Married 8 months, wife cheated on me with 3 men

[N/A 0]

The I-864 becomes valid when signed, however it is not enforceable until the point in which the 10 year permanent green card is issued for Permanent Residence.

[Chica Yeyé 41]

The I-864 becomes valid when signed, however it is not enforceable until the point in which the 10 year permanent green card is issued for Permanent Residence.

This is not true. The I-864 becomes enforceable as soon as the foreign spouse is granted LPR status; whether conditional or not. And the petitioner cannot rescind this contract with the US government.

[NutMagnet 2]

The I-864 becomes valid when signed, however it is not enforceable until the point in which the 10 year permanent green card is issued for Permanent Residence.

This is not true. The I-864 becomes enforceable as soon as the foreign spouse is granted LPR status; whether conditional or not. And the petitioner cannot rescind this contract with the US government.

Please review the quote in bold from the CFR. You can read the entire thing here http://edocket.access.gpo.gov/cfr_2007/janqtr/8cfr213a.2.htm

For K1 the I-864 is adjudicated at the time of AOS along with the I-485 and without I-864 the package is incomplete. No support, No 10 Year green card. In the case of K3, one would write to cancel his I-130 Petition prior to AOS.

I-864 is considered "valid" upon signing as without it, and the other qualifying submissions, Conditional status can not be granted. The I-134 remains in effect (for what that's worth) up until the time of AOS.

Myself as well as others here on VJ have done this with success with K1 during the 2 year conditional resident period. The document is placed on the inside left cover of the alien's A# file.

Family court may order property division, but that's a civil mater.

Google [ "withdraw and disavow" I-864 support ] and variants. For further edification, consult a good immigration attorney or a competent Immigration Officer.

Good day,

NM

Edited October 5, 2009 by NutMagnet

[JERIII 8]

The I-864 becomes valid when signed, however it is not enforceable until the point in which the 10 year permanent green card is issued for Permanent Residence.

This is not true. The I-864 becomes enforceable as soon as the foreign spouse is granted LPR status; whether conditional or not. And the petitioner cannot rescind this contract with the US government.

Please review the quote in bold from the CFR. You can read the entire thing here http://edocket.access.gpo.gov/cfr_2007/janqtr/8cfr213a.2.htm

For K1 the I-864 is adjudicated at the time of AOS along with the I-485 and without I-864 the package is incomplete. No support, No 10 Year green card. In the case of K3, one would write to cancel his I-130 Petition prior to AOS.

I-864 is considered "valid" upon signing as without it, and the other qualifying submissions, Conditional status can not be granted. The I-134 remains in effect (for what that's worth) up until the time of AOS.

Myself as well as others here on VJ have done this with success with K1 during the 2 year conditional resident period. The document is placed on the inside left cover of the alien's A# file.

Family court may order property division, but that's a civil mater.

Google [ "withdraw and disavow" I-864 support ] and variants. For further edification, consult a good immigration attorney or a competent Immigration Officer.

Good day,

NM

I don't understand what you are saying here. AOS takes place when the I-485 is adjudicated, that's at the time the FIRST green card is issued, whether it is a conditional one or a 10-year one. Don't be misled by the work "permanent" - someone with a 2-year green card is a permanent resident, although the permanent residence is conditional. Removal of conditions does NOT involve readjudication of the I-485 petition. In the bold section to which you refer:

(2) 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.

the "decision on the adjustment application" is the initial decision to grant the first green card, whether

a two-year or a ten-year.

[N/A 0]

What other adjustment applications are there? Dam, I am looking for that silver bullet.

[NutMagnet 2]

The I-864 becomes valid when signed, however it is not enforceable until the point in which the 10 year permanent green card is issued for Permanent Residence.

This is not true. The I-864 becomes enforceable as soon as the foreign spouse is granted LPR status; whether conditional or not. And the petitioner cannot rescind this contract with the US government.

Please review the quote in bold from the CFR. You can read the entire thing here http://edocket.access.gpo.gov/cfr_2007/janqtr/8cfr213a.2.htm

For K1 the I-864 is adjudicated at the time of AOS along with the I-485 and without I-864 the package is incomplete. No support, No 10 Year green card. In the case of K3, one would write to cancel his I-130 Petition prior to AOS.

I-864 is considered "valid" upon signing as without it, and the other qualifying submissions, Conditional status can not be granted. The I-134 remains in effect (for what that's worth) up until the time of AOS.

Myself as well as others here on VJ have done this with success with K1 during the 2 year conditional resident period. The document is placed on the inside left cover of the alien's A# file.

Family court may order property division, but that's a civil mater.

Google [ "withdraw and disavow" I-864 support ] and variants. For further edification, consult a good immigration attorney or a competent Immigration Officer.

