CR-1 Visa Annulment

[msld007 0]

As long as she's still in the USA, nothing changes based on the passage of time alone. Are you still married? The answer doesn't in and of itself change your I-864 obligations but it may have impact on other issues of importance.

Thanks for your reply pushbrk... however I don't feel you have a thurough understanding of what a CR-1 visa is or how the I-864 AOS can be terminated by the petitioner/spouse. The Beneficiary will soon be seeking adjustment of CR-1 Green Card status to remove conditions from Coditional Resident to Unconditional Resident. Adjustment of status must be made within the 90 day period prior to the second anniversary of issuance of the Conditional Resident Green Card if filing jointly with spouse to remove conditions. If the beneficiary is seeks divorce... the divorce must be final prior to removal of conditions, if not, a waiver can be requested until divorce is completed. The spouse/petitioner may "Disavow" the I-864 affidavit of support provided its done in writing to USCIS prior to Conditional Status adjustment to Unconditional Status. In short, I-864 AOS is only binding for the 2-year Conditional Resident period provided a "Disavow of AOS" is submitted prior to removal of conditional residence.... I'm not on the hook for 10 years.....

[msld007 0]

You are on the hook for the next 10 years or so unless she meets one of the requirements otherwise such as obtaining citizenship, losing her residency status, accumulating 40 work credits (10 years) etc. Her obtaining her 10 year green card or another term is filing for removal of conditions does not relieve you of your obligations under the I-864.

Just curious what is the current status of you and the woman?

Hi Belinda...

CR-1 Green Card is a conditional Resident Green Card (valid for 2 yers)....

IR-1 Green Card is an Unconditional Resident Green Card (valid for 10 years)

As a petitioner/spouse, I can Disavow the AOS prior to removal of conditions. I would be responsible for the 2 year CR-1 period, not the 10 year period after removal of conditional residence. Current Status: Separated, She Filed for a divorce against me so she can adjust her status to Unconditional Resident since I will not file a joint petition to remove conditions.

[msld007 0]

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.

Edited January 24, 2011 by msld007

[Boiler 45,525]

Thanks for your reply pushbrk... however I don't feel you have a thurough understanding of what a CR-1 visa is or how the I-864 AOS can be terminated by the petitioner/spouse. The Beneficiary will soon be seeking adjustment of CR-1 Green Card status to remove conditions from Coditional Resident to Unconditional Resident. Adjustment of status must be made within the 90 day period prior to the second anniversary of issuance of the Conditional Resident Green Card if filing jointly with spouse to remove conditions. If the beneficiary is seeks divorce... the divorce must be final prior to removal of conditions, if not, a waiver can be requested until divorce is completed. The spouse/petitioner may "Disavow" the I-864 affidavit of support provided its done in writing to USCIS prior to Conditional Status adjustment to Unconditional Status. In short, I-864 AOS is only binding for the 2-year Conditional Resident period provided a "Disavow of AOS" is submitted prior to removal of conditional residence.... I'm not on the hook for 10 years.....

I think he does understand and you do not.

[msld007 0]

I think he does understand and you do not.

What don't I understand ?

Edited January 24, 2011 by msld007

[VanessaTony 3,567]

What don't I understand ?

You don't seem to know what Adjustment of Status is. Your wife will be applying for removal of conditions, not adjustment of status. The I-864 is binding once it is approved. in the case of a k1 visa the I-864 is filed at adjustment of status from a K1 visa to conditional LPR. For a Cr-1 you signed the I-864 to get her the visa. Once she entered the country and activated the visa (to get her GC) your I-864 became valid and you are now "on the hook".

You can't do anything to withdraw it. Feel free to write a letter. They will either reply and tell you there's nothing you can do, or not reply at all. Please feel free to call USCIS to confirm. Remember to tell them she has a conditional greencard, and will be filing removal of conditions. NOT adjustment of status otherwise you are getting false info.

Current Status: Separated, She Filed for a divorce against me so she can adjust her status to Unconditional Resident since I will not file a joint petition to remove conditions.

