Immigration Site

I have been married for 5 years and have an unconditional green card, We are divorcing and I want to return to the uk, but we have a child born in the usa so right now I am being told I cannot leave with her.
* Would uscis revoke my green card because I cannot support myself? I have never worked in this country nor do I have a high school diploma or ged.
* How far does the sponsors financial obligation go?
does he have to support me or just reimburse government if I claim benefits?
* If he cannot support me can I go home? Will they consider our debt or just his income when determining poverty level?

If he directly* sponsored you for the green card, you could sue him to support you according to the requirements of the Affidavit of Support. It would require him to provide enough support to bring you to 25% above the poverty line (they adjust for your own assets and income, so he only has to provide the difference). That support obligation continues until you become a US citizen, or accumulate 40 credits for Social Security (by working for 10 years**), or you leave the US and lose your permanent resident status.


*i.e. he filed a direct petition for you, it wasnt a situation where you were indirectly sponsored by his employer or the relative who sponsored him

**during the years you didnt work, you get some credit for years when you were married to him if he was working during that time.

If he directly* sponsored you for the green card, you could sue him to support you according to the requirements of the Affidavit of Support. It would require him to provide enough support to bring you to 25% above the poverty line (they adjust for your own assets and income, so he only has to provide the difference). That support obligation continues until you become a US citizen, or accumulate 40 credits for Social Security (by working for 10 years**), or you leave the US and lose your permanent resident status.


*i.e. he filed a direct petition for you, it wasnt a situation where you were indirectly sponsored by his employer or the relative who sponsored him

**during the years you didnt work, you get some credit for years when you were married to him if he was working during that time. So does he have to give me money or just repay the government for any benefits i use? The point is , I dont want to stay in the usa but im stuck here until (and if) the courts say I can move with my child. How does that last bit work? the credit for years i didnt work? I havent worked in 5 years and he has been emplyed for four of those years

Also I have no idea about the poverty line (im in texas, and it would be me and my child) , all I know is i have nothing out here, no medical care for me or my child, and i cant apply for benefits because he would have to pay the government back what i claim.

So does he have to give me money or just repay the government for any benefits i use? Either one. You can apply for government benefits, and then the government can go after him to be reimbursed for some or all of what they gave you. Or you can sue him directly.

The point is , I dont want to stay in the usa but im stuck here until (and if) the courts say I can move with my child. Unless he has been so abusive that the court will permanently terminate his parental rights, forget about being about being able to take the child outside the US unless he voluntarily gives that permission. Its very difficult even to get the court to agree to let the child move to another state in the US. You wont be allowed to take the child abroad even for a vacation, unless he agrees.

How does that last bit work? the credit for years i didnt work? I havent worked in 5 years and he has been emplyed for four of those years I dont know the details of how that works ... it can get complicated and youll have better luck asking that question on a Social Security forum. But my basic understanding is that you probably would be credited with some or all of 4 years because you were married to him during those 4 years. So you wouldnt have to work the full 10 years yourself to qualify for Social Security benefits.

Also I have no idea about the poverty line (im in texas, and it would be me and my child) , all I know is i have nothing out here, no medical care for me or my child, and i cant apply for benefits because he would have to pay the government back what i claim. If youve held a green card for at least 5 years, you could qualify for benefits if you met the other necessary conditions. The governments ability to make him pay back the money doesnt prevent you from receiving the benefits.

For the poverty line numbers, see http://aspe.hhs.gov/poverty/11poverty.shtml . He is supposed to maintain you at 25% above the poverty line.