Family Based GC Application - Affidavit of Support

[0__0]

Hi All,

All answers are appreciated in advance. My friend is married in May 11 and his wife has a GC and he is on H1-B. Back then she had GC, they filed for I130 and it was approved. They are going through some hardship / misunderstandings and his wife does not want to sponser his GC now. But earlier she said that she would support him no matter what but now she says no. So the question is if she files for the GC how long does she need to support him? Does the 40 quarters start form the day he started to earn / The day they are married / The day affidavit is signed ?

[JoeF]

If she signed an affidavit of support, she is bound by it, until the sponsored has worked for 10 years or has become a US citizen.

This requirement starts from the GC approval.

[pontevecchio]

Is this a case of a person with a conditional GC or does he even have the GC as of now?

[0__0]

Current Status :

He currently holds an H1-B.

Wife currently holds an Green Card.

They have an approved i-130. Waiting for the priority date to get current.

@Pontevecchio : What do you mean by conditional green card ?

@JoeF : Do you mean from the time they both have green cards in hand? Please re-phrase.

Thank you both in advance.

*_*

[JoeF]

What do you mean by conditional green card ?

If the couple is married for less than 2 years, the GC would be conditional, based on the continuing marriage, and the conditions have to be removed later.

Do you mean from the time they both have green cards in hand? Please re-phrase.

The 10 years start from the beneficiary's GC approval.

[t75]

It sounds like he does not have a GC. However, OP, MYOB. Their problems should be between them. She is not required to sponsor him even if they were to remain married.

[pontevecchio]

May 11 to May, 26 would seem to be a record for a breakup of a marriage. If there is a divorce there is no question of getting the GC.