Will a restraining order affect a permanent conditional resident from removing conditions?

Asked about 2 years ago - Glenwood Springs, CO

In divorce proceedings now, and do not want to help ex-husband apply for a waiver (he has one more year left of his 2 year visa). Do not want to help because I am his sponsor and I don't want to be financially responible for him, and I am afraid he will be vindictive in trying to sue me for financial support. Considering restraining order as he has come to my house several times, pleading for me to take him back.

Attorney answers (4)

  1. Laura L Lichter

    Contributor Level 13

    6

    Lawyers agree

    Answered . The removal of conditions phase is about the past, not the future: whether the marriage was real at its inception, not whether it is viable going forward. Many marriages don't work out, for a variety of reasons. The immgiration issues may--or may not--come into play.

    You should be aware that the affidavit of support you signed when you initially sponsored your spouse survives a divorce and may carry some financial obligations, but you are not obligated to participate in his petition to remove conditions. That petition can be filed with you (so long as you are still married) or without (either before or after a divorce).

    If his continuing to contact you is not OK, you can explore a restraining order, but if you are not concerned about safety issues, perhaps you could get some input from your divorce attorney?

    This answer provides only general information and may not be relied on as legal advice. To find an immigration... more
  2. Mani Khavajian

    Pro

    Contributor Level 16

    5

    Lawyers agree

    Answered . I agree.

    This is general information and not legal advise. This communication does not create a lawyer-client relationship.
  3. J Charles Ferrari

    Contributor Level 20

    5

    Lawyers agree

    Answered . Affidavits of Support are contracts with the US government wherein the person who signed them agrees to reimbures the Federal government for the costs of certain means tested benefits, if the immigrant requires and is given those benefits. The US government can sue to obtain that reimbursement.

    Affidavits of Support cannot be withdrawn once accepted by the government. They remain in effect until one of the following events take place:
    1. The person for whom it was filed has legally worked for 40 quarters in the US.
    2. The person for whom it was filed becomes a US citizen.
    3. The person for whom it was filed permanently leaves the US.
    4. The person for whom it was filed dies.
    5. The person who submitted the Affidavit of Support dies.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  4. Theodore G Hess

    Contributor Level 3

    1

    Lawyer agrees

    Answered . A restraining order will not directly affect your husband's ability to remove the condition on his two-year permanent residence card; however, a divorce will. If you are divorced by the time your husband needs to apply to remove the condition, then your husband will have to file for a waiver of the requirement to file a joint petition. In order to get a waiver, he must show that the original marriage was entered into in good faith (but later fell apart) or extreme hardship to himself, if he were to be removed. There are some related grounds for a waiver as well. If the husband obtains the waiver, then you will still be responsible to the government under your support contract. Happily, it would be a rare case in which your husband actually received any reimbursable benefits and even if he did, these contracts are rarely enforced. Your safety should be your concern in seeking a restraining order. You no longer control whether or not the husband keeps his permanent resident card.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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