I feel it was a fraudulent marriage

[Lili 3]

Nevermind, it appears I am wrong sorry.

From the I-864 instructions:

"Your obligation to support the immigrant(s) you are sponsoring in this affidavit of support will continue until the sponsored immigrant becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work in the United States.Although 40 qualifying quarters of work (credits) generally equate to ten years of work, in certain cases the work of a spouse or parent adds qualifying quarters. The Social Security Administration can provide information on how to count qualifying quarters (credits) of work.The obligation also ends if you or the sponsored immigrant dies or if the sponsored immigrant ceases to be a lawful permanent resident and departs the United States. Divorce does not end the sponsorship obligation."

[Eagleeye 1]

There are three ways, the I-864 will be null and void:

1- he remarries

2- he becomes a US citizen

3- he dies

The only time you can withdraw the I-864 is if the green card has not yet been approved.

"He has the 2 year green card not the 10, he is marrying in his country I believe as we speak sooo... after he marries am I still resposible?

Just wondering has USCIS actually ever gone after any USC holding them responsible for their beneficary's where about? My thinking is that the only time you would be "held responsible" is if any of the above listed occurs or they get deported.

[diadromous mermaid 36]

There are three ways, the I-864 will be null and void:

1- he remarries

2- he becomes a US citizen

3- he dies

The only time you can withdraw the I-864 is if the green card has not yet been approved.

Untrue, Lili.

There are several ways that the USC sponsor will be relived of the obligation under the Affidavit of Support, but remarriage is not one of them.

[diadromous mermaid 36]

In our divorce papers it was listed that on various nites he didn't come home that he started a romantic relationship with another woman.

He moved out of my home into another womans home. He since left that relationship and is presently marrying another woman in his own country.

Did I say enough!!

I feel for your disappointment, but marrying another woman, even if it is done inside 1 year of marrying you isn't necessarily evidence of fraudulent intent.

Re read - in OUR DIVORCE papers. That first sentence above is in our signed papers

It doesn't matter. There are plenty of adulterous aliens; adulterous US citizens too, but unfortunately that does not necessarily prove the initial intent was to use your marriage to gain residency. It is circumstantial, and of course some circumstantial evidence can be used to paint a picture, but relying on that will not prove your case.

There are three ways, the I-864 will be null and void:

1- he remarries

2- he becomes a US citizen

3- he dies

The only time you can withdraw the I-864 is if the green card has not yet been approved.

He has the 2 year green card not the 10, he is marrying in his country I believe as we speak sooo... after he marries am I still resposible?

Yes.

[redbarn 0]

There are several ways that the USC sponsor will be relived of the obligation under the Affidavit of Support, but remarriage is not one of them.

Can you elaborate please

[JenT 0]

There are several ways that the USC sponsor will be relived of the obligation under the Affidavit of Support, but remarriage is not one of them.

Can you elaborate please

See Lili's post in this thread, #16

[redbarn 0]

So I forget in what instances might I be liable to shell out money. For example this ex of mine hada good job took vacation then never went back to work. I'm hoping that they fire him rather then lay him off. If he is laid off and tries to collect unemployment am I liable to pay for it? I encourged him in this job, spoke to his boss about getting additional training etc. And then he screws it up by not calling or going to work. So if he applies for unemployment does that effect me? and what other stuff effects me.

[diadromous mermaid 36]

So I forget in what instances might I be liable to shell out money. For example this ex of mine hada good job took vacation then never went back to work. I'm hoping that they fire him rather then lay him off. If he is laid off and tries to collect unemployment am I liable to pay for it? I encourged him in this job, spoke to his boss about getting additional training etc. And then he screws it up by not calling or going to work. So if he applies for unemployment does that effect me? and what other stuff effects me.

Unemployment is not a federal means-tested benefit, so you would not be liable.

[morocco4ever 63]

Diad is correct, the fact that he had an affair then married a woman from his country is not significant proof that his intentions were not ligit to begin with. I certainly understand how you feel, and you are probably correct that he was only after the GC, but proving that can be difficult. Sorry things turned out the way they did.

