considering divorce.......HELP
Mar 17th 2002, 11:35 pm
#1
Guest
Posts: n/a
considering divorce.......HELP
Hi My husband (the non US citizen-entered on a K-1 visa) and I are sadly considering
a divorce we have a young child together too. My husband has a conditional green card
and he has to apply for a permanent one by next year. What happens if we divorce
before then? Can he remain in the country? What does he have to file AND has anyone
ever heard of this same situation and what was the outcome?? THANKS!!
a divorce we have a young child together too. My husband has a conditional green card
and he has to apply for a permanent one by next year. What happens if we divorce
before then? Can he remain in the country? What does he have to file AND has anyone
ever heard of this same situation and what was the outcome?? THANKS!!
Mar 17th 2002, 11:45 pm
#2
Concierge
Joined: Apr 2001
Posts: 46,403
Re: considering divorce.......HELP
The NG hears of this almost every week now. K-1 marriages seem to be falling apart ;-(
Yes he will probably be able to successfully remove his condiitions. He is eligible to file for the removal as soon as your divorce is final if it occurs before the official timeframe for removing conditions. He will still have to prove to the INS that he entered into the marriage for valid reasons and will need to provide them with proof of this the same as if you two were still married.
And, yes, the NG has seem this done successfully.
Rita
Yes he will probably be able to successfully remove his condiitions. He is eligible to file for the removal as soon as your divorce is final if it occurs before the official timeframe for removing conditions. He will still have to prove to the INS that he entered into the marriage for valid reasons and will need to provide them with proof of this the same as if you two were still married.
And, yes, the NG has seem this done successfully.
Rita
Mar 18th 2002, 12:35 am
#3
Guest
Posts: n/a
Re: considering divorce.......HELP
Caprime27 wrote:
>
> Hi My husband (the non US citizen-entered on a K-1 visa) and I are sadly
> considering a divorce we have a young child together too. My husband has a
> conditional green card and he has to apply for a permanent one by next year. What
> happens if we divorce before then? Can he remain in the country? What does he have
> to file AND has anyone ever heard of this same situation and what was the outcome??
> THANKS!!
If you get divorced, then he can immediatly apply for removal of conditions. As long
as there is proof of a valid marriage he can get removal.
Michael
>
> Hi My husband (the non US citizen-entered on a K-1 visa) and I are sadly
> considering a divorce we have a young child together too. My husband has a
> conditional green card and he has to apply for a permanent one by next year. What
> happens if we divorce before then? Can he remain in the country? What does he have
> to file AND has anyone ever heard of this same situation and what was the outcome??
> THANKS!!
If you get divorced, then he can immediatly apply for removal of conditions. As long
as there is proof of a valid marriage he can get removal.
Michael
Mar 18th 2002, 3:05 pm
#4
Guest
Posts: n/a
Re: considering divorce.......HELP
Others have replied regarding removing the conditions on his green card.
However, you must also be aware that divorce does not release you from your
obligation of financial support under I-864 (Affidavit of Support). There are
only 3 ways to release this obligation - he becomes a US citizen, he leaves the
US permanently, he dies!
Ian
[email protected] (Caprime27) wrote in message
news:<[email protected]>...
> Hi My husband (the non US citizen-entered on a K-1 visa) and I are sadly
> considering a divorce we have a young child together too. My husband has a
> conditional green card and he has to apply for a permanent one by next year. What
> happens if we divorce before then? Can he remain in the country? What does he have
> to file AND has anyone ever heard of this same situation and what was the outcome??
> THANKS!!
However, you must also be aware that divorce does not release you from your
obligation of financial support under I-864 (Affidavit of Support). There are
only 3 ways to release this obligation - he becomes a US citizen, he leaves the
US permanently, he dies!
Ian
[email protected] (Caprime27) wrote in message
news:<[email protected]>...
> Hi My husband (the non US citizen-entered on a K-1 visa) and I are sadly
> considering a divorce we have a young child together too. My husband has a
> conditional green card and he has to apply for a permanent one by next year. What
> happens if we divorce before then? Can he remain in the country? What does he have
> to file AND has anyone ever heard of this same situation and what was the outcome??
> THANKS!!
