CR-1 Visa Annulment

[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.

I havent seen her or her passport in almost a year now. Since the approval was on an I-130 .. ... It was a CR-1 visa *received at the consulate)then came the CR-1 Green Card (Received at the House).

[VanessaTony 3,567]

I havent seen her or her passport in almost a year now. Since the approval was on an I-130 .. ... It was a CR-1 visa *received at the consulate)then came the CR-1 Green Card (Received at the House).

Okay to confirm.

The K3 process is this:

- immigrant arrives on K3 visa

- immigrant has to file AOS (and pay $1000) to get a greencard. until then she is only on a Visa.

The Cr-1 process is this:

- immigrant arrives on CR-1 visa

- greencard (2 year conditional card) and SSN (if she ticked the box for it) arrive in the mail about a month after arrival. No AOS required

- 2 years after getting greencard she files for ROC to get 10 year GC

So based on what you wrote she arrived on a CR-1 visa and got her greencard not long after she arrived. You didn't file any other paperwork. In this case yes, you are on the hook for the I-864 because you would have submitted it to get the visa, and activating the visa activates the I-864. In the other case (the K3) you would have had to AOS her for her to GET a GC and as you stated she has a greencard then you would have had to AOS her and you STILL have the I-864. No way to revoke it. Divorce does not cancel it out.

Edited January 24, 2011 by Vanessa&Tony

[VanessaTony 3,567]

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?

No. The affidavit of support is an agreement between you and the US government. Unless she becomes a USC, leaves the country and gives up her GC, works 40 quarters (roughly 10 years) or dies you are "on the hook". This means that the US government can sue you if she uses means tested benefits.

Sounds like the divorce agreement might absolve you of the medical debt though. I would ask that the medical bills for the birth of the child be explicitly mentioned. Even then I'm not sure if it would stop the hospital from suing you for payment.

The document handed to your wife at the border is probably a multi-use document (seeing it appears she arrived on a CR-1 and AOS isn't applicable to her). What "review" are you talking about? The removal of conditions? Again she is NOT adjusting her status. You need to stop calling it that because it is the wrong term and could cause confusion (as you've seen it has). She is removing the conditions on her GC, not adjusting the status of her GC.

She can remove conditions without you (she needs to be divorced to do it without you, or have filed and eventually she needs to give them the decree OR she can do it based on abuse). The I-864 is still in effect even if you don't ROC with her. She needs to prove that the marriage was real and "bonafide". She can do that showing bills, living together, joint accounts etc etc.

If you believe she married you under false pretences you should contact ICE and let them know the marriage is being annulled based on fraud on her part. Problem is, she might have loved you and married you for the right reasons, just got herself knocked up in which case it's not immigration fraud, she's just a bad person. You will need to prove that she married you for false reasons and that the marriage wasn't bonafide in order to maybe stop the ROC. You won't know if it's approved or denied unless she tells you. They can't talk to you about her case unless they're taking your evidence but even then they won't tell you her status.

If you file for an annulment I don't know if this means that because it means the marriage never happened her CR-1 is revoked.. someone else will have to tell you that.

Edited January 24, 2011 by Vanessa&Tony

[VanessaTony 3,567]

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?

From post #46 in this thread:

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.....

It appears the OP was completely confused about what visa his wife had but based on his previous descriptions of how she would change from conditional to non-conditional LPR it was obvious it was either a CR-1 visa or the OP's wife arrived on a K3 and the OP had AOSed her. Seeing he kept confusing the AOS part, he mustn't have filed AOS or he wouldn't be so confused.

[msld007 0]

From post #46 in this thread:

It appears the OP was completely confused about what visa his wife had but based on his previous descriptions of how she would change from conditional to non-conditional LPR it was obvious it was either a CR-1 visa or the OP's wife arrived on a K3 and the OP had AOSed her. Seeing he kept confusing the AOS part, he mustn't have filed AOS or he wouldn't be so confused.

