return to the U.S. with no i751 after separation or divorce?

[Anh map 2,098]

If she surrenders the GC and later applies for a visa or someone files a K or CR1 petition for her that would be evaluated on its own merits. By never accumulating any out of status days in the US (which it sounds like you've done) and surrendering the GC as she will be establishing residence outside the US she will have done nothing to violate the law.

As others have said, there are no guarantees that someone will be given a visa. But doing as you have descibed will not give her any black marks on her record.

For your wife's own piece of mind why doesn't she consult with an immigration attorney of her choice to gain advice. That way she hears her options directly from an impartial person.

Best of luck to you both.

[JB3000 0]

Anh map's last suggestion sounds helpful and fair. It was important to hear that it is possible to do what I proposed and not have any technical violations or "black marks" on her record. Of course I understand what Anh and Just Bob are saying about no guarantees as well.

Does anyone have any thoughts on the "surrendering the green card" approach I was proposing versus the "divorce then my ex immediately files for the i751 with waiver to apply individually? I understand that if she stays here and applies individually, I am still obligated for means tested benefits. And that she would have to return to the U.S. every year or get a re-entry permit prior to leaving to avoid having her green card cancelled. Would she need to maintain an address here at all times during the 10 year period as well? How do people ho take this approach do that?

Is there anyone on here who has anecdotal experience they can share about a similar experience they undertook or know of? In the meantime I will continue to pour through the archived posts for more insight.

[NutMagnet 2]

With the K1 visa, if you divorce during her period of conditional residency, you may withdraw and disavow your obligation to act as sponsor under the I-864 Affidavit of Support. READ: Off the Hook for means tested benefits, any spousal maintenance or property division due to the marital termination will be handled through your local Family Court.

http://edocket.access.gpo.gov/cfr_2007/janqtr/8cfr213a.2.htm (and elsewhere, search "withdraw and disavow i-864")

"In an adjustment of status case, once the sponsor, substitute

sponsor, joint sponsor, household member, or intending immigrant has

presented a signed Form I-864 or Form I-864A to an immigration officer

or immigration judge, the sponsor, substitute sponsor, joint sponsor, or

household member may disavow his or her agreement to act as sponsor,

substitute sponsor, joint sponsor, or household member only if he or she

does so in writing and submits the document to the immigration officer

or immigration judge before the decision on the adjustment application."

Good luck,

NM

Edited September 4, 2009 by NutMagnet

[JB3000 0]

That may be true before "adjustment of status" but I do not believe it is so once the AOS has been approved and the 2 year conditional greencard has been issued.

[NutMagnet 2]

That may be true before "adjustment of status" but I do not believe it is so once the AOS has been approved and the 2 year conditional greencard has been issued.

It is based on fact, not opinion, been successfully done and is stated as such in the CFR. During the (2) two year conditional residence period and prior to the issuance of the (10) ten year green card you may withdraw and disavow your obligation to act as sponsor. This effectively kills the I-485 due to lack of sponsorship. She may be able to overcome your withdrawn support by other means, but with the K1, she can only adjust her status through her petitioner or via waiver filed on her own accord.

You are planning an exit strategy, the results of which will have a significant impact on your life. Please do the search for "withdraw and disavow I-864" and variants on Google and even here on VJ. Collect the data and consult with a qualified immigration attorney and protect yourself. Be prepared for all well intended agreements to go sour, divorce is war.

Best Wishes,

NM

[VET 0]

I married a woman who did not tell me she overstayed 90 days K1 it has been a whirlwind took three years to get a petition for alien relative granted I am also a disabled veteran. Then they denied her Adjustment of Staus. If one stays for ten year they can request to see a judge on the issue before having to leave the United States. She after being denied didn'twant to go the route. The dept of stae sent a letter stating she should leave the country, yet she stayed later through her attorney she left and he did a waiver becuase of more than an extreme hardship on me a US citizen. I got aletter from President Bush's administration and him. Bush was a wonderful man to do that inquiry to the Department of State.

I saw the same signs your seeing. All through this.

I got the waiver as the USCIS Manila denied her VISA to come back in she was subject to a three to ten year bar for overstaying the k1 you would think the USCIS vies that as a crime similiar to murder for all we went through. They were very tough for her staying that time.

Anyrate I got her waiver then she stayed there another month refuseing to come back with me and all along she would not have children. Then she came got her papers after it took me 7 years plus and cleaned out the bank accounts went back to the Philippines. I went there she disappeared into a province and then would not see me I came back to the USa filed for an anulment no children and marriage fraud not telling me she was illegal, then she tried to default me though a lawyer, to get an illegal judgement and not serve me.

She came back to the USa staying with relatives like waht your stating herin. Now she has an attorney they forced her to claim mental abuse, after three months thats not going well for her she is now trying physical abuse.

Apparently I was lucky maybe I was not killed by this woman or her family over their I heard of that happening to a guy.

Then the court is making me pay for her lawyer.

