Legal Question in Immigration Law in Georgia

My spouse came to the u.s. on cr-1 visa. After 1 week in the u.s. he was arrested for aggravated assault (felony) on me and it is currently pending. I am the usc. I filed for divorce within one month and he refuses to cooperate though we have a contested hearing in one month. Now i have been told that he plans to let the divorce default and just remarry a person he is having an affair since arrival and who is also a usc. We have no property together, no kids together, etc. He has not updated his address with uscis and doesn\'t live with me (i\'ve notified uscis of this whole situation). Will I still be responsible for the I-864 if he remarry another usc and what could happen in this whole matter? This is a clear case of marriage fraud since he refused any sort of counseling, left our home after 1 week after arrival to the u.s. (after bonding out of jail a few days later) and won\'t sign any divorce paperwork.\n\nThanks.


Asked on 7/29/09, 10:22 am

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

I am sorry to hear about this situation.

Yes, you will be still responsible for him financially even after divorce and if he remarries (I-864 Affidavit of support will be still valid).

If your husband is convicted for a crime of domestic violence, he will become deportable and can be deported. If he is deported, your obligations as a sponsor will end.

If you obtain an annnulment insted of divorce (e.g. based on a fraud), then his green card can be revoked.

Attorney [@] law-visa-usa.com

www.law-visa-usa.com

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Answered on 8/03/09, 1:46 pm


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