Does a CR-1 status end upon divorce?

[Leedah 22]

Hi all,

I'm looking for an answer I can't find elsewhere...

What does uscis do with CR-1 status after divorce?

I am currently going through a divorce (i'm the USC) and my spouse is on a CR-1 status.

His status doesn't expire until 2011, however he has a pending felony (severe domestic violence) in the court system (not indicted yet).

I want to remove my I-864, revoke my approved petition (if it can be done) and definitely get him back to his own country so he doesn't get violent with me or anyone else in this country (wish he could be put in jail forever so he couldn't harm any woman in his OWN country...but who am I).

Anyway, what does anyone suggest?

Regardless, I've already sent a package to vermont and my local uscis office with the police report, letter from domestic violence center, letter to me from the district attorney, copy of bond (has a "no violent contact" clause), case number for pending divorce and a letter detailing the abuse, fraud and adultery.

I've also notified ICE and made a report with his A number.

I've read that when the divorce is final, his status is also terminated since it's before the 2 year window and no I-757 has been filed that I know of? Also once the status is terminated and he's deported, i'm no longer responsible for anything. Does anyone know if that is true and would I have to send a copy of the divorce decree for that to go in effect?

Thanks for all info.

Edited August 1, 2009 by Leedah

[payxibka 10,045]

he is not CR-1 status... he is a conditional permanent resident...you cannot just have him deported.... he will be provided due process

you cannot revoke the petition or your affidavit

Edited August 1, 2009 by payxibka

[Leedah 22]

Of course we all get due process.

I'm all for it.

I'm looking for an answer to my question about status after divorce.

Thanks.

[brnidokiegurl 0]

i believe he is here, nothing can be done now, i think responsibility wise also as you signed this before he came. BUT with the issue of this all happening so quick after arrival talk with a lawyer was it fraud or just anger that showed itself

[payxibka 10,045]

Of course we all get due process.

I'm all for it.

I'm looking for an answer to my question about status after divorce.

Thanks.

he remains a conditional permanent resident until his greencard expires or the immigration system revokes it... divorce does not terminate it...

[Jamaican JNR 2]

Hi all,

I'm looking for an answer I can't find elsewhere...

What does uscis do with CR-1 status after divorce?

I am currently going through a divorce (i'm the USC) and my spouse is on a CR-1 status.

His status doesn't expire until 2011, however he has a pending felony (severe domestic violence) in the court system (not indicted yet).

I want to remove my I-864, revoke my approved petition (if it can be done) and definitely get him back to his own country so he doesn't get violent with me or anyone else in this country (wish he could be put in jail forever so he couldn't harm any woman in his OWN country...but who am I).

Anyway, what does anyone suggest?

Regardless, I've already sent a package to vermont and my local uscis office with the police report, letter from domestic violence center, letter to me from the district attorney, copy of bond (has a "no violent contact" clause), case number for pending divorce and a letter detailing the abuse, fraud and adultery.

I've also notified ICE and made a report with his A number.

I've read that when the divorce is final, his status is also terminated since it's before the 2 year window and no I-757 has been filed that I know of? Also once the status is terminated and he's deported, i'm no longer responsible for anything. Does anyone know if that is true and would I have to send a copy of the divorce decree for that to go in effect?

Thanks for all info.

Sorry to hear about your case, however he is a CR1 Resident. After divorce then he could file to have the conditions removed and stay or be deported.

[NArocks 13]

Leedah,

He as the immigrant has to prove the bonifides of the marriage in order to lift condtions when the time comes, Hopefully the charges you mentioned stick as this will make it harder. He was arrested on Domestic violence towards you like the 4th day he was here correct? In due course he will have to file to remove the conditions. As far as getting him deported ICE will most likley not help as they are bogged down as it is. What will happen is he will not be able to remove the conditions due to not having proof of any relationship with you. Make sure his name is not on any of your accounts. Put a block on your SSN so he can not try and take things out in your name and his. I wish you the best. Do not try and contact him no matter what. And nost important keep safe dear. Hope this helps some

[Nik+Heather 121]

I may not understand how IR-1 CR-1s work, but...if they were married in 2006 and his entry was in 2009, doesn't that mean he's here on IR-1 as he entered more than 2 years after marriage?

[Leedah 22]

We married in 2006. I went back to u.s to file.

Found out that previous ex-husband from 10 years ago had never completed the divorce paperwork and I was never served. (he lied and said we were divorced before he left the country).

I had to file for divorce from my ex through publication which took about 6 months (judge wanted proof of EVERYTHING). It was granted in 2007. THEN re-do the marriage license to my present spouse in his country. That is the only license (2007) that was sent to uscis since to send the first one would have made me a temporary bigamist. hahaha.I didn't file the initial I-130 until Dec.2008 hence the CR-1.

I may not understand how IR-1 CR-1s work, but...if they were married in 2006 and his entry was in 2009, doesn't that mean he's here on IR-1 as he entered more than 2 years after marriage?

Edited August 1, 2009 by Leedah

[NArocks 13]

Ahh thanks for the clarification.

[JimVaPhuong 4,863]

Hi all,

I'm looking for an answer I can't find elsewhere...

What does uscis do with CR-1 status after divorce?

I am currently going through a divorce (i'm the USC) and my spouse is on a CR-1 status.