Thanks VanTon and PUSH for your follow-ups... I'm now well informed. Who better to deal with this at this point ICE or USCIS? I called ICE about a year ago and there focus was geared towards severe criminal acts. How can I bring ICE on board with this? I recieved a request to start from day 1 and document everthing evemy that took place in cronological order. (e-mails letters Wester-Unions, Immigration paperwork etc.),.... it tells a story. any single event would not be sufficient to suggest fraud the whole documented event wouuld.

[msld007 0]

No. The affidavit of support is an agreement between you and the US government. Unless she becomes a USC, leaves the country and gives up her GC, works 40 quarters (roughly 10 years) or dies you are "on the hook". This means that the US government can sue you if she uses means tested benefits.

Sounds like the divorce agreement might absolve you of the medical debt though. I would ask that the medical bills for the birth of the child be explicitly mentioned. Even then I'm not sure if it would stop the hospital from suing you for payment.

The document handed to your wife at the border is probably a multi-use document (seeing it appears she arrived on a CR-1 and AOS isn't applicable to her). What "review" are you talking about? The removal of conditions? Again she is NOT adjusting her status. You need to stop calling it that because it is the wrong term and could cause confusion (as you've seen it has). She is removing the conditions on her GC, not adjusting the status of her GC.

She can remove conditions without you (she needs to be divorced to do it without you, or have filed and eventually she needs to give them the decree OR she can do it based on abuse). The I-864 is still in effect even if you don't ROC with her. She needs to prove that the marriage was real and "bonafide". She can do that showing bills, living together, joint accounts etc etc.

If you believe she married you under false pretences you should contact ICE and let them know the marriage is being annulled based on fraud on her part. Problem is, she might have loved you and married you for the right reasons, just got herself knocked up in which case it's not immigration fraud, she's just a bad person. You will need to prove that she married you for false reasons and that the marriage wasn't bonafide in order to maybe stop the ROC. You won't know if it's approved or denied unless she tells you. They can't talk to you about her case unless they're taking your evidence but even then they won't tell you her status.

If you file for an annulment I don't know if this means that because it means the marriage never happened her CR-1 is revoked.. someone else will have to tell you that.

Signed document " you and your spouse must file a joint I-751 to remove conditions or you will be placed in removal deportation proceedings" it seems this would be mandatory esp. if endorsed by the new immigrant though I understant the blanket cover-all point you made. Bonafides? Non .... Joint Accts , Debt or other Assets.. Non... Last 2 years taxes I filed Single. There was absolutely no co-habitation ... I lived with a stranger in my house in another room until the day she left.... is

[Deputy Purple 1,294]

msld007,

Just to clear up a few things for you:

K-3, CR-1 & IR-1 are all Visas. A Visa is a document that allows someone to enter the US.

There are 2 types of Green Cards: Conditional Green Card which is issued prior to 2 years of marriage to a USC & Standard (or Unconditional) Green Card which is issued in cases which don't involve a USC Spouse or the marriage is already past the 2 year mark.

If she had to adjust status after her arrival in the US then she arrived on a K(1/3) Visa. If you were legally married in Cambodia then it would have been a K-3 Visa otherwise it would have been a K-1 (Fiancée) Visa. If you were already married in Cambodia then why would you marry again in the US?

If you did dissolve your US marriage then you still have to dissolve the Cambodian marriage before she can file for Removal of Conditions with the divorce waiver.

[pushbrk 13,167]

She can remove conditions without you (she needs to be divorced to do it without you, or have filed and eventually she needs to give them the decree OR she can do it based on abuse). The I-864 is still in effect even if you don't ROC with her. She needs to prove that the marriage was real and "bonafide". She can do that showing bills, living together, joint accounts etc etc.

If you believe she married you under false pretences you should contact ICE and let them know the marriage is being annulled based on fraud on her part. Problem is, she might have loved you and married you for the right reasons, just got herself knocked up in which case it's not immigration fraud, she's just a bad person. You will need to prove that she married you for false reasons and that the marriage wasn't