Question on Affidavit of Support

[Dennis]

I will start this by saying that I am one of the guys who also didn't see the red flags but I only blame myself because I didn't listen to my friends and my family. Anyway, I am in the process of getting divorced.

When my wife and I were having problems she asked for a ticket home and some money so we could sort out a few things and take a break from the fighting. This was a blessing to me. But after a week back in Bogotá she sent me a message asking for the divorce and for me to take care of it here in Los Angeles.

This was all taken care of and the papers were sent to her for her signature or for her to contest. I thought this would go easy but my mistake. After receiving the papers she apparently met someone who financed her a ticket to fly to the San Francisco/ Oakland area to work.

Her and her new male friend called me from San Francisco to let me know she was there and working and asked me to cancel the divorce so she could get her resident visa. I told them I was not canceling anything and that they could work out the Visa issue later with immigration. Then came the warning from them about the "Affidavit of Support", I signed.

She is 41 years old and we didn't have any children and she didn't have any when we met. I told her I would carry medical insurance on her but that was about it. Now she seems to have disappeared and no one will let me know where she is or how to get in touch with her.

Am I going to get a nasty surprise from the government here in the future?

[Houndog]

To the best of my knowledge of the AOS, as long as she is working she is very unlikely to qualify for GOV assistance (which is what the AOS is about).  Now if she quits and goes on welfare or other GOV assistance you may get a letter. But since she is likely, from what you said, living with a Guy, to qualify for GOV assistance she would probably have to lie on the application to qualify, at which point she has commited fraud if that happens. So until you have more information I wouldn'y worry about it, especially since there are no kids invloved. And you can threaten her with a Fraudulent Marriage (since she's living with another guy) and Abandoment, and maybe even fraudulent/unlawful re-entry into the US by going to this other guy instead of coming home to you, her husband, if you get into a hardball game.

[Houndog]

BTW...Disclaimer: I'm not a lawyer & therefore cannot give legal advice.....however I can , having not been born yesterday, give my "opinions" based on study, research & personel experience. on any matter until Bush takes that right away along with many others he's choosen.

[Ray]

Am I going to get a nasty surprise from the government here in the future?

Probably not. In actual practice, they rarely if ever go after the sponsor. She could sue you for support based on the affidavit also, but that would likely be a very long shot.

How long have you been married? What is her immigration status now? Does she have a Green Card? Has she filed for Removal of Conditions yet? (She can do that on her own if the divorce is final before her 2-year conditional status expires)

Technically, your obligation under the Affidavit of Support ends when she becomes a U.S. citizen, leaves the country permanently, works for 40 quarters (10 years), or dies. I have heard of guys getting released from their legal obligation under the affidavit after a divorce or annulment but you have to request it in writing. After the divorce is final, I would make an InfoPass appointment with your local CIS office to see an immigration officer. Ask them how to request a release from your I-864 obligation. Very possibly a letter with supporting documentation will suffice.

Get that divorce taken care with or without her cooperation or have her kiled if you want to save some money...

And tell her new boyfriend kiss your ass and be a man and support her himself. “You shtup it, you pay for it” :lol:

[Dennis]

Ray, Thanks for the information and advice.  We were not married that long.  We married in Bogota in December of 2005, She was given her Immigrant Visa to come here in September and by November things were not going to well.  By January she asked for a ticket home anf left on January 8th.  The next thing I knew I was getting her letter asking for a divorce and more money.  

The lawyers had sent the first papers to her under the assumption she was going to just sign them and it would be over with but she said they never arrived.  The next set were served to her and then she disappeared until last week when I received the call from her and her boyfriend in San Francisco asking me to stop the divorce and telling me she was not signing any papers.  

[Ray]

Dennis,

It sounds like she is getting her “legal advice” from her stupid boyfriend and she is only screwing herself. If she came here in Sept 05, then she has about a year until she needs to file for Removal of Conditions on her residency. If she is legally divorced at that time, then she is allowed to self-petition under the law. Apparently they are too stupid to realize that and somehow expect you to perjure yourself by pretending to still be happily married and file the joint I-751 petition together.

I would let them figure it out for themselves. If she tries to delay the divorce by refusing to cooperate, she will just wind up in illegal status after Sept 07. If she then leaves the country for any reason, she won’t get back in and you will be home free.

Ray

[surfscum]

Ray, are you saying that if a couple divorces within the two year period between temporary and permanent green cards, that she can petition for removal of conditions on her own? Does she need supporting evidence that the marriage was entered into legitimately? Do you know anyone who has done this successfully?

[Ray]

Ray, are you saying that if a couple divorces within the two year period between temporary and permanent green cards, that she can petition for removal of conditions on her own? Does she need supporting evidence that the marriage was entered into legitimately? Do you know anyone who has done this successfully?