Mar 18th 2002, 4:05 pm
#5
Guest
Posts: n/a
Re: considering divorce.......HELP
There's a fourth way. Once you've been credited with 40 quarters of work in the US
you don't need to be sponsored either. I've often wondered if in a hypothetical case
the person had already clocked that by the time they filed (such as having H-1B for
six years, leaving for a year, returning for four years) whether the I-864 would need
to be filed at all since it would immediately become unenforceable!
Andy.
--
I'm not really here - it's just your warped imagination. "Ian levstein"
<[email protected]> wrote in message
news:[email protected]...
> Others have replied regarding removing the conditions on his green card. However,
> you must also be aware that divorce does not release you from your obligation of
> financial support under I-864 (Affidavit of Support). There are only 3 ways to
> release this obligation - he becomes a US citizen, he leaves the US permanently,
> he dies!
>
> Ian
>
>
> [email protected] (Caprime27) wrote in message
news:<[email protected]>...
> > Hi My husband (the non US citizen-entered on a K-1 visa) and I are sadly
> > considering a divorce we have a young child together too. My husband
has a
> > conditional green card and he has to apply for a permanent one by next
year.
> > What happens if we divorce before then? Can he remain in the country?
What
> > does he have to file AND has anyone ever heard of this same situation
and what
> > was the outcome?? THANKS!!
you don't need to be sponsored either. I've often wondered if in a hypothetical case
the person had already clocked that by the time they filed (such as having H-1B for
six years, leaving for a year, returning for four years) whether the I-864 would need
to be filed at all since it would immediately become unenforceable!
Andy.
--
I'm not really here - it's just your warped imagination. "Ian levstein"
<[email protected]> wrote in message
news:[email protected]...
> Others have replied regarding removing the conditions on his green card. However,
> you must also be aware that divorce does not release you from your obligation of
> financial support under I-864 (Affidavit of Support). There are only 3 ways to
> release this obligation - he becomes a US citizen, he leaves the US permanently,
> he dies!
>
> Ian
>
>
> [email protected] (Caprime27) wrote in message
news:<[email protected]>...
> > Hi My husband (the non US citizen-entered on a K-1 visa) and I are sadly
> > considering a divorce we have a young child together too. My husband
has a
> > conditional green card and he has to apply for a permanent one by next
year.
> > What happens if we divorce before then? Can he remain in the country?
What
> > does he have to file AND has anyone ever heard of this same situation
and what
> > was the outcome?? THANKS!!
Mar 18th 2002, 4:05 pm
#6
Guest
Posts: n/a
Re: considering divorce.......HELP
What would be the case if you have a prenuptial agreement? and if in the affidavit of
support I-864 you have presented property / assets?
On 18 Mar 2002 07:56:27 -0800, [email protected] (Ian levstein) wrote:
>Others have replied regarding removing the conditions on his green card.
>However, you must also be aware that divorce does not release you from your
>obligation of financial support under I-864 (Affidavit of Support). There are
>only 3 ways to release this obligation - he becomes a US citizen, he leaves the
>US permanently, he dies!
>
>Ian
>
>
>[email protected] (Caprime27) wrote in message
>news:<[email protected]>...
>> Hi My husband (the non US citizen-entered on a K-1 visa) and I are sadly
>> considering a divorce we have a young child together too. My husband has a
>> conditional green card and he has to apply for a permanent one by next year. What
>> happens if we divorce before then? Can he remain in the country? What does he have
>> to file AND has anyone ever heard of this same situation and what was the
>> outcome?? THANKS!!
support I-864 you have presented property / assets?
On 18 Mar 2002 07:56:27 -0800, [email protected] (Ian levstein) wrote:
>Others have replied regarding removing the conditions on his green card.
>However, you must also be aware that divorce does not release you from your
>obligation of financial support under I-864 (Affidavit of Support). There are
>only 3 ways to release this obligation - he becomes a US citizen, he leaves the
>US permanently, he dies!
>
>Ian
>
>
>[email protected] (Caprime27) wrote in message
>news:<[email protected]>...
