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Old Nov 15th 2009, 12:16 am
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Default Divorce/affidavit of support

Hi everyone. I think most of my questions have been answered on here but I would really appreciate some clarification. I’ve just arrived in Miami from the UK after waiting 5 long, patient years for my Green Card. My wife is a LPR and sponsored me. I arrived full of hope and excitement but a day after getting here my wife reveals another man has been living with her for 4 months and wants us to divorce ASAP to marry this guy. I had no idea and am completely devastated. If it weren’t for the fact our 7-year-old daughter lives here I would be back in England by now. As it is I need to try and make a life here so I can see my daughter grow up.

To add to the misery I have to live in the same apartment as my wife and her new man until I get a job, regular income and my own place, and that could be months – talk about a daily torture. I have read the articles and posts on the affidavit of support and how it can be hopefully enforced – that is some comfort, but in practical terms, if my wife (or her new man) throws me out on the streets, what benefits can I claim?
Will I be at risk of losing my Green Card if I do? Where can I live? When I get a job I can look after myself but until then I’m at the mercy of my deceitful wife – it’s obviously not healthy for me to stay living with them but do I really have any options?

And without a job yet or savings, where can I get affordable advice about the divorce? I’m still in a state of shock and have no idea where to turn. The only person I knew and trusted in America was my wife and now can’t bear to look at her. It was going to be hard enough before to make a new life here, now, well..... Thank you in advance for any suggestions.

Last edited by meauxna; Nov 15th 2009 at 5:38 am. Reason: add some para breaks
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Old Nov 15th 2009, 2:15 am
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Default Re: Divorce/affidavit of support

Originally Posted by Nicktn1
Hi everyone. I think most of my questions have been answered on here but I would really appreciate some clarification. I’ve just arrived in Miami from the UK after waiting 5 long, patient years for my Green Card. My wife is a LPR and sponsored me. I arrived full of hope and excitement but a day after getting here my wife reveals another man has been living with her for 4 months and wants us to divorce ASAP to marry this guy. I had no idea and am completely devastated. If it weren’t for the fact our 7-year-old daughter lives here I would be back in England by now. As it is I need to try and make a life here so I can see my daughter grow up. To add to the misery I have to live in the same apartment as my wife and her new man until I get a job, regular income and my own place, and that could be months – talk about a daily torture. I have read the articles and posts on the affidavit of support and how it can be hopefully enforced – that is some comfort, but in practical terms, if my wife (or her new man) throws me out on the streets, what benefits can I claim? Will I be at risk of losing my Green Card if I do? Where can I live? When I get a job I can look after myself but until then I’m at the mercy of my deceitful wife – it’s obviously not healthy for me to stay living with them but do I really have any options? And without a job yet or savings, where can I get affordable advice about the divorce? I’m still in a state of shock and have no idea where to turn. The only person I knew and trusted in America was my wife and now can’t bear to look at her. It was going to be hard enough before to make a new life here, now, well..... Thank you in advance for any suggestions.
For god sake ..give up the idea of staying here ....with nothing ....

Go home and regroup ...leave her to get the divorce
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Old Nov 15th 2009, 5:43 am
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Default Re: Divorce/affidavit of support

Originally Posted by Ray
For god sake ..give up the idea of staying here ....with nothing ....

Go home and regroup ...leave her to get the divorce
I agree with Ray, that's a ridiculous situation.

You are a Permanent Resident of the US; you must now create your home in the US to maintain that status.
However, that doesn't mean you are a prisoner here; many PRs have business at home to tie up and can't completely relocate when their visa comes.
You can return to the UK and prepare yourself better for the move. IE: save up some money.

Because your daughter is here, I imagine it's important for you to have access to the US--the PR status is the way to go, so you'll want to work hard to keep it.

The Affidavit of Support question is difficult. In a nutshell, you can sue your wife for the 125% of poverty guideline money. This is rare (it's a pretty low sum of $$) and you'll need help to do it.

You are not eligible for 'benefits' in the context you are probably thinking of. There's no financial assistance available to you for housing, unemployment or medical.

Last edited by meauxna; Nov 15th 2009 at 5:50 am. Reason: stupid typo
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Old Nov 15th 2009, 5:47 am
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Default Re: Divorce/affidavit of support

Originally Posted by Nicktn1
... if my wife (or her new man) throws me out on the streets, what benefits can I claim?
None.


Will I be at risk of losing my Green Card if I do?
If you do... what? Do you have a 10-year card? If so, you can remain in the US and work.


Where can I live?
You can live wherever you want.


When I get a job I can look after myself but until then I’m at the mercy of my deceitful wife...
No, you're not. If you are, it's because you've chosen to. If you have a green card... why not return home for a while... work, save up a bit of money, and return? Ideal? No... but more practical than what's going on right now.


... it’s obviously not healthy for me to stay living with them but do I really have any options?
Yes. Stop thinking and acting like a victim - do something proactive. For one thing, if your wife filed an I-864, then she is *still* bound by it... and divorce does not release her from that obligation.


And without a job yet or savings, where can I get affordable advice about the divorce?
Catholic charities.


Thank you in advance for any suggestions.
I'm sure some of what I've said sounds harsh, but I'm not as emotionally tied to your situation as you are.

Ian
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Old Nov 15th 2009, 5:50 am
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Default Re: Divorce/affidavit of support

Originally Posted by meauxna
You are not a Permanent Resident of the US...
I think you mean... "you are now a..." Otherwise it completely changes what you've said.

Ian
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Old Nov 15th 2009, 6:01 am
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Default Re: Divorce/affidavit of support

Originally Posted by ian-mstm
I think you mean... "you are now a..." Otherwise it completely changes what you've said.

Ian
Yes, I was thinking two parallel thoughts & caught it on re-read. But thanks for covering me!
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Old Nov 15th 2009, 6:23 am
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Default Re: Divorce/affidavit of support

Ok, thanks everyone for your comments. After waiting 5 years I will do my best to keep my LPR for the sake of my daughter but the whole point of being married and being sponsored by my wife was for us to be a partnership once I arrived and to work together to make a life here - without her help & support it will be so difficult. I realise I sound like a whinging Brit but if I had plenty of money, and friends or family here it would be so much easier to cope. As it is I'm still in a state of shock & feel betrayed. UK here I come for a few months then.....
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Old Nov 15th 2009, 6:28 am
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Default Re: Divorce/affidavit of support

Of course it's awful, and I'm sorry I didn't say so first.. what a personal betrayal, and after such an investment of time for the family.

As ever, I say 'look out for yourself' but perhaps there is a way to mend your family still. Don't just throw away everything if there's a possibility that this is a er, temporary insanity on her part.

There are some things you should do before you leave. You may want to study up on the topic of 'abandonment' of your PR status and start a relationship with a lawyer (doesn't have to be as expensive as you might think).

If you're going to get a divorce, there may be implications to who files it and where that you'd want to check out for protecting YOUR immigration status.
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Old Nov 15th 2009, 7:19 am
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Default Re: Divorce/affidavit of support

There's an old Klingon proverb - revenge is a dish that is best served cold. (Khan - STII:TWOK). At some point in the near future, it may be possible, as part of your divorce proceedings, to name your wife's "amour du jour" as a co-respondent in the divorce action... and report the same to his employer! I mean... why screw with just one person when you can screw with two?

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Old Nov 15th 2009, 7:39 am
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Default Re: Divorce/affidavit of support

Really?? Fascinating...(raise eyebrow)

I'm starting to feel better already.....
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