penguinbar

Hi everyone.

I'm asking this for a friend of mine. She's an American and he's British. They met online and he came over on a K1 . He has his conditional greencard.
The last 6-8 months he has become abusive. He has pushed her a few times and is verbally abusive quite a bit. They have gone to therapy and he is on anti depressants. He has been calling off work quite a bit as well.

They have tried to make it work but she can't take his abuse anymore .
He has said he wants to move out.

If he does and decides to stay in the states is she financially responsible ? She doesn't have much money.
He keeps saying the marriage was a mistake . She is very distressed. I am scared he will hurt her. I told her to contact an attorney but she also asked me to post on here as well.
It's not for me by the way. Hubby just got his permanent greencard and we are fine!

sir_eccles

This seems to be the opposite way around to the usual ones where the one being abused is the immigrant. We have a wiki page with some resources that might help all the same:

http://britishexpats.com/wiki/Domestic_violence

My understanding is that she signed a contract to support him for 10 years even if they separate. Getting citizenship breaks the contract I think, not sure what else does.

ian-mstm

Yes, according to the terms of the I-864... until such time as he meets the requirements to release her of that obligation. Generally, though, the I-864 only kicks in if he avails himself of government means-tested benefits.


I doubt she'll ever have to pay the US government any money... but that possibility does exist until she is relieved of her I-864 obligation.


Her first line of defense must be to protect herself physically. Her second line of defense must be to protect herself financially... bank accounts, credit cards, etc. His name must be removed from anything held jointly. She doesn't want to be responsible for any credit card debt he racks up! If he wants to move out, as your post suggests, she should let him.

Note: She is not responsible to pay his rent, food, clothes, or anything else that is not specifically a government means-tested benefit.

But, this is why she must protect herself financially... right now!

Ian

penguinbar

I know what happens when the person is an immigrant. I am trying to find out if she is still responsible for him if he is being abusive. I know if he works for 10 years that will negate her responsibility as well. He has been calling off work as well.

penguinbar

She is taking taking her money out of the joint account. He doesn't have a credit card.
I am worried about her safety. He might go back to the UK.
Also if he does leave and wants to file I 751 and if they are separated or even divorced does she have to pay for that.
Also I told her if he threatens her again to call the police. If she does and he gets arrested can he lose his status?

md95065

To be honest, that can wait - and whatever the answer is - well, it is what it is.

The priorities are exactly as Ian said - she needs to take immediate steps to ensure her own physical and financial safety. The risk of him running up bills on joint credit cards or taking money out of joint accounts in the immediate future is very real.

md95065

She should try to get a restraining order against him if she is concerned about her physical safety.

If he were arrested (and subsequently found guilty) of domestic violence (or, indeed, even of just violating the restraining order) I think that would put a big roadblock in his way if he attempted to apply for removal of the conditions on his green card.

penguinbar

I agree that her safety is top priority. She doesn't love him anymore and I think he is dangerous.

ian-mstm

Yes, she is. His actions, however despicable, don't relieve her of her responsibility.


That's not true unless he earns 40 eligible SS credits during that time. It is entirely possible to never reach that number.


That will relieve her of her financial responsibility. If, however, he chooses to remain in the US, it doesn't.


No. As I said earlier, she is not responsible to pay his bills.


He can, yes... but, most likely, he won't. An arrest, by itself, is likely not sufficient for him to lose his status as a PR... and he is a PR until an immigration judge says he isn't.

Ian

Moxie

The terms she agreed to are in the I-864 document. Read page 6-7.
http://www.uscis.gov/files/form/i-864.pdf

What Does Signing the Form I-864 Require Me to do?

• [*]
• [*]

When Will These Obligations End?
Your obligations under a Form I-864 will end if the person who becomes a permanent resident based on a Form I-864 that you signed:

• Becomes a U.S. citizen;
• Has worked, or can be credited with, 40 quarters of coverage under the Social Security Act;
• No longer has lawful permanent resident status, and has departed the United States;
• Becomes subject to removal, but applies for and obtains in removal proceedings a new grant of adjustment of status, based on a new affidavit of support, if one is required; or
• Dies.

Note that divorce does not terminate your obligations under this Form I-864.

Noorah101

She is responsible financially for whatever the I-864 covers. Mostly that is if he gets means tested benefits (such as food stamps or welfare). Not for his rent or utility bills or doctor bills. However, if they get divorced, he has the right to make it part of the divorce paperwork to ask her to support him at 125% of the poverty level...but it will be up to the judge who oversees the divorce to make that effective or not.

No. She does not have to pay for that, and if they are divorced she won't even sign the I-751...he'll do an I-751 with waiver.

I don't know if domestic violence is cause for removal. I know an immigrant to was abusive and his USC wife called the police and had him arrested. She later dropped the charges, and they stayed together. He successfully filed the I-751 and later applied for citizenship (lost touch with them so I never found out if the citizenship was granted).

Rene

fatbrit

So go and fill out the petition earliest.

http://www.courts.state.ny.us/courth...cviolence.html

ian-mstm

Which, fortunately, is not only poorly worded... it's not entirely accurate!

Ian

S Folinsky

A conviction for domestic violence is a ground of removal. A finding by a state court for violation of a domestic restraining order is also a ground. Unless the person in question has lived in the US for seven years, five of which were as a LPR, no relief available for that ground of removal.

This was added to the law in 1996, when a famed case involving a former football player was still on the mind of many people.

penguinbar

Thank you all for your help.