>> Hi My husband (the non US citizen-entered on a K-1 visa) and I are sadly
>> considering a divorce we have a young child together too. My husband has a
>> conditional green card and he has to apply for a permanent one by next year. What
>> happens if we divorce before then? Can he remain in the country? What does he have
>> to file AND has anyone ever heard of this same situation and what was the
>> outcome?? THANKS!!
Mar 18th 2002, 4:35 pm
#7
Guest
Posts: n/a
Re: considering divorce.......HELP
> >[email protected] (Caprime27) wrote in message
> >news:<[email protected]>...
> >> Hi My husband (the non US citizen-entered on a K-1 visa) and I are sadly
> >> considering a divorce we have a young child together too. My husband has a
> >> conditional green card and he has to apply for a permanent one by next year.
> >> What happens if we divorce before then? Can he remain in the country? What does
> >> he have to file AND has anyone ever heard of this same situation and what was
> >> the outcome?? THANKS!!
> On 18 Mar 2002 07:56:27 -0800, [email protected] (Ian levstein) wrote:
>
> >Others have replied regarding removing the conditions on his green card. However,
> >you must also be aware that divorce does not release you from your obligation of
> >financial support under I-864 (Affidavit of Support). There are only 3 ways to
> >release this obligation - he becomes a US citizen, he leaves the US permanently,
> >he dies!
> >
> >Ian
Manga Denabos wrote:
>
> What would be the case if you have a prenuptial agreement?
My guess is that this would mean nothing to the INS
> and if in the affidavit of support I-864 you have presented property / assets?
No sure what you mean here
> >news:<[email protected]>...
> >> Hi My husband (the non US citizen-entered on a K-1 visa) and I are sadly
> >> considering a divorce we have a young child together too. My husband has a
> >> conditional green card and he has to apply for a permanent one by next year.
> >> What happens if we divorce before then? Can he remain in the country? What does
> >> he have to file AND has anyone ever heard of this same situation and what was
> >> the outcome?? THANKS!!
> On 18 Mar 2002 07:56:27 -0800, [email protected] (Ian levstein) wrote:
>
> >Others have replied regarding removing the conditions on his green card. However,
> >you must also be aware that divorce does not release you from your obligation of
> >financial support under I-864 (Affidavit of Support). There are only 3 ways to
> >release this obligation - he becomes a US citizen, he leaves the US permanently,
> >he dies!
> >
> >Ian
Manga Denabos wrote:
>
> What would be the case if you have a prenuptial agreement?
My guess is that this would mean nothing to the INS
> and if in the affidavit of support I-864 you have presented property / assets?
No sure what you mean here
Mar 18th 2002, 6:05 pm
#8
Guest
Posts: n/a
Re: considering divorce.......HELP
Thank you again Alvena. What I meant on my posting was if a prenuptial agreement
(civil court) would supersede the affidavit of support (property / assets and not
employment) in case of a divorce.
On Mon, 18 Mar 2002 12:18:46 -0600, Alvena Ferreira <[email protected]> wrote:
>Manga Denabos wrote:
>> What would be the case if you have a prenuptial agreement? and if in the affidavit
>> of support I-864 you have presented property / assets?
>>
>Prenups have NO effect on the affidavit of support. Alvena
>
>See the Doc Steen site here:
>http://www.mindspring.com/~docsteen/...o/visainfo.htm I am not a lawyer, and
>this is not immigration advice. The information I provide is mostly gleaned from old
>newsgroup posts and visa links on the internet. If you want or need a lawyer, go to:
>http://www.aila.org
On 18 Mar 2002 07:56:27 -0800, [email protected] (Ian levstein) wrote:
>Others have replied regarding removing the conditions on his green card.
>However, you must also be aware that divorce does not release you from your
>obligation of financial support under I-864 (Affidavit of Support). There are
>only 3 ways to release this obligation - he becomes a US citizen, he leaves the
>US permanently, he dies!
>
>Ian
>
>
>[email protected] (Caprime27) wrote in message
>news:<[email protected]>...
>> Hi My husband (the non US citizen-entered on a K-1 visa) and I are sadly
>> considering a divorce we have a young child together too. My husband has a
>> conditional green card and he has to apply for a permanent one by next year. What
>> happens if we divorce before then? Can he remain in the country? What does he have
>> to file AND has anyone ever heard of this same situation and what was the
>> outcome?? THANKS!!
