moe_2006

yes sorry, I became a resident through a different route and maybe I am confused.

She married her husband in the US on a fiance visa, then adjusted her status after they married and got her 2 yr conditional residency. Now her marriage is a shambles. She should file to change her adjustment from conditional two year residency to 10 year residency after two years from when they married, which will be in Oct 2007.

She is trying to decide what to do, she is miserable with her husband, there is no battering etc, so she can't file on grounds of abuse, she loves her husband but she is constantly finding all sorts of things out about him that she can't live with, don't want to go into detail because it is her private affair, just trying to help her find out her legal standing.

Her main dilemma is this: if she starts divorce proceedings now, will she be able to continue with her life here after the divorce when it comes to her filing alone for removal of conditions? or should she suck it up and hope that he will file a joint with her in a year or so from now? I have advised her to see an immigration lawyer, because I don't think she can rely on him to file with her in a year from now the way things are going, he could turn around and say he won't file, but if she was divorced by then she could file alone. She has loads of proof that she entered into the marriage in good faith. For example, she came into the marriage with a lot of money and they have bought a house together and she has set up a savings account with her own money in joint names. she has all the usual of emails, cards, photos, joint property, vacatins taken together, mutual friends, joint bills for utilities etc.

She is asking me, should she get divorced now and hope they will accept her filing alone, or should she stick it out for a year, living a marriage of constant arguing and hope he will file with her when the time comes. I know she can't live like that, but she really entered into the marriage for love, and she has built a life here that she doesn't want to lose.

Just bumping this up because I have a friend who is in a similar position.

Surely someone out there must have been through this? We can't find any posts by people who have actually filed for AOS after a divorce. Maybe they just don't post after because they don't need to, or maybe it is very difficult to prove bona fide marriage grounds for waiving the joint filing for AOS, and therefore there are no posts from people who have been successful?

The USC is responsible for his/her family.... that is why you have to prove you have enough income 125% above poverty line.... the immigrant can not claim benefits.... if the new child support order has been made against you, did you provide the court with full income information and who you were responcible for supporting??? if you did and a amount has been ordered then you have to pay....

but I am having to guess here because you have given so little information...

Maybe you should speak to a lawyer... where you can give the full information and get full advice....

Kezzie

No the court order hasn't been made yet, and my husband's kids lived with us until recently. They have gone to live with their bio mum recently due to me being ill and unable to look after them at the moment, my husband works long hours. My own two kids are older and they still live with us.

My husband and I are wondering if the court will take into account the cost of him supporting me and my two kids when they calculate child support to be paid to the bio mum. I hate that he has to support us completely, but I didn't know I would get sick when we immigrated here, I expected to be working and paying my way by now.

We want to support his kids, we love them and miss them very much, we just want to be able to afford to live as well! If they make him pay the standard amount as though he is single with no kids living with him it will cripple us, I would probably have to go back to the UK with my kids and leave him here, but as far as I can tell, the cost of supporting a second wife and stepkids (ie. my kids from my former marriage) are not recognised by the court deciding child support unless we can prove the my hubby is legal obliged to support us. That is why I am asking about the I-864, my husband is hoping that it might be possible to show he has to support me and the kids, he is going to look into seeing a lawyer, but he asked me to see if anyone on visa journey might have gone through anthing like this and have any knowledge.

I think the only way is to see a specialit lawyer, and I fully expect the answer to be no. It is just a long shot.

The USC is responsible for his/her family.... that is why you have to prove you have enough income 125% above poverty line.... the immigrant can not claim benefits.... if the new child support order has been made against you, did you provide the court with full income information and who you were responcible for supporting??? if you did and a amount has been ordered then you have to pay....

but I am having to guess here because you have given so little information...

Maybe you should speak to a lawyer... where you can give the full information and get full advice....

Kezzie

No the court order hasn't been made yet, and my husband's kids lived with us until recently. They have gone to live with their bio mum recently due to me being ill and unable to look after them at the moment, my husband works long hours. My own two kids are older and they still live with us.

My husband and I are wondering if the court will take into account the cost of him supporting me and my two kids when they calculate child support to be paid to the bio mum. I hate that he has to support us completely, but I didn't know I would get sick when we immigrated here, I expected to be working and paying my way by now.

If they make him pay the standard amount as though he is single with no kids living with him it will cripple us, I would have to go back to the UK with my kids and leave him here, but as far as I can tell, the cost of supporting a second wife and stepkids (ie. my kids from my former marriage) are not recognised by the court deciding child support unless we can prove the my hubby is legal obliged to support us. That is why I am asking about the I-864, my husband is hoping that it might be possible to show he has to support me and the kids, he is going to look into seeing a lawyer, but he asked me to see if anyone on visa journey might have gone through anthing like this and have any knowledge.

Wish my accent helped me! Seems to work against me here if anything. To the OP, I feel your pain! I am depressed about the work situation too and have just about given up hope of getting any employment that is even slightly close to what I was able to get in the UK. Guess that is the price we paid, but I think I was a bit naive and should now just knuckle down and get on with what I can get.

Thanks for the reply. So the affidavit of support is only concerned with the benefits system then. What happens when the immigrant isn't yet working, and they don't have enough to support their family on,(family meaning immigrated wife and kids living with USC) due to a new child support order? Can they then claim benefits?

Are there any stepmoms out there? I wonder if anyone knows if the I-864 Affidavit of Support, that requires the USC sponsor to financially support the immigrant and children, has any effect on child support orders for bio children of a former marriage? Can the USC apply for consideration be taken into account when calculating child support seeing as he has to support the people he sponsored to immigrate as well as his kids from the former marriage?