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Filed: Timeline
Posted

My husband came in on a K-1. We married, he adjusted status, we divorced. If he makes application to remove conditions (by at least 3 months prior to his 2 years) do I have a legal right to know? I ask as I am responsible for him for 10 years since I'm the one who signed the paperwork.

Filed: K-1 Visa Country: Brazil
Timeline
Posted (edited)
My husband came in on a K-1. We married, he adjusted status, we divorced. If he makes application to remove conditions (by at least 3 months prior to his 2 years) do I have a legal right to know? I ask as I am responsible for him for 10 years since I'm the one who signed the paperwork.

He can file for I-751 removal of Conditions alone, even ahead of the 90 day window since he is now divorced. He does not need your signature on any papers now that you are divorced. Do you have a legal right to know? No. The I-751 reminder letter arrived in his name, not yours. Immigrations is not concerned about you. It is all about him. Should he have the courtesy to let you know? Sure.

I believe that after divorce, you are not financially responsible for him anymore. I know about the paper that we all signed - him not becoming a public charge, etc. But in the event of divorce and before I-751, I don't belive the financial responsibility remains in your hands.

Check this out.

http://www.visajourney.com/forums/index.php?showtopic=196266

Edited by joeyjoey

Fernanda's Timeline

K-1

June 2, 2006 - Mailed K1 Petition

Jun 28, 2006 - NOA1

Oct 05, 2006 - NOA2 - APPROVED after 122 days

Dec 05, 2006 - Received Packet 3 from Consulate

Dec 11, 2006 - Medical Examination in Belo Horizonte

Jan 10, 2007 - Returned Packet #3 to Consulate (SEDEX-10)

Mar 13, 2007 - INTERVIEW SUCCESS! We have our K-1 VISA !!

POE & Texas Wedding

Mar 27, 2007 - POE Houston, TX. No questions. Gone in 10 minutes.

Mar 28, 2007 - Marriage License app

April 4, 2007 - Our Wedding Day!

April 12, 2007 - Apply for SS card with married name

April 20, 2007 - Received SS card

AOS

June 4, 2007 - Mailed AOS

June 6, 2007 - USCIS received

June 11, 2007 - NOA1 for I-485

July 18, 2007 - Biometrics completed

July 20, 2007 - Case transferred from MSC to CSC

July 31, 2007 - AOS Approved - 57 days - Without an Interview!

Aug 06, 2007 - Received Green Card in the mail today!

Jan 8, 2009 @ 8:18PM - Our son was born tonight !!

I-751 - Remove Conditions

July 11, 2009 - Certified Mail to VSC I-751 Package

July 14, 2009 - Check cleared bank

July 20, 2009 - NOA1 & 1 yr extension - Receipt date is July 14. Case# assigned

Sept 1, 2009 - Biometrics completed

Nov 25, 2009 - I-751 is approved. No Interview.

Dec 14, 2009 - 10yr Green Card arrived !

Filed: K-1 Visa Country: Brazil
Timeline
Posted
My husband came in on a K-1. We married, he adjusted status, we divorced. If he makes application to remove conditions (by at least 3 months prior to his 2 years) do I have a legal right to know? I ask as I am responsible for him for 10 years since I'm the one who signed the paperwork.

He can file for I-751 removal of Conditions alone, even ahead of the 90 day window since he is now divorced. He does not need your signature on any papers now that you are divorced. Do you have a legal right to know? No. The I-751 reminder letter arrived in his name, not yours. Immigrations is not concerned about you. It is all about him. Should he have the courtesy to let you know? Sure.

I believe that after divorce, you are not financially responsible for him anymore. I know about the paper that we all signed - him not becoming a public charge, etc. But in the event of divorce and before I-751, I don't belive the financial responsibility remains in your hands.

Check this out, maybe it'll help.

http://www.visajourney.com/forums/index.ph...s-immigration-d

Fernanda's Timeline

K-1

June 2, 2006 - Mailed K1 Petition

Jun 28, 2006 - NOA1

Oct 05, 2006 - NOA2 - APPROVED after 122 days

Dec 05, 2006 - Received Packet 3 from Consulate

Dec 11, 2006 - Medical Examination in Belo Horizonte

Jan 10, 2007 - Returned Packet #3 to Consulate (SEDEX-10)

Mar 13, 2007 - INTERVIEW SUCCESS! We have our K-1 VISA !!

POE & Texas Wedding

Mar 27, 2007 - POE Houston, TX. No questions. Gone in 10 minutes.

Mar 28, 2007 - Marriage License app

April 4, 2007 - Our Wedding Day!

April 12, 2007 - Apply for SS card with married name

April 20, 2007 - Received SS card

AOS

June 4, 2007 - Mailed AOS

June 6, 2007 - USCIS received

June 11, 2007 - NOA1 for I-485

July 18, 2007 - Biometrics completed

July 20, 2007 - Case transferred from MSC to CSC

July 31, 2007 - AOS Approved - 57 days - Without an Interview!