She isn't adjusting her status to Unconditional, she's "removing conditions". Completely different processes and paperwork.

ROC requires no I864 because it is carried over from the conditional GC.

[VanessaTony 3,567]

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.

Completely correct. Issue in your case is she's already got an accepted I-864 and she isn't "adjusting her status". She's already get her status when she arrived. She's not removing the conditions which she does based on a legitimate marriage to you. If you claim there was no valid marriage you should really contact ICE to report the marriage fraud. It's your only hope to "get off the hook".

[msld007 0]

Completely correct. Issue in your case is she's already got an accepted I-864 and she isn't "adjusting her status". She's already get her status when she arrived. She's not removing the conditions which she does based on a legitimate marriage to you. If you claim there was no valid marriage you should really contact ICE to report the marriage fraud. It's your only hope to "get off the hook".

Hi VanTon... I appreciate your reply .... Adjustment of Status and Removal of Conditions are 2 entirely different actions. Are you sayind the disavow of AOS is limited to Adjustment of Status and not Removal of Conditions? I will need to check into this a little more.... from what I've found thus far, it appears yoi are correct and it may be time for me to reconsider my resolve..... thanks for th follow up

[pushbrk 12,898]

Completely correct. Issue in your case is she's already got an accepted I-864 and she isn't "adjusting her status". She's already get her status when she arrived. She's not removing the conditions which she does based on a legitimate marriage to you. If you claim there was no valid marriage you should really contact ICE to report the marriage fraud. It's your only hope to "get off the hook".

From post 43 in this thread.

The CR-1 I metioned refers to the Green Card... not the Visa. The K-3 Spouse visa was issued by the consulate and the CR-1 Green Card was issued by USCIS. The 90 day prior to the 2 year issuance of the CR-1 Green Card is approaching. What I-864 liabilities exist now?

If that's correct, the K3 spouse already adjusted her status to conditional permanent resident (CR1 status) AFTER she arrived. On the day that conditional status was granted, the OP's I-864 took effect. If the divorce is final before her time runs out to remove conditions, she'll be an unconditional permanent resident and he'll be on the hook for the I-864 until one of the factors kicks in to end the obligation. None of this really matters unless she fails to find a way to support herself or sues successfully for spousal support based on the I-864. (It's happened but not frequently.)

Thanks for your reply pushbrk... however I don't feel you have a thurough understanding of what a CR-1 visa is or how the I-864 AOS can be terminated by the petitioner/spouse. The Beneficiary will soon be seeking adjustment of CR-1 Green Card status to remove conditions from Coditional Resident to Unconditional Resident. Adjustment of status must be made within the 90 day period prior to the second anniversary of issuance of the Conditional Resident Green Card if filing jointly with spouse to remove conditions. If the beneficiary is seeks divorce... the divorce must be final prior to removal of conditions, if not, a waiver can be requested until divorce is completed. The spouse/petitioner may "Disavow" the I-864 affidavit of support provided its done in writing to USCIS prior to Conditional Status adjustment to Unconditional Status. In short, I-864 AOS is only binding for the 2-year Conditional Resident period provided a "Disavow of AOS" is submitted prior to removal of conditional residence.... I'm not on the hook for 10 years.....

You said it wasn't a CR1 visa but that that status was granted by USCIS after her entry on a K3 visa. That is when she "adjusted status" and so your time to withdraw the affidavit is past. She is now removing conditions on her status or removing the C from the CR1 status.

Was it a K3 visa or a CR1 visa?

Edited January 24, 2011 by pushbrk

[agynyame 2]

Dude,

Please stop wasting time and talk to ICE as it appears she will be filing for the removal of conditions. If you talk to ICE before she files they will have a case file to go on. However, if you dither and continue this back and forth, you will miss your opportunity and will continue to be on the hook until she becomes a citizen. Talk to ICE immediately!!!

[msld007 0]

From post 43 in this thread.