(civil court) would supersede the affidavit of support (property / assets and not
employment) in case of a divorce.
On Mon, 18 Mar 2002 12:18:46 -0600, Alvena Ferreira <[email protected]> wrote:
>Manga Denabos wrote:
>> What would be the case if you have a prenuptial agreement? and if in the affidavit
>> of support I-864 you have presented property / assets?
>>
>Prenups have NO effect on the affidavit of support. Alvena
>
>See the Doc Steen site here:
>http://www.mindspring.com/~docsteen/...o/visainfo.htm I am not a lawyer, and
>this is not immigration advice. The information I provide is mostly gleaned from old
>newsgroup posts and visa links on the internet. If you want or need a lawyer, go to:
>http://www.aila.org
On 18 Mar 2002 07:56:27 -0800, [email protected] (Ian levstein) wrote:
>Others have replied regarding removing the conditions on his green card.
>However, you must also be aware that divorce does not release you from your
>obligation of financial support under I-864 (Affidavit of Support). There are
>only 3 ways to release this obligation - he becomes a US citizen, he leaves the
>US permanently, he dies!
>
>Ian
>
>
>[email protected] (Caprime27) wrote in message
>news:<[email protected]>...
>> Hi My husband (the non US citizen-entered on a K-1 visa) and I are sadly
>> considering a divorce we have a young child together too. My husband has a
>> conditional green card and he has to apply for a permanent one by next year. What
>> happens if we divorce before then? Can he remain in the country? What does he have
>> to file AND has anyone ever heard of this same situation and what was the
>> outcome?? THANKS!!
Mar 18th 2002, 6:05 pm
#9
Guest
Posts: n/a
Re: considering divorce.......HELP
It's still not clear what you mean but anyway, a pre-nup would have no effect on the
affidavit of support. Basically what that allows is for the US government to go after
the sponsor for certain means-tested benefits paid to the alien. The sponsor could
then go after the alien to recover those if necessary.
The only way I could see this being taken into account is if the court decided that
the sponsor needed to pay the alien so that they were within this 125% poverty level.
There was some discussion of this before but I was never satisfied that the language
of the affidavit could be so used.
Andy.
--
I'm not really here - it's just your warped imagination. "Manga Denabos"
<[email protected]> wrote in message news:[email protected]...
> Thank you again Alvena. What I meant on my posting was if a prenuptial agreement
> (civil court) would supersede the affidavit of support (property / assets and not
> employment) in case of a divorce.
>
>
>
> On Mon, 18 Mar 2002 12:18:46 -0600, Alvena Ferreira <[email protected]> wrote:
>
> >Manga Denabos wrote:
> >> What would be the case if you have a prenuptial agreement? and if in the
> >> affidavit of support I-864 you have presented property / assets?
> >>
> >Prenups have NO effect on the affidavit of support. Alvena
> >
> >See the Doc Steen site here:
> >http://www.mindspring.com/~docsteen/...o/visainfo.htm I am not a lawyer, and
> >this is not immigration advice. The information I provide is mostly gleaned from
> >old newsgroup posts and visa links on the internet. If you want or need a lawyer,
> >go to: http://www.aila.org
>
> On 18 Mar 2002 07:56:27 -0800, [email protected] (Ian levstein) wrote:
>
> >Others have replied regarding removing the conditions on his green card. However,
> >you must also be aware that divorce does not release you from your obligation of
> >financial support under I-864 (Affidavit of Support). There are only 3 ways to
> >release this obligation - he becomes a US citizen, he leaves the US permanently,
> >he dies!
> >
> >Ian
> >
> >
> >[email protected] (Caprime27) wrote in message
news:<[email protected]>...
> >> Hi My husband (the non US citizen-entered on a K-1 visa) and I are sadly
> >> considering a divorce we have a young child together too. My husband
has a
> >> conditional green card and he has to apply for a permanent one by next
year.
> >> What happens if we divorce before then? Can he remain in the country?
What
> >> does he have to file AND has anyone ever heard of this same situation
and what
> >> was the outcome?? THANKS!!
affidavit of support. Basically what that allows is for the US government to go after
the sponsor for certain means-tested benefits paid to the alien. The sponsor could
then go after the alien to recover those if necessary.
