united-states immigration
Is a spouse financially responsible for another spouse after a divorce, even after the removal of Green Card conditional status?
<p>I’m a U.S. citizen, and my spouse came on a K1 visa. We married on June 1, 2020. Then my spouse got a Conditional Green Card in December 2020.</p>
<p>We divorced in August 2021.</p>
<p>Obviously I’m not going to help my ex with removing the green card conditional status. Anyway, my spouse has this conditional green card. But I’m worried. Am I on the hook because of the I-864 Affidavit of Support, and a bunch of other “support my spouse” documents?</p>
<p><strong>If my spouse applies for removing of condition, and gets a “normal” green card, am I going to be on the hook still? Or will her “normal” green card invalidate my “on the hook” condition?</strong></p>

<p>Yes, it appears so.</p>
<p>The ways that your obligations under an affidavit of support can be terminated are found in <a href="https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-213a/section-213a.2#p-213a.2(e)(2)" rel="nofollow noreferrer">8 CFR §213a.2(e)(2).</a>  There are five options:</p>
<ol>
<li>The immigrant (your ex-spouse) becomes a US citizen.</li>
<li>The immigrant works for 40 quarters (10 years), earning enough money to be covered under Social Security during each of those quarters, and not receiving any means-tested public assistance during that time.</li>
<li>The immigrant abandons their green card status and departs the US.</li>
<li>The immigrant is subject to removal, but successfully applies for adjustment of status in the removal proceedings and (as part of this adjustment of status) a new affidavit of support is agreed to.</li>
<li>The immigrant dies.</li>
</ol>
<p>The removal of the conditional status of your spouse's green card doesn't change your obligation.  The conditional green card reflects the fact that you were married to your spouse for less than two years;  and whether or not a spousal immigrant requires an affidavit of support is largely independent of how long they've been married.  In other words, if you had been married for more than two years before you came to the US, your spouse would have always had a &quot;normal&quot; green card.  But they still probably would have been required to provide an affidavit of support from you, agreeing to the same terms.</p>
