In dec 1998 i moved to America on a K1 Fiance visa, we married and applied for my green card. Part of this process was the filling of an affadavit of support. Now a year after receiving my green card my Ameican wife has said she wants a divorce. We have both met new friends.
My question is this my soon to be ex wife is worried about her obligations under the affadavit of support, i need help, badly, My girlfriend can support us both but my wife is still worried about her legal obliagtions.
I cant just get a new affadivit can i?
or how long does it taker to get a citizenship and how do i go about it?
Yours, upset, Alan
I'm sorry, that sounds grim. There is at least one poster in a similar position and if they don't see this post, I will PM them to alert them to it.
Welcome to the board, by the way. You can always vent here when/if you need to. smile
I would vent but would get thrown off for swearing and cussing, i sometiems wish id never come to this country!!!!!!!!!!!!!!!!
Trust me, you wouldn't! lol We've tried every word under the sun here, some get by and some get bleeped. Better (and more fun) to use euphemisms, though!
Your wife is still held accountable for the Affidavit of Support until you naturalise or have worked 40 quarters.
You can naturalise on the basis of being married (and still married) to a US citizen after 3 years. So, once you are married to your new wife for 3 years, you can apply and expect it to take a year to process.
If you don't become destitute, your wife has nothing to worry about regarding the affidavit. There's no need for you or your new wife to become involved - it's a contract between your old wife and the US govt.
When I went for my adjustment of status interview to become an unconditional permanent resident, my lawyer told me that the affidavit of support was no longer valid. Once you have the unconditional permanent residency, being married is no longer an issue.
On 2002-09-16 12:51, Laurence wrote:
When I went for my adjustment of status interview to become an unconditional permanent resident, my lawyer told me that the affidavit of support was no longer valid. Once you have the unconditional permanent residency, being married is no longer an issue.
Your lawyer was wrong, Laurence.
Ameriscot is quite right.
This came up in my divorce and is part of the agreement that I release my STBX from any future liability.
To be honest, I had forgotten all about it until they brought it up but sounded fair to me. Not sure the Federal Government would recognise it but hey - not my problem.
Yep, the USC can only be relieved of the burdens of the I-864 by:
[list]
[*]death of the immigrant
[*]naturalisation
[*]working 40 quarters
[*]the immigrant leaving the US and abandoning the green card[/list:u]
I can't imagine any agreement you have with your ex would hold any water in a federal court. I can't imagine a set of circumstances where you could actually make a deal with your spouse, given that no one seriously plans to become destitute. It does seem reasonable, though, as a courtesy to your ex to naturalise ASAP, if you don't have any objections to this.
When did it become 3 years to be able to get citizenship? I thought it was 5 years? just curious...
Three if you are married to US citizen. Five otherwise.
On 2002-09-16 12:56, Ameriscot wrote:
Your lawyer was wrong, Laurence.
D'oh! I'll have him disbarred.