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  1. #1
    Join Date
    Sep 2013
    Posts
    1

    Default Spouse Won't Consent to Divorce Before She Gets Citizenship

    My question involves a marriage in the state of: California

    I got married to my wife four years ago in CA. She's a foreign national and she got a ten-year visa based on our marriage.

    Over the last year, our relationship has soured, as many marriages do. I do not have any desire to be married to her anymore, and want a divorce; however, she is holding out that she won't sign papers for it until she gets her citizenship. I moved out, and she sent in papers anyway to start the citizenship process; now, USCIS wants proof of her traveling to see me and me to see her, of joint finances, etc; this proof doesn't exist, because it's not true.

    She's now threatening to "ruin my life" if I don't play along with her; I have literally hundreds of texts back and forth with her in which I tell her repeatedly that I want a divorce, and texts from her stating that she'll make sure I regret this, she'll ruin my life, admitting that she lies to me habitually to get what she wants and chiding me for falling for it, etc.

    What really gets me is that she still has about nine years left on her greencard... she just wants to work for the TSA because one of her family members told her it was a "good job," and she needs to be a citizen to work for them. She initially agreed to the divorce but reneged on it after that conversation. The TSA of all things...

    What sort of recourse do I have here? She's stated that if I file for a divorce and try to have her served, she won't sign for it. This whole thing is eating me alive.

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

    Default Re: Divorce from Non-Citizen Spouse Turning Ugly

    You signed the I-864 Affidavit of Support didn't you?

    It's actually in YOUR best interest to help her get citizenship. Why?

    Because otherwise, she could have the court enforce that I-864 and you'll be on the hook to support her until she meets one of these conditions:

    1. She dies
    2. You die.
    3. She naturalizes
    4. She abandons her residency
    5. She earns 40 qualifying SS quarters.

    Divorce does NOT relieve you of that obligation. What you actually signed is a contract, between you and the US Government, promising that she will not become a public charge.

    In recent years, it has become more and more common for the sponsored immigrant to sue for that support - and every single case has gone in their favor.

    Help her naturalize - and you're off the hook.

    - - - Updated - - -

    (Additional info: That support could be 125% of the Federal Poverty Level)

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Divorce from Non-Citizen Spouse Turning Ugly

    Here, though, the wife is being stupid. She has submitted fraudulent claims to the USCIS and wants her spouse to back up her false claims.

    Getting divorced does not of itself mean that you cannot obtain citizenship if you enter into a marriage in good faith. ("Generally, you may apply to remove your conditions on permanent residence if:... You entered into a marriage in good faith, but the marriage was ended through divorce or annulment.) But getting caught lying to the USCIS about your separation, under exactly the same facts, can get you deported.

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