Good day,

NM

I don't understand what you are saying here. AOS takes place when the I-485 is adjudicated, that's at the time the FIRST green card is issued, whether it is a conditional one or a 10-year one. Don't be misled by the work "permanent" - someone with a 2-year green card is a permanent resident, although the permanent residence is conditional. Removal of conditions does NOT involve readjudication of the I-485 petition. In the bold section to which you refer:

(2) 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.

the "decision on the adjustment application" is the initial decision to grant the first green card, whether

a two-year or a ten-year.

Whatever.

There is a confusion about AOS as it it filed for after marriage on a K1 to obtain Conditional Residency. The submissions are inspected for thoroughness, however the actual adjudication of such happens at the time of filing the joint I-751 within 90 days of expiry of conditional residency. That is also the time when the couple may be called in for an interview to their local filed office, but otherwise not before.

At any point prior to the alien obtaining their 10 year green card, the sponsor may, in writing withdraw and disavow their obligation to act as sponsor under the I-864 Affidavit of Support. This is laid out in simple language in the CFR and not of my own opinion.

No sponsor. No 10 year green card. Out of status. NTA sent and removal proceedings commenced. Bye bye blackbird.

I-485 as an Application to Register Permanent Residence or Adjust Status. The adjudication of such, along with joint signatures on the I-751 and evidence of a bona fide marriage occurs at the point of the expiration of conditional residency period.

Ask, what is the purpose of a two year Conditional period and why aren't K1/3's given permanent residency from the get-go? Why are CR-1's given their 10 year green card prior to hitting the states? (hint: they have already proved the bona fide's of their marriage)

Satisfy yourself, that you can relieve yourself of the obligations of the I-864 during the conditional resident period, as described the CFR as many a brother and fellow have done before. And, if receipt of such withdrawal is not sent to you by the USCIS, please make an Infopass appointment and a receipt of your withdrawal of support will arrive in your own mailbox within a week or so. Happy days are ahead and good luck in family court.

Your immigration attorney, who if, buy the way does not direct you to author such a letter upon hiring them, is probably not worth their salt. But then most of this readership prefers to handle things themselves sans legal assistance.

Respectfully to all,

NM

Edited October 6, 2009 by NutMagnet

[JERIII 8]

Whatever.

There is a confusion about AOS as it it filed for after marriage on a K1 to obtain Conditional Residency. The submissions are inspected for thoroughness, however the actual adjudication of such happens at the time of filing the joint I-751 within 90 days of expiry of conditional residency. That is also the time when the couple may be called in for an interview to their local filed office, but otherwise not before.

If what you say is true, it is the first I have ever heard of it. Certainly, K1 applicants are sometimes called for interviews before being granted conditional permanent residency. In addition, other applicants are given conditional cards, including, for example, my wife. I was sitting in the IO's office when her 485 was stamped for approval, it was, as far as I could tell, definitely adjudicated at the time her conditional permanent resident card was issued.

Do you have a source for this assertion about K1s? (the CFR sections you have quoted are not such a source)

[Old Dominion 26]

That's correct!

[Tahoma 2,292]

Whatever.

There is a confusion about AOS as it it filed for after marriage on a K1 to obtain Conditional Residency. The submissions are inspected for thoroughness, however the actual adjudication of such happens at the time of filing the joint I-751 within 90 days of expiry of conditional residency. That is also the time when the couple may be called in for an interview to their local filed office, but otherwise not before.

If what you say is true, it is the first I have ever heard of it. Certainly, K1 applicants are sometimes called for interviews before being granted conditional permanent residency. In addition, other applicants are given conditional cards, including, for example, my wife. I was sitting in the IO's office when her 485 was stamped for approval, it was, as far as I could tell, definitely adjudicated at the time her conditional permanent resident card was issued.

Do you have a source for this assertion about K1s? (the CFR sections you have quoted are not such a source)

My wife and I are K-1ers. While we were at an InfoPass appointment at the USCIS office in Seattle, I asked the officer what percentage of K-1ers are actually interviewed for their AOS. The officer claimed that all of them are interviewed. Sure enough, we later were notified that we would be required to appear for an AOS interview. We passed the interview and my wife received her Conditional Green Card shortly thereafter.

[JERIII 8]

Whatever.

There is a confusion about AOS as it it filed for after marriage on a K1 to obtain Conditional Residency. The submissions are inspected for thoroughness, however the actual adjudication of such happens at the time of filing the joint I-751 within 90 days of expiry of conditional residency. That is also the time when the couple may be called in for an interview to their local filed office, but otherwise not before.