Aug 06, 2007 - Received Green Card in the mail today!

Jan 8, 2009 @ 8:18PM - Our son was born tonight !!

I-751 - Remove Conditions

July 11, 2009 - Certified Mail to VSC I-751 Package

July 14, 2009 - Check cleared bank

July 20, 2009 - NOA1 & 1 yr extension - Receipt date is July 14. Case# assigned

Sept 1, 2009 - Biometrics completed

Nov 25, 2009 - I-751 is approved. No Interview.

Dec 14, 2009 - 10yr Green Card arrived !

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

The I-864 responsibility does not end with divorce once the AOS has occurred. The I-864 instructions specifically state: "Divorce does not end the sponsorship obligation." (Form I-864 Instructions (Rev. 10/18/07)Y Page 3)

Here is a link to an immigration attorney's website that also addresses that question: http://www.alanleelaw.com/english/web_qa/WQA2007-04-09.htm

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Posted
My husband came in on a K-1. We married, he adjusted status, we divorced. If he makes application to remove conditions (by at least 3 months prior to his 2 years) do I have a legal right to know? I ask as I am responsible for him for 10 years since I'm the one who signed the paperwork.

Hi there your ex-husband he didnt need your signature to get his 10 years green card, he can remve the condition in his own, i'm sure he got his 10 years green card by now and you dont have nothing to do with it. can you file you timeline please :unsure:

Filed: Timeline
Posted
The I-864 responsibility does not end with divorce once the AOS has occurred. The I-864 instructions specifically state: "Divorce does not end the sponsorship obligation." (Form I-864 Instructions (Rev. 10/18/07)Y Page 3)

Here is a link to an immigration attorney's website that also addresses that question: http://www.alanleelaw.com/english/web_qa/WQA2007-04-09.htm

Yes this is the information that I have always known but that is not my question. We no longer speak and I'd like to know if I have ANY right to know if he files since I am responsible for him.

Filed: Timeline
Posted (edited)
My husband came in on a K-1. We married, he adjusted status, we divorced. If he makes application to remove conditions (by at least 3 months prior to his 2 years) do I have a legal right to know? I ask as I am responsible for him for 10 years since I'm the one who signed the paperwork.

Hi there your ex-husband he didnt need your signature to get his 10 years green card, he can remve the condition in his own, i'm sure he got his 10 years green card by now and you dont have nothing to do with it. can you file you timeline please :unsure:

We married he applied for his adjustment, received his temporary green card, I kicked him out as he was cheating on me. Filed for divorce and divorce is now final and he has about a year remaining to file to remove conditions. The divorce was final before he started/or will start to remove conditions. He will need to apply by himself. It is my understanding that I'm still resonsible for him for 10 years.

I recently read that that the USCIS will read our divorce papers if he applies. They might question the validy of the marriage based upon things written in the papers. As I now know that his intentions were not for a bonafied marriage. I have heard that it is very difficult to prove it. I'm at a lose to attempt to prove his lack of intention as he has made threats in the past and and I have resaon to believe that he might act on it. Additionally, he left with no papers of any sort to prove that it was a bonafied relationship. I don't think that he will have the ability to gather the necessary info to apply successfully.

Edited by trees
Filed: Timeline
Posted
My husband came in on a K-1. We married, he adjusted status, we divorced. If he makes application to remove conditions (by at least 3 months prior to his 2 years) do I have a legal right to know? I ask as I am responsible for him for 10 years since I'm the one who signed the paperwork.

I actually disagree with the responses regarding your "responsibility". To answer your question, yes you are still "responsible" for him even after divorce. The word responsible here is a vague term and I am not personally aware of a case where someone as been held responsible for an alien after divorce. The law uses this term as a deterrent and also to make sure that he will not become a public charge, i.e homeless, welfare recipient e.t.c. But as I said earlier, it's not like you are required under law to pay some kind of spousal support for him. If he commits a crime, he will be held responsible not you. So to answer your question on responsibility, your are responsible until he becomes a citizen.

Hi there your ex-husband he didnt need your signature to get his 10 years green card, he can remve the condition in his own, i'm sure he got his 10 years green card by now and you dont have nothing to do with it. can you file you timeline please :unsure:

We married he applied for his adjustment, received his temporary green card, I kicked him out as he was cheating on me. Filed for divorce and divorce is now final and he has about a year remaining to file to remove conditions. The divorce was final before he started/or will start to remove conditions. He will need to apply by himself. It is my understanding that I'm still resonsible for him for 10 years.

I recently read that that the USCIS will read our divorce papers if he applies. They might question the validy of the marriage based upon things written in the papers. As I now know that his intentions were not for a bonafied marriage. I have heard that it is very difficult to prove it. I'm at a lose to attempt to prove his lack of intention as he has made threats in the past and and I have resaon to believe that he might act on it. Additionally, he left with no papers of any sort to prove that it was a bonafied relationship. I don't think that he will have the ability to gather the necessary info to apply successfully.

