost her whole time at home in the bedroom on her ipad or laptop. Never has come out to watch a movie or TV on the couch without my request. Guys need to know they are wanted as well. Hey we all want to know that we are wanted and loved so hang in there and I know Mr. Right is hanging out around the corner for you.

I know alimony and the I-864 was seperate. Maybe I confused things by adding too much in the original post. I thought if she receives any sort of governement support then the government could come after me to collect it. Is that not true? Maybe I am making this more complicated then it seems. She has no finacial means to be hiring a lawyer or filing anything to a higher court. But she is smart enough to search out all her options. I am also unclear to the rest of the process for her removal of conditions.

So currently she is on the 2-year green card which is up March 2014. Is this were the removal of conditions takes place or is this the time she is applying for the 10-year green card or is it the same thing? Also is another I-864 submitted at this time? I understand she can petition the USIC on her own after the divorce but it can be difficult. The only things in our two names is a bank account we never use and the rental lease that I have the papers for. I don't care is she stays in the country if that is her wish but all I am trying to do is protect my future.

I was thinking of calling and/or writing the UCIS to request the removal of the I-864 and to notify them of the divorce but I have heard that it is pretty much useless. I am a very creative writer (eventhough it doesn't show hear) in which I could tell them why I am doing this. They then could determine if they think this case is fraud or not.

To make a long sad story short I (the USC) am going to seek divorce. My wife is here on a K1 with her child and things just aren't working out. I have read lots and lots of posts on here in regards to divorce before and after the ROC and 2 & 10 year green cards. One thing that I haven't seen addressed is how that little I-864 (affidavit of support) form comes into play. Our state (not the one I have shown in my profile) laws basically say that no support (alimony) will be given to spouses married under 2 years and rarely given in marriages lasting 3-5 years. But that good ol' I-864 states the USC is responsible for basically 10 years (40 quarters) to keep the petitioner above the 125% poverity line. That would be close to 20K a year in support with her and her kid. Does anyone know how to get out of the requirements of the I-864? Or has anyone or know of anyone that the government has sued a USC to get this support? She has a job that brings her above this level but I am looking at the what if's and she quits her job. That would be close to 2K a month in support. I know there are going to be haters out there that will tell me to step up to my responsiblities and I signed the form but I am just looking at the realities here. Even in US marriages that last 10 or more years, most spouses don't get 2k a month in support. Any thoughts? Ideas? My next step is to talk with an immigration attorny.