The only way I could see this being taken into account is if the court decided that
the sponsor needed to pay the alien so that they were within this 125% poverty level.
There was some discussion of this before but I was never satisfied that the language
of the affidavit could be so used.
Andy.
--
I'm not really here - it's just your warped imagination. "Manga Denabos"
<[email protected]> wrote in message news:[email protected]...
> Thank you again Alvena. What I meant on my posting was if a prenuptial agreement
> (civil court) would supersede the affidavit of support (property / assets and not
> employment) in case of a divorce.
>
>
>
> On Mon, 18 Mar 2002 12:18:46 -0600, Alvena Ferreira <[email protected]> wrote:
>
> >Manga Denabos wrote:
> >> What would be the case if you have a prenuptial agreement? and if in the
> >> affidavit of support I-864 you have presented property / assets?
> >>
> >Prenups have NO effect on the affidavit of support. Alvena
> >
> >See the Doc Steen site here:
> >http://www.mindspring.com/~docsteen/...o/visainfo.htm I am not a lawyer, and
> >this is not immigration advice. The information I provide is mostly gleaned from
> >old newsgroup posts and visa links on the internet. If you want or need a lawyer,
> >go to: http://www.aila.org
>
> On 18 Mar 2002 07:56:27 -0800, [email protected] (Ian levstein) wrote:
>
> >Others have replied regarding removing the conditions on his green card. However,
> >you must also be aware that divorce does not release you from your obligation of
> >financial support under I-864 (Affidavit of Support). There are only 3 ways to
> >release this obligation - he becomes a US citizen, he leaves the US permanently,
> >he dies!
> >
> >Ian
> >
> >
> >[email protected] (Caprime27) wrote in message
news:<[email protected]>...
> >> Hi My husband (the non US citizen-entered on a K-1 visa) and I are sadly
> >> considering a divorce we have a young child together too. My husband
has a
> >> conditional green card and he has to apply for a permanent one by next
year.
> >> What happens if we divorce before then? Can he remain in the country?
What
> >> does he have to file AND has anyone ever heard of this same situation
and what
> >> was the outcome?? THANKS!!
Mar 18th 2002, 6:35 pm
#10
Guest
Posts: n/a
Re: considering divorce.......HELP
"Andy Platt" <[email protected]> wrote in message
news:[email protected]...
> There's a fourth way. Once you've been credited with 40 quarters of work
in
> the US you don't need to be sponsored either. I've often wondered if in a
> hypothetical case the person had already clocked that by the time they
filed
> (such as having H-1B for six years, leaving for a year, returning for four years)
> whether the I-864 would need to be filed at all since it would immediately become
> unenforceable!
No it would not be required. I have actually read an INS memo describing such a
situation, and if the applicant already has 40 quarters of work, no Affidavit of
Support is required.
Paulgani
news:[email protected]...
> There's a fourth way. Once you've been credited with 40 quarters of work
in
> the US you don't need to be sponsored either. I've often wondered if in a
> hypothetical case the person had already clocked that by the time they
filed
> (such as having H-1B for six years, leaving for a year, returning for four years)
> whether the I-864 would need to be filed at all since it would immediately become
> unenforceable!
No it would not be required. I have actually read an INS memo describing such a
situation, and if the applicant already has 40 quarters of work, no Affidavit of
Support is required.
Paulgani
Mar 18th 2002, 7:05 pm
#11
Guest
Posts: n/a
Re: considering divorce.......HELP
"paulgani" <[email protected]> wrote:
> No it would not be required. I have actually read an INS memo describing such a
> situation, and if the applicant already has 40 quarters of work, no Affidavit of
> Support is required.
Ta, Paul! Even Arlington should be able to process my AOS by the time I rack 40
quarters up ... though I am half way there so you never know!
Andy.
--
I'm not really here - it's just your warped imagination.
> No it would not be required. I have actually read an INS memo describing such a
> situation, and if the applicant already has 40 quarters of work, no Affidavit of
> Support is required.
Ta, Paul! Even Arlington should be able to process my AOS by the time I rack 40
quarters up ... though I am half way there so you never know!
Andy.
--
I'm not really here - it's just your warped imagination.
