Rete

I realize that you are very emotional at this point in your life and all with good reason. However, your post is confusing.

I am assuming you are here with a PR status based on marriage to a USC. Yet you talk about using up your financial assets waiting for a work visa.

If you received your PR status based on marriage to a USC, then it was spelled out what you need to do to remain in the US. At this point, you are here legally, cannot be deported without good cause, have the right to work, etc.

If your wife is claiming that you entered the marriage for purposes of a green card only, then while you are still residing in HER home, gather together all the documentation you can lay your hands on legally to show that you entered this marriage for what is considered the "right" reasons and any documentation that shows your marriage was commingled financially, socially and emotionally. This will all be used as claims to a good faith marriage which you can use as a basis for removal of conditions.

While I appreciate that you still love your wife, you need to distance yourself from her for the moment, think of yourself only, get on your feet and move the heck out of her house. Find a job, an apartment and then and only then start the fight to reclaim her as your wife if that is what you want to do.

Be proactive and protect yourself financially from her, your ability to remain in the US as a PR after divorce and your ability to be a self-sufficient individual.

BTW when you do seek divorce, remember one thing, she signed an affidavit of support and a good divorce attorney can file for alimony on your benefit to the tune of 125% of the poverty guidelines for a single family.

lostlove

Wow..that was a vitriolic comeback, you made me one celebrated superficial bigot, having no good quality other than passive aggression. . My botanical example indicating increase is taken wrongly.

I never meant to defame you with that sentence. I wanted to convey that divorces are on the increase, I am divorced too, within my first 2 years after getting my conditional green card.

Good you fired that incompetent fellow. www.ailia.org is a good start.

Good luck.

hugeness

From my research, the irony here is actually more acute.. my wife, in her anger has tried to put me on the street, even though i have been saving madly to get out.. yet she has signed a sponsorship form where she has pledged to give me room and board indefinitely (i think the legal status of this alters at some point) but the actual sponsorship has implications for her keeping me from using Social Services of all kinds for about 10 years... ie if she puts me on the street, she will be legally responsible for housing me.. although if this happened i dont think immigration would look too favourably on my application to remain!

Ray

Just remember to file the AR11 when you move

jeffreyhy

Such behavior happens often enough to not be unusual, even if not the norm.

No, that's not what she's pledged. She's pledged to:
1 Repay any government agency that gives you means-tested benefits that you're not entitled to, should the agency ask for reimbursement, and
2 assure that you have a minimum level of income should you be unable to obtain that level of income on your own and you ask her to make up the difference.

How you spend your income, including any that you obtain from her under the I-864, is up to you. You can spend it on room and board if you wish, or you can spend it on something else.

hugeness

she actually stated exactly that, i have it in her handwriting in front of me.. and signed off on it.

jeffreyhy

So you're not talking about the I-864 affidavit of support?

Is the document that you have an enforceable contract, a valid pre-nup maybe, or just a scrap of paper?

Regards, JEff

ian-mstm

Put on the brakes, son... this is *not* what she has pledged to do. She has signed a contract with the US government to repay any indebtedness *IF* you receive any government *means tested* benefits.


It's meaningless. She can claim, at any point, that this was a coerced statement made under duress and that you forced her to write and sign it. Even if that wasn't what happened, it could *appear* to have happened that way. Note: this is another of those "protect yourself financially" thingies - and sadly, yes, we have seen this happen.

Ian

meauxna

Your first post says she ran out, leaving you in the marital home. That's usually better for you.
What ever she is trying to do now, as part of a divorce, means you need to protect YOURself with a divorce lawyer. It is your home as much as hers.

Regarding the rest of your post, you desperately need to educate yourself. Your imprecise terminology and incorrect facts could hurt you more at this point than anything she does.

She can not 'put you on the streets' or make you lose your job. Time to cowboy up and find out your rights.
Including what 'immigration' would look favorably upon or not.

If you can't afford a lawyer, find Catholic Charities or a similar immigrant services group.

lostlove

This thread is a smorgsboard of tasty treats, especially for those of you who relish confusion.

I think Rete and Meauxna have effectively summarized the solution to the OPs problems.

hugeness

Under Utah housing law, this is her house, she can serve a notice to evict .. 5 days notice.

hugeness

also, under the papers served, the interim hearing, she has asked for me to vacate immediately... hearing on 2nd. thats entirely at the judges discretion.

meauxna

My, that's certainly a... descriptive reply!
Now I'm hungry.

We have all fallen down on duty though, for not providing the background reading the OP needs.

Divorce - FAQs: CHANGES IN FAMILY STATUS ON THE IMMIGRATION PROCESS
Prior to Removing Conditions

Start there for the answers to your INITIAL post in this thread.

Follow the links for the uscis.gov pages

meauxna

This is why YOU need a lawyer, and advocate. If that is an unreasonable request, the judge needs to be informed in the correct way.

I'm just sayin' ... don't be a victim, don't take it all laying down. If you want to stay in the US, and you put all your resources into this relationship and are therefore unable to spring back immediately, do something about it.

Michael

That is not the total story. Although for a normal tenant a landlord can serve an eviction notice, the tenant is not required to comply. Then the landlord has to start eviction proceedings and whole the process usually takes a month or more and can be quite expensive and time consuming.

In your case, it is even more complex because that is your marital home.

http://www.rentlaw.com/eviction/utaheviction.htm