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Tricky situation: need help and advice on escaping this marriage
#11

Tricky situation: need help and advice on escaping this marriage

Not legal advice here.

First off, chill out. You're gonna be ok and YOU have all the power here.

You didn't have a choice but to sign the affidavit of support so don't beat yourself up too much. At least you didn't ask one of your buddies to be a joint sponsor, which I see all the time, although with you being unemployed not sure how you qualified as the only sponsor, but that's a different problem for a different day.

It's not a temporary green card, it's a conditional green card, the condition being you remain married for at least 2 years. The "conditionsal" part must be actively removed by the alien, it doesn't happen automatically. If before the two years expire you get divorced, she will never be capable of removing the conditions and her conditional green card will expire, and she would be out of status. If her green card expires why would you be on the hook for Affidavit payments? Maybe in theory that might happen, but If you think the court will make you pay her in perpetuity while knowing she's out status, that's highly unlikely. Also, she wouldn't be able to work without a work permit, so how will she support herself if you give her the boot? She'll have to go home. Read that last sentence again. Also make sure she understands the ten year ban in the event she decides to stay illegally and that you will pursue deportation against her. If she wants to play the "well I'm not going home and you're gonna pay for me" game, she's gonna lose and she's never gonna be allowed to come to the USA again. The US Government wants her gone as much as you do. Make that crystal clear.

A run of the mill family lawyer doesn't know anything about an affidavit of support so you should start with an immigration lawyer to ensure she received a "notice to appear" post divorce to begin deportation proceedings and if she chooses to pursue this (which is highly highly unlikely i.e. She has no money and shed have to tell her lawyer she's out of status...)then contact a family lawyer. I'd be careful waiting this out for her to become naturalized because then you'd be looking at alimony payments. Actually, I'd say definitely not wait for her to become a citizen.
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