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What rights I have to make my husband to sponsor me and my daughter? What does it change if we have a co-sponsor too?

Houston, TX |

My husband abandoned me and my daughter shortly after we entered the US.Before we lived in S.Korea.We married there and remained married for 22 months. First year we survived because I borrowed the $$ for it,and the debt is mine.My friends gave as a car to use and a room to stay. After more then one year my husband appeared and started to help us out, we got cars (financed) and leased an apartment. Now he again disappeared.He works and hids in China. I am studying (in order to have a normal life and work as a professional RN-nurse) and work hard to make a living for me and my daughter who study in college. We never had a medical insurance and try to manage our health issues. What if anything happened and we need to go under surgery or ect? What rights we have having a sponsor?

I am in a process of changing my status from conditional to a permanent, I filed it in April last year. I didn't get the 10 year green card yet. I didn't file for divorce yet either, because it is not a priority now. My husband is my sponsor,his friend is a co-sponsor, because my husband was(and continue now) working for a foreign company. We were married in S.Korea in Sep 2007,I entered US in July 2009,

Attorney Answers 4

  1. You cannot force anyone to sponsor you for a green card. It is important to know how you came to this country. If you came on a visitors visa, then you may be in overstay by now and may need to go back. Have you already filed your visa paperwork? Has he already been listed as a sponsor? If so, anda you are only worried about support, you should consult a family law attorney who can advise you on how to get your husband to sponsor you. Be aware that if you are a green card holder, and if you are still under conditions, then a divorce action could have an adverse impact on your immigration status.

    The opinions expressed in this answer are meant for educational and public service purposes. Requesting general information about the law on a public website should never be a substitute for a personal consultation with an attorney who can give specific legal advice tailored to the facts of an individual case. Please be aware that Robert Hogan is licensed only in Texas and New Mexico, and that any opinions given are not meant to apply outside of these states. No attorney-client relationship is intended by answering questions or emails.

  2. I do not understand what you mean by "rights." You cannot force someone to petition someone else. The Affidavit of Support does not give you any rights. The Affidavit of Support is a contract between the signer and the US government, giving the government the right to seek reimbursement if you use certain means tested benefits.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

  3. If you already have your conditional greencard then you can file to remove the conditions on your own. You will need to be divorced to do this and you will need to show that you entered into the marriage with good intent and not to obtain an immigration benefit.

    Contact an experienced immigration attorney to assist you.

  4. The divorce will need to be a priority, since you cannot file what is called a self petition to remove the condition until you are divorced.

    I strongly recommend an appointment or teleconference with an experienced immigration attorney. You should make immigration a priority.

    You will need to prove that you and your husband married in good faith based upon love and mutual respect. Otherwise, you and your daughter may be denied and referred to immigration court for deportation.

    This is general information, not legal advice, and does not create an attorney client relationship.

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