The CR-1 I metioned refers to the Green Card... not the Visa. The K-3 Spouse visa was issued by the consulate and the CR-1 Green Card was issued by USCIS. The 90 day prior to the 2 year issuance of the CR-1 Green Card is approaching. What I-864 liabilities exist now?

If that's correct, the K3 spouse already adjusted her status to conditional permanent resident (CR1 status) AFTER she arrived. On the day that conditional status was granted, the OP's I-864 took effect. If the divorce is final before her time runs out to remove conditions, she'll be an unconditional permanent resident and he'll be on the hook for the I-864 until one of the factors kicks in to end the obligation. None of this really matters unless she fails to find a way to support herself or sues successfully for spousal support based on the I-864. (It's happened but not frequently.)

You said it wasn't a CR1 visa but that that status was granted by USCIS after her entry on a K3 visa. That is when she "adjusted status" and so your time to withdraw the affidavit is past. She is now removing conditions on her status or removing the C from the CR1 status.

Was it a K3 visa or a CR1 visa?

Thanks for the follow-up Push.. She Recive a K-3 Visa from the U.S. Consulate in Cambodia. Her Cr-1 Green Card arrived at my home

[pushbrk 12,898]

Hi VanTon... I appreciate your reply .... Adjustment of Status and Removal of Conditions are 2 entirely different actions. Are you sayind the disavow of AOS is limited to Adjustment of Status and not Removal of Conditions? I will need to check into this a little more.... from what I've found thus far, it appears yoi are correct and it may be time for me to reconsider my resolve..... thanks for th follow up

Unfortunately, sometimes when we humans are looking for a way out of a pickle, we see what we want to see before we realize they are only mirages.

[pushbrk 12,898]

Thanks for the follow-up Push.. She Recive a K-3 Visa from the U.S. Consulate in Cambodia. Her Cr-1 Green Card arrived at my home

There you go then. You're on the hook for the I-864 but I think if you check her passport, you'll find it was really a CR1 visa. That's what seems to be confusing you. Unless you paid another fee and filed more papers after she arrived, the K3 wouldn't have resulted in a green card. CR1 visas result in green cards just coming in the mail after entry. My wife came on a K3 visa and adjusted status. I'm intimately familiar with processes. The CR1 is both a visa category and a status.

[msld007 0]

Dude,

Please stop wasting time and talk to ICE as it appears she will be filing for the removal of conditions. If you talk to ICE before she files they will have a case file to go on. However, if you dither and continue this back and forth, you will miss your opportunity and will continue to be on the hook until she becomes a citizen. Talk to ICE immediately!!!

AGY .... The one thing that I need to do is clean up this mess I got myself into with this harlot. From my original post and what info. I've provided.... does it seem like fraud to you... to others reading this post? If so... I think it is time to get ICE involved. If so without a doubt its time to move towards ICE. If they fail to see the fruad as I or this forum see's it, my troubles will be greter than they currently are... thanks for you input

[msld007 0]

There you go then. You're on the hook for the I-864 but I think if you check her passport, you'll find it was really a CR1 visa. That's what seems to be confusing you. Unless you paid another fee and filed more papers after she arrived, the K3 wouldn't have resulted in a green card. CR1 visas result in green cards just coming in the mail after entry. My wife came on a K3 visa and adjusted status. I'm intimately familiar with processes. The CR1 is both a visa category and a status.

Okay Push... one thing we can agree on is CR-1 is going to adjust to R-1 and I'm on the hook for the I-664 ( I will be going into this tomorrow). At any rate U.S. Customs and Border patrol presented the harlot with a document prior to her release from customs. The document Specifically stated that In accordance with 216 you must file Adj of Status with your spouse... That's it... it didn't include the loopholes ( Divorce, Abuse, etc) will the review be based on what she signed or section 216 in its entirety? In addition, her attorney is ordering the court to keep our debts and assets separate, her debts are her debts and her bill are her bills, all I have to do is go downstairs and sign the paper.... does that relieve me of Affidavit of Support?

Edited January 24, 2011 by msld007