aos marriage

[iuy87]

i got my conditional green card through my husband, now he is demanding that i financially take care of him or he will call immigration and tell them the marriage is a fraud.

Questions
1. i didnt use him for affidavit of support, will he be still be able to withdraw the application
2. what is the consequence if he actually report fraud, will he go to jail. the marriage wasn't a fraud on my end.
3. when it is time for taxes suppose he say that he is single would he get in trouble with the IRS

[Turk]

i got my conditional green card through my husband, now he is demanding that i financially take care of him or he will call immigration and tell them the marriage is a fraud.
Questions
1. i didnt use him for affidavit of support, will he be still be able to withdraw the application

Since you already have your conditional card, are you referring to application for removing condition on your card? As far as I know, that is a joint application with USC being petitioner. So it makes sense that he may be able to stop it.

2. what is the consequence if he actually report fraud, will he go to jail. the marriage wasn't a fraud on my end.

If he reports that it was a fraud, he will have to defend himself too. If a USC found to be committing fraud, the laws say it's either jail up to 5 years or up to $250k fine.

3. when it is time for taxes suppose he say that he is single would he get in trouble with the IRS

One could file as single... However, IRS won't want anyone declare themselves single when they are married. They will come after you, one day or another.

[newacct]

He cannot force you to financially support him or do anything else. He doesn't own you.

He can tell immigration whatever he wants, but that doesn't mean they will believe him. They know that bitter exes often claim fraud out of spite. Whether the marriage is a fraud is judged on the facts.

He did do an Affidavit of Support for you -- the petitioner must have completed an Affidavit of Support, even if their income is not sufficient to qualify and there is a joint sponsor who completes another Affidavit of Support. But that is not relevant now as the Affidavit of Support was only used in the process of getting your green card. That is over -- you already have your green card -- the Affidavit of Support can no longer be "withdrawn".

As a conditional permanent resident, you have to file for Removal of Conditions (or you may already be in the middle of it), and he can refuse to file a joint ROC with you (or, if it is already filed, he can withdraw it). However, that does not mean you lose your permanent residency. You can file ROC by yourself on the basis of divorce.

[LaLa88]

Sorry to be blunt but that is just petty. What kind of grown man threatens his wife for money? Just so you know, when you both had the interview it was under oath, so if he does claim it is fraud there are consequences for that. I would consult with an attorney to see what your options are.

[iuy87]

Sorry to be blunt but that is just petty. What kind of grown man threatens his wife for money? Just so you know, when you both had the interview it was under oath, so if he does claim it is fraud there are consequences for that. I would consult with an attorney to see what your options are.

i reminded him that! for sure I'm going to consult a lawyer...

- - - Updated - - -

He cannot force you to financially support him or do anything else. He doesn't own you.

He can tell immigration whatever he wants, but that doesn't mean they will believe him. They know that bitter exes often claim fraud out of spite. Whether the marriage is a fraud is judged on the facts.

He did do an Affidavit of Support for you -- the petitioner must have completed an Affidavit of Support, even if their income is not sufficient to qualify and there is a joint sponsor who completes another Affidavit of Support. But that is not relevant now as the Affidavit of Support was only used in the process of getting your green card. That is over -- you already have your green card -- the Affidavit of Support can no longer be "withdrawn".

As a conditional permanent resident, you have to file for Removal of Conditions (or you may already be in the middle of it), and he can refuse to file a joint ROC with you (or, if it is already filed, he can withdraw it). However, that does not mean you lose your permanent residency. You can file ROC by yourself on the basis of divorce.

ok, i just got the 2 year green card last month. i was reading about removing the conditions based on divorce that seems complex. ill probably have to consult a lawyer. thanks for ur input