[redbarn 0]

Diad is correct, the fact that he had an affair then married a woman from his country is not significant proof that his intentions were not ligit to begin with. I certainly understand how you feel, and you are probably correct that he was only after the GC, but proving that can be difficult. Sorry things turned out the way they did.

As I said there are other things that point to fraud that I do not feel comfortable sharing at this time. At the time that these things happened I didn't realize them as I bought his excuses.

[redbarn 0]

1. I was wondering do I need to let INS know that we divorced and if so do I include the divorce papers?

2. If I write INS that I believe it was a fraudulent marriage what will they do with that info?

3. If he is out of the US and tries to come back in will he be permitted if INS is told the marriage was fraudulent?

1. It depends. You have no obligation to inform USCIS, and when he applies to remove conditions, he will inform USCIS by way of the type of I-751 he would file. But if you wish to bring attention to your concern that you feel his intentions upon entering the marriage were not genuine, then yes, by all means do so. I would caution you that now that you are divorced, any information concerning his immigration process or status would not be divulged to you, unless your testimony would be key to a fraud investigation.

2. The information would be placed in his A file, and depending upon how convincing the evidence you present is, he may be interviewed at the next stage in his process. You may even be asked to present a sworn statement, too.

3. Yes he will be permitted to return, even if USCIS has received notice that you suspect this was a case of unilateral fraud. Of course, based upon what you might share, were USCIS to move to rescind (very doubtful) but chances are USCIS would await his application to remove conditions prior to making any nest step. Were he to submit a wiaver, and there were sufficient evidence to show that he entered the marriage fraudulently, if he is out of the country when a subsequent I-751 waiver is adjudicated, and the decision is to deny, then he would not be able to re-enter.

diadromous mermaid you write that the info will be placed in his A file. Do they sit on the info and wait for him to file the I-751 before contacting him? Will they follow up with me first?

Are there any threads that detail a person reporting fraud? Again please do not thing that this is just over infidelity. As I stated there are things that I can't mention at this time that I truely believe point to fraud.

[morocco4ever 63]

Diad is correct, the fact that he had an affair then married a woman from his country is not significant proof that his intentions were not ligit to begin with. I certainly understand how you feel, and you are probably correct that he was only after the GC, but proving that can be difficult. Sorry things turned out the way they did.

As I said there are other things that point to fraud that I do not feel comfortable sharing at this time. At the time that these things happened I didn't realize them as I bought his excuses.

Understood, and you don't owe us anything. If you have concrete proof this should help you. Diad is a great resource of information. Good luck.

[payxibka 10,047]

There are several ways that the USC sponsor will be relived of the obligation under the Affidavit of Support, but remarriage is not one of them.

Can you elaborate please

See Lili's post in this thread, #16

Other than one of the 3 listed by Lili was incorrect..

I think the following list is a summarization of the qualifying events:

1) Alien accumulates 40 quarters on work

2) Alien becomes a USC

3) Alien leaves the country permanently

4) Alien dies

5) USC dies

marriage or re-marriage does not make the list.

[JenT 0]

There are several ways that the USC sponsor will be relived of the obligation under the Affidavit of Support, but remarriage is not one of them.

Can you elaborate please

See Lili's post in this thread, #16

Other than one of the 3 listed by Lili was incorrect..

I think the following list is a summarization of the qualifying events:

1) Alien accumulates 40 quarters on work

2) Alien becomes a USC

3) Alien leaves the country permanently

4) Alien dies

5) USC dies

marriage or re-marriage does not make the list.

I referenced post 16 not post 14.... post 16 is correct.

[Lili 3]

lol Maybe I should scream out loud. Post 16 replaces my post 14 which was wrong.

For some reason, I believed wrong but went to double check the good old instructions.

Can we bring this topic back to Jen, please? She needs it. There is no need to point out billion times i am wrong when I already said prior to your comments that I was wrong. Read the whole thread, peeps!

Jen,

I know it hurts right now. But think about yourself. Be selfish! Talk to USCIS if you have proof it was a fraudulent marriage then starts the healing process. You owe it to yourself!

((((((hugs)))))