If what you say is true, it is the first I have ever heard of it. Certainly, K1 applicants are sometimes called for interviews before being granted conditional permanent residency. In addition, other applicants are given conditional cards, including, for example, my wife. I was sitting in the IO's office when her 485 was stamped for approval, it was, as far as I could tell, definitely adjudicated at the time her conditional permanent resident card was issued.

Do you have a source for this assertion about K1s? (the CFR sections you have quoted are not such a source)

My wife and I are K-1ers. While we were at an InfoPass appointment at the USCIS office in Seattle, I asked the officer what percentage of K-1ers are actually interviewed for their AOS. The officer claimed that all of them are interviewed. Sure enough, we later were notified that we would be required to appear for an AOS interview. We passed the interview and my wife received her Conditional Green Card shortly thereafter.

The officer was speaking nonsense. There are hundreds of K1ers on VJ who received their green cards without interviews.

[roseTX 0]

i would like to ask whats the name of your wife who cheated you and what place are you in america? because the friend of my fiancee meet a woman in texas and she just got married to her foreign guy less than a year. the girl said her man cheated her and now she is looking for a sponsor for her to stay in america.

[TBoneTX 45,663]

i would like to ask whats the name of your wife who cheated you and what place are you in america? because the friend of my fiancee meet a woman in texas and she just got married to her foreign guy less than a year. the girl said her man cheated her and now she is looking for a sponsor for her to stay in america.

The wife's name is in the original poster's timeline, which you can click. The rest of your concern makes no sense and is irrelevant.

[Chica Yeyé 41]

i would like to ask whats the name of your wife who cheated you and what place are you in america? because the friend of my fiancee meet a woman in texas and she just got married to her foreign guy less than a year. the girl said her man cheated her and now she is looking for a sponsor for her to stay in america.

The wife's name is in the original poster's timeline, which you can click. The rest of your concern makes no sense and is irrelevant.

Si man

[Tahoma 2,292]

Whatever.

There is a confusion about AOS as it it filed for after marriage on a K1 to obtain Conditional Residency. The submissions are inspected for thoroughness, however the actual adjudication of such happens at the time of filing the joint I-751 within 90 days of expiry of conditional residency. That is also the time when the couple may be called in for an interview to their local filed office, but otherwise not before.

If what you say is true, it is the first I have ever heard of it. Certainly, K1 applicants are sometimes called for interviews before being granted conditional permanent residency. In addition, other applicants are given conditional cards, including, for example, my wife. I was sitting in the IO's office when her 485 was stamped for approval, it was, as far as I could tell, definitely adjudicated at the time her conditional permanent resident card was issued.

Do you have a source for this assertion about K1s? (the CFR sections you have quoted are not such a source)

My wife and I are K-1ers. While we were at an InfoPass appointment at the USCIS office in Seattle, I asked the officer what percentage of K-1ers are actually interviewed for their AOS. The officer claimed that all of them are interviewed. Sure enough, we later were notified that we would be required to appear for an AOS interview. We passed the interview and my wife received her Conditional Green Card shortly thereafter.

The officer was speaking nonsense. There are hundreds of K1ers on VJ who received their green cards without interviews.

Which green card are you referring to, a conditional (2-year) green card or a permanent (10-year) green card? Are you talking about K-1ers who are adjusting status in order to get a conditional (2-year) green card? Do some K-1ers get to skip this interview? After talking to the officer, I was under the impression that all K-1ers were required to be interviewed when they adjusted status in order to get a conditional (2-year) green card.

On the other hand, I have read on VJ that many K-1ers are not interviewed when they adjust status from a conditional (2-year) green card to a permanent (10-year) green card.

Maybe it's different at the Seattle USCIS.

Edited October 8, 2009 by Tahoma

[JERIII 8]

Which green card are you referring to, a conditional (2-year) green card or a permanent (10-year) green card? Are you talking about K-1ers who are adjusting status in order to get a conditional (2-year) green card? Do some K-1ers get to skip this interview? After talking to the officer, I was under the impression that all K-1ers were required to be interviewed when they adjusted status in order to get a conditional (2-year) green card.

On the other hand, I have read on VJ that many K-1ers are not interviewed when they adjust status from a conditional (2-year) green card to a permanent (10-year) green card.

Maybe it's different at the Seattle USCIS.

Many K-1ers skip the interview for a conditional (2-year) green card. This is why K-1ers are happy when their application is transferred to CSC, because it usually means no interview. It is also true that many people (K1-ers or otherwise) are not interviewed when they adjust status. Some people get both interviews, some people just one, and some neither.

It is possible that the officer meant that all K-1 applicants whose applications are transferred to Seattle are interviewed, that is probably true. But I'm sure there are K-1ers in the Seattle area whose applications never reach Seattle, the applications go from the Chicago mail room to the National Center, on to California and approval, without interview, and without visiting the local field office.