His status doesn't expire until 2011, however he has a pending felony (severe domestic violence) in the court system (not indicted yet).

I want to remove my I-864, revoke my approved petition (if it can be done) and definitely get him back to his own country so he doesn't get violent with me or anyone else in this country (wish he could be put in jail forever so he couldn't harm any woman in his OWN country...but who am I).

Nope. You can't withdraw the I-864 or the petition. He's here until he voluntarily leaves, or he's out of status and is deported. You're on the hook for affidavit of support until that happens (presuming he doesn't become a US citizen, accumulate 40 quarters of work credit, or either of you die).

I've read that when the divorce is final, his status is also terminated since it's before the 2 year window and no I-757 has been filed that I know of? Also once the status is terminated and he's deported, i'm no longer responsible for anything. Does anyone know if that is true and would I have to send a copy of the divorce decree for that to go in effect?

Thanks for all info.

He can file to remove conditions before the end of the 2 year period, providing he's filing on his own based on one of three grounds; extreme cruelty, extreme hardship, or good faith marriage terminated by divorce. Yes, technically he is out of status when the divorce is granted, but unless USCIS discovers this then he can still wait until the end of the 2 year period before filing the I-751. You should notify USCIS as soon as the divorce is final. If and how USCIS responds is anybody's guess. They might ignore it. Then again, they might initiate removal proceedings. If they start removal proceedings then he can still ask the immigration judge to adjudicate his petition for removal of conditions. There isn't anything you can do about that, because you will not be involved in that process at all. He probably doesn't have adequate evidence for the waiver on any of the three grounds, so he might end up being deported.

If his domestic abuse charge qualifies as an aggravated felony (a crime of violence generally has to carry a potential prison sentence of 1 year or more to be an aggravated felony) then he could be deported if convicted. If he ends up going to jail for it then the removal proceedings will probably begin automatically as soon as he's served his sentence. He'll remain in custody during the removal proceedings.

Note that if he's convicted of an aggravated felony then he will not be eligible for any waivers, and will not be able to stop removal proceedings.

[3600rs 24]

Hi all,

I'm looking for an answer I can't find elsewhere...

What does uscis do with CR-1 status after divorce?

The USCIS MAY revoke the green card ( very rare ). Only if there is convincing evidence of selfish interest.

I am currently going through a divorce (i'm the USC) and my spouse is on a CR-1 status.

His status doesn't expire until 2011, however he has a pending felony (severe domestic violence) in the court system (not indicted yet).

I want to remove my I-864, revoke my approved petition (if it can be done) and definitely get him back to his own country so he doesn't get violent with me or anyone else in this country (wish he could be put in jail forever so he couldn't harm any woman in his OWN country...but who am I).

Anyway, what does anyone suggest?

Your on the hook for the I 864

Regardless, I've already sent a package to vermont and my local uscis office with the police report, letter from domestic violence center, letter to me from the district attorney, copy of bond (has a "no violent contact" clause), case number for pending divorce and a letter detailing the abuse, fraud and adultery.

I've also notified ICE and made a report with his A number.

Nothing is for sure what ICE will do with your complaint. Your accusations of fraud etc have to be supported by evidence...not just complaint like rants of a sad abandoned spouse.

I've read that when the divorce is final, his status is also terminated since it's before the 2 year window and no I-757 has been filed that I know of? Also once the status is terminated and he's deported, i'm no longer responsible for anything. Does anyone know if that is true and would I have to send a copy of the divorce decree for that to go in effect?

The divorce terminates the status, but the status is back in place after filing the 751 with waiver. And you are responsible for the I 864 but his deportation is not in your hands. Its is for the courts to decide if your accusations of abuse, fraud, and adultery are true to have him deported.

Thanks for all info.

Edited August 2, 2009 by 3600rs

[rrobin 2]

Hi all,

I'm looking for an answer I can't find elsewhere...

What does uscis do with CR-1 status after divorce?

I am currently going through a divorce (i'm the USC) and my spouse is on a CR-1 status.

His status doesn't expire until 2011, however he has a pending felony (severe domestic violence) in the court system (not indicted yet).

I want to remove my I-864, revoke my approved petition (if it can be done) and definitely get him back to his own country so he doesn't get violent with me or anyone else in this country (wish he could be put in jail forever so he couldn't harm any woman in his OWN country...but who am I).

Anyway, what does anyone suggest?

Regardless, I've already sent a package to vermont and my local uscis office with the police report, letter from domestic violence center, letter to me from the district attorney, copy of bond (has a "no violent contact" clause), case number for pending divorce and a letter detailing the abuse, fraud and adultery.

I've also notified ICE and made a report with his A number.

I've read that when the divorce is final, his status is also terminated since it's before the 2 year window and no I-757 has been filed that I know of? Also once the status is terminated and he's deported, i'm no longer responsible for anything. Does anyone know if that is true and would I have to send a copy of the divorce decree for that to go in effect?

Thanks for all info.

You have already done your part. Now leave the rest to the USCIS.

If he is convicted of a crime involving moral turpitude (CMIT), he is deportable and inadmissible, but if his conviction is downgraded to something that does not qualify as CMIT, he has some chance of removing condition on his own by providing bona fides of the marriage.