Yes. The I-751 petition allows you to request a waiver of the joint filing requirement based on several factors including termination of the marriage through death, divorce, or annulment.

Yes, she must submit evidence that the marriage was entered into in good faith and not to commit immigration fraud.

No, I don’t personally know of anyone who has done it this way.

[utopiacowboy]

You can check out www.visajourney.com where I think there are several people who self-petitioned if you search for them.

[SocialDreg]

I have personal experience in this. I know another couple that divorced within two years and the wife successfully petitoned on her own after the divorce was final.  My ex did the same.  When they file they automatically get  a year's extension. I talked to a couple of lawyers and they said that many times the I-751 is approved without an interview. They said a lot of petitions are approved on flimsy evidence. This was about 3 years ago so things may have changed. The ex- husband is basically out of the picture. He can send INS evidence to put in her file.  Then when she trys to adjust her status she will have problems if she lies about something on her application.

I personally know 15 guys that married Colombians and are divorced.  None of them have had problems with the affadavit of support.  Also, I have never heard of anyone having problems.  I just don't think it is enforced.
.
If she abandoned you and you don't know where she is you  can file for an annulment based on marital fraud.  I have a friend from the midwest that married in Colombia. After a few months she left him and went to Miami.  He filed for an annulment for marital fraud.  He also asked for $40,000.  He won by default.  She knew nothing about it because she was hiding. The INS tracked her down in Miami thru the school for her daughter.  It took about a year, but she  was deported because she had committed marital fraud per the annulment.

An annulment would probably cancel the affadavit of support.

But by all means get a lawyer.  Make sure you ask him about an annulment.  

Good luck

[conocerme]

I personally know 15 guys that married Colombians and are divorced.  

Hey SocialDreg - you shared some good information in your post but I was struck by this statement about these 15 guys.

If you would not mind, could you let us know your thoughts on why all of these marriages ended in divorce?  I would imagine most of the guys were well intentioned. What happened in these cases, if you can let us know?

conocerme

[mudd]

yeh, i would like to hear about these 15 guys, what they did wrong, picked a "hottie"  over personality. too big of an age difference  ect

[SocialDreg]

Some women are hotties to one guy and not the other. For the life of me I don't get the Jennifer Lopez thing. She does absolutely nothing for  me.  I can sit in ChipiChape mall one afternoon and see much more attractive women than her in my opinion.
 
I know those 15 guys personally or have talked them. I have lived here for two years. I only know 2 guys that have been married for more than two years. But my stats are skewed because I am meeting gringos that have been married to  a Colombian and are returning.

Why? Who knows.  Culture shock, terrible climate, wild expectations, huge age difference ( more than 10 years), missing the family, poor communication skills, lack of English or Spanish. If you marry a Calena or Costena you should live in one of three places in the US.  South Florida, South Florida, or South Florida.

I agree with a lot of people that say Colombians are happy.  Then they marry a gringo and go to the US where people aren't as friendly or happy.

I have always thought that a lot of Colombians that marry foreigners would rather live in Colombia.

I don't think any of these  guys married a hottie.  Sure, they were attractive but nothing like model quality. The two guys that did the annulment were married to women in their thirtys with children.

[Joeylikey]

I think it's a combination of everything why the women have a hard time here. My wife is having a difficult time adjusting. The only thing she likes about Southern Calif. is the climate. The food, the people, the culture are totally different. One thing she hates the most is the large population of Mexicans here. She is constantly harassed by mexican males. Hey chica chica..... She loves going to the gym but there is always that one Mexican guy that approaches her. I have to babysit or otherwise I would be there. She gets a lot of stress from her family. They miss her and want her to move back. I'm being supportive throughout this process but can only do so much.  

[conocerme]

Some women are hotties to one guy and not the other. For the life of me I don't get the Jennifer Lopez thing. She does absolutely nothing for  me.  I can sit in ChipiChape mall one afternoon and see much more attractive women than her in my opinion.
 
 If you marry a Calena or Costena you should live in one of three places in the US.  South Florida, South Florida, or South Florida.

I agree with a lot of people that say Colombians are happy.  Then they marry a gringo and go to the US where people aren't as friendly or happy.

I have always thought that a lot of Colombians that marry foreigners would rather live in Colombia.

Oh, I understand now that you are living in Cali.  

My wife and I live in Denver.  I actually think she's pretty happy with the climate here.  There's nothing finer than a summer in the Rockies to me and her.  Winters are relatively mild here in Denver (but don't let that information get out.  too many people moving here.)

Her sister married a plumber who lives in Wisconson.  She actually had the benefit of spending two months of the winter down in Cali last winter though.

I agree with what you say about Colombians wanting to live in
Colombia.  My wife would probably prefer we retire down there.

Thanks for the information -
conocerme