[Dr Mantis Toboggan]

(09-08-2018 09:57 PM)phluff127 Wrote:  

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.

He was on active duty (ie working) at the time they applied for her GC

Quote:

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.

It's conditional but usually renewed even if the applicant and sponsor get divorced UNLESS the government believes the marriage was fraudulent in the first place.

As for the $1K/month, that isn't automatically owed the instant you divorce--she has to petition for it, or the government (federal or state) can petition on her behalf if she applies for any sort of welfare benefits. That said, the intent of that is to support her at the poverty line. If she is working and making at least $1K/month then you don't have to pay, if she's working part-time and making less than $1K then you only have to make up the difference. So she can't really sit on her ass and fuck you over unless she's content to live on that $1K....in theory. Of course, she could always find under-the-table employment and use the 864 support payments to supplement that, but if she does that and you can prove it you should--again in theory--be able to report her for tax evasion which would get her green card revoked.

There is one other thing to worry about, I read about a guy that this happened to where the ex-wife was content to sit on her ass and get the $1K because she was independently wealthy--high 6 figures in an overseas account from an inheritance, this wasn't considered income so didn't absolve the ex-husband of his 864 obligations. But this is a rare situation.