What to do about divorce and a green card?

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What to do about divorce and a green card?

My husband of over 5 years quit his job and filed for divorce. He petitioned me to come to this country and filed an affidavit of support. I was not able to work because he didn’t file for my greencard which would have allowed me to work. Can I ask the judge to have him look for a job and ask for support since he is financially responsible for me through the affidavit of support that he signed for me?

Asked on February 9, 2012 under Immigration Law, California

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The affidavit of support does not mean that he will support you; it is a contract between him and the government promising that, in the event you receive means-tested public assistance from the government, your husband promises to reimburse the government for those expenses.  If you are married and he is filing for divorce, you need to speak with a family law attorney to understand what your rights are as far as property division and spousal support.


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