I have notified Manila they state they are forwarding the matter for investigation and action who knows what but the damage is already done I have to pay thousands for lawyer and in debt after buying a hous ethank god zero down and the mar=ket is bad or I would be on the street.

All I have to say is wise up if she don't like you what the heck she says it you better get rid of her fast and have witnesses. SOme of these people I hear are ruthless. Yes thats a good article from the CFR http://edocket.access.gpo.gov/cfr_2007/janqtr/8cfr213a.2.htm

I would like to know what to do now I am in Illinois and find that the political folks think it political suicide to address any illegal aliens becuase of the large mexican population they will get ran out of office.

It seems Manila could do more to help me withdraw my waiver I got for her and to disallow any support.

Especially a third time she went with a guy.

I had no clue she was illegal.

Lawyers just want money too from both of us there is no end to this.

Chinese Philospher say nothing is ever finished!

[NutMagnet 2]

I married a woman who did not tell me she overstayed 90 days K1 it has been a whirlwind took three years to get a petition for alien relative granted I am also a disabled veteran. Then they denied her Adjustment of Staus. If one stays for ten year they can request to see a judge on the issue before having to leave the United States. She after being denied didn'twant to go the route. The dept of stae sent a letter stating she should leave the country, yet she stayed later through her attorney she left and he did a waiver becuase of more than an extreme hardship on me a US citizen. I got aletter from President Bush's administration and him. Bush was a wonderful man to do that inquiry to the Department of State.

I saw the same signs your seeing. All through this.

I got the waiver as the USCIS Manila denied her VISA to come back in she was subject to a three to ten year bar for overstaying the k1 you would think the USCIS vies that as a crime similiar to murder for all we went through. They were very tough for her staying that time.

Anyrate I got her waiver then she stayed there another month refuseing to come back with me and all along she would not have children. Then she came got her papers after it took me 7 years plus and cleaned out the bank accounts went back to the Philippines. I went there she disappeared into a province and then would not see me I came back to the USa filed for an anulment no children and marriage fraud not telling me she was illegal, then she tried to default me though a lawyer, to get an illegal judgement and not serve me.

She came back to the USa staying with relatives like waht your stating herin. Now she has an attorney they forced her to claim mental abuse, after three months thats not going well for her she is now trying physical abuse.

Apparently I was lucky maybe I was not killed by this woman or her family over their I heard of that happening to a guy.

Then the court is making me pay for her lawyer.

I have notified Manila they state they are forwarding the matter for investigation and action who knows what but the damage is already done I have to pay thousands for lawyer and in debt after buying a hous ethank god zero down and the mar=ket is bad or I would be on the street.

All I have to say is wise up if she don't like you what the heck she says it you better get rid of her fast and have witnesses. SOme of these people I hear are ruthless. Yes thats a good article from the CFR http://edocket.access.gpo.gov/cfr_2007/janqtr/8cfr213a.2.htm

I would like to know what to do now I am in Illinois and find that the political folks think it political suicide to address any illegal aliens becuase of the large mexican population they will get ran out of office.

It seems Manila could do more to help me withdraw my waiver I got for her and to disallow any support.

Especially a third time she went with a guy.

I had no clue she was illegal.

Lawyers just want money too from both of us there is no end to this.

Chinese Philospher say nothing is ever finished!

Yours is not a unique situation, and it seems the that the nice guys get hit the the hardest. Its also very difficult to make rational decisions when one is true to the relationship and are oblivious to the red flags. We were raised not to be quitters, but that things will get better with some persistence. What was lacking in that wisdom is that it takes the cooperation of alt hose involved to make that happen.

VET - it sounds like you are writing this as the sh*t is hitting the fan. I would recommend that you speak to an immigration and family law attorney, either through the VA, legal aid, or one of your own findings. Things happen pretty bloody quick, you need to keep on top of the situation.

Tell us please, when/where did you get married to her, and what kind of visa did you petition her for, when she entered the USA this last time. There may be things you can do.

The situation is this. Local family courts have no jurisdiction in Immigration matters, nor do the County Attorneys, or the local police. Immigration matters are taboo for them. They seem to be of the opinion that Immigrations matters are to be heard at the federal level with DHS/USCIS/ICE.

Her claims of abuse are well known moves by attorneys. They are looking for a way that she can be granted permanent residency, and the one sided claims under VAWA are the hot ticket these days. Its based on her testimony only, without your day in court.

Yes, the lawyers are bottom feeders and are the ones making the money on these cases. At critical points they become a necessary evil. Never attend a hearing over a restraining order/ no contact order by yourself, you will loose every time.

Depending on the stage of your situation, which was very clear to me. There are remedies whereby you can withdraw and disavow your obligation to act as sponsor. or it could be as simple as to retract your I-130 petition. No sponsorship or no petition = no green card. Notwithstanding, her immigration problems are her own and out of your control.

Concern yourself with your own self-preservation, and take small steps to regain yourself. Be pro-active and aware of the games that will be played, the better to prepare yourself for the worst. which will not be as bad as you think.

Hang in there brother.

NM