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  1. #1
    Join Date
    Jun 2011
    Posts
    21

    Default Adjustment of Status Wife Now Wants Divorce Before Interview

    I file i 485 along with other aplications i 130, i765, i131 and affadavit of support . .We have the marriage interview in a few days and we have marital problems and she wants divorce. She does not want to attend the interview. Will i be responsible for support her to the 125% federal povert level permanently since i filed affadavit of support and my father filed as a second support. Do we just not go to the interview so it can be denied and it will be the end of that? Do i have to contact USCIS to notify them of our divorce plans? Help please

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: AOS Wife Now Wants Divorce Before Interview

    I think we just answered this

    Let's separate the two issues.

    First, you must inform Immigration that you're withdrawing the I-130, I-485 and I-864 based upon your recent separation and upcoming divorce. It has previously been recommended that you do attend the interview, if only to explain in person and get it on the record there too. However, legally you don't have to attend the interview - if neither of you attend there is a good chance the petition will be denied by default. If it were me, I'd have the letter in my hand AND be attending the interview to actually speak with an agent.

    Now for the support issue.

    If you successfully withdraw the I-864 - which should not be an issue - you have no responsibility at all and neither would your father.

    If for some reason you cannot withdraw the I-864 - and I cannot see a reason why the request would be denied - then you and your father could be liable to support her (specially if she's not working) up to 125% of the Federal Poverty Level; this is currently a little over $1000/month. If she's working, you would pay the difference between her earnings and the FPL.

    For example:

    If she earns $600/month, you (and your father) would be responsible for $400/month.

    Now please also bear in mind that this is NOT automatic - she would actually have to sue you/request alimony based on the I-864.

    Does that make it a bit clearer?

    I know it's complicated.

  3. #3
    Join Date
    Jun 2011
    Posts
    21

    Default Re: AOS Wife Now Wants Divorce Before Interview

    yes thank you i wanted to post on this forum i will write to them and not attend thanks again for letting me know this i was completly unaware of this

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: AOS Wife Now Wants Divorce Before Interview

    You're very welcome - and good luck, no matter what happens!

    Actually, if it's not too much trouble would be able to update us as to what happens?

    That could actually help many others who might read this

  5. #5
    Join Date
    Jun 2011
    Posts
    21

    Default Re: AOS Wife Now Wants Divorce Before Interview

    yes i will do that

  6. #6
    Join Date
    Jun 2011
    Posts
    21

    Default Re: AOS Wife Now Wants Divorce Before Interview

    What if i go ahead and we go to the interview and everything goes fine and she gets approved. I would like that so she can get her permanent residency and she can be ok and have a good life with my baby. And in the future we get divorced after she gets approved. Would i and my father still be responsible to support her up to 125% of the FPL. Would the divorce cancel the affadavit of support after she has been approved?

  7. #7
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: AOS Wife Now Wants Divorce Before Interview

    NO!

    Once she's approved - that's it. Even if you get divorced in the future, she can sue you for that support.

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