Filed: Citizen (apr) Country: Canada
Timeline
Posted
I recently read that that the USCIS will read our divorce papers if he applies. They might question the validy of the marriage based upon things written in the papers. As I now know that his intentions were not for a bonafied marriage. I have heard that it is very difficult to prove it. I'm at a lose to attempt to prove his lack of intention as he has made threats in the past and and I have resaon to believe that he might act on it. Additionally, he left with no papers of any sort to prove that it was a bonafied relationship. I don't think that he will have the ability to gather the necessary info to apply successfully.

If you are concerned that he did not enter into your marriage in good faith and that he simply used and abused you to get a GC then if I were you, I would write a letter to USCIS letting them know of your concerns.

If he has threatened you or abused you though - you should file a police report so that should you ever have to call for help one dark night, there already is a complaint on file. Don't wait until it is too late.

http://static-forums.visajourney.com/public/style_emoticons/default/timeline.gif

Full timeline can be seen in my profile

 

CURRENT STATE OF AFFAIRS - I-130 petition for married sibling
2016

Jul 5 - Receipt date for I-130 petition for my over 21 brother and his wife (both in the UK)

2024

Feb 23 - Sent USCIS a message asking for a processing update

May 6 - Received an email response saying things were progressing normally but that waiting times might be longer

 

*********************************************
THE OG STORY - From K-1 to Citizenship (a love story)
K-1: Aug 12, 2006 to Jan 17, 2007 - mailed I-129F
AOS: Feb 26, 2007 - Jul 26, 2007
REMOVING CONDITIONS: May 4, 2009 - Oct 3, 2009
CITIZENSHIP: Nov 27, 2012 - May 9, 2013

Note: I immigrated from Canada, not T&T - the timeline is reflective of this.


THE SAGA CONTINUES - IR-5 Story
I-130 for Parents - 2013
Aug ?? - mailed I-130 packages for both mother and father
Sept 10 - NOA1 date
Sept 16 - NOA1s received

2014

Feb 25, 26 & 28 - got emails saying that the cases had been transferred to another office, then to my local office, and then just transferred and are being processed

Mar 17 - got email, attached to one case number only, saying that my A number was changed relating to the I-130 filing

Mar 18 - got emails saying that the petitions are approved http://static-forums.visajourney.com/public/style_emoticons/default/smile.png

2020

Mar 20 - N-400 receipt date for my father
2021

Apr 21 - Biometrics appt.

2022
May 2 - Interview

May 20 - Naturalization ceremony
 



Visit my website Dancing Light Stained Glass Studio to view my work.

Posted

A piece of advice for your sanity: You have suffered enough as is, paying back is no compensation for anything. If you are certain he will not have proof of a bona fide relationship, he will be rejected anyways (although most cases seem to get approved, even under weirdest of circumstances)

Good luck to you, and I hope you will find a better place soon.

We married he applied for his adjustment, received his temporary green card, I kicked him out as he was cheating on me. Filed for divorce and divorce is now final and he has about a year remaining to file to remove conditions. The divorce was final before he started/or will start to remove conditions. He will need to apply by himself. It is my understanding that I'm still resonsible for him for 10 years.

I recently read that that the USCIS will read our divorce papers if he applies. They might question the validy of the marriage based upon things written in the papers. As I now know that his intentions were not for a bonafied marriage. I have heard that it is very difficult to prove it. I'm at a lose to attempt to prove his lack of intention as he has made threats in the past and and I have resaon to believe that he might act on it. Additionally, he left with no papers of any sort to prove that it was a bonafied relationship. I don't think that he will have the ability to gather the necessary info to apply successfully.

Filed: Timeline
Posted
My husband came in on a K-1. We married, he adjusted status, we divorced. If he makes application to remove conditions (by at least 3 months prior to his 2 years) do I have a legal right to know? I ask as I am responsible for him for 10 years since I'm the one who signed the paperwork.

Let me address your concerns. Sorry this happened to you. The best is to move on with your life. You are financially responsible for him till he become a citizen, or finishes certain amount of work quarters, or leaves the country, or dies. You can address your concerns to the CIS, but to prove that his intentions were not bonafide and get him removed will be very difficult. He can remove the conditions by himself, that will be his waiver application, and you have no right to know about his immigration status.

Only if you have pieces of evidence of outright boldfaced fraud or not bonafide intentions his application could be rejected. Also it doesn't depend on how much of evidence he has in his application, its the quality of evidence, even if he has a few but of good quality his application will be approved. CIS wants to see if he had true intentions when you'll got married by supporting evidence that youll did share a married life together. What happened after that is family law...cheating..abuse....your fault my fault etc etc. CIS is not concerned about the reasons why the marriage failed.

Posted
My husband came in on a K-1. We married, he adjusted status, we divorced. If he makes application to remove conditions (by at least 3 months prior to his 2 years) do I have a legal right to know? I ask as I am responsible for him for 10 years since I'm the one who signed the paperwork.

If you divorced, then I assume you just want to move ahead with your life, well stop worrying about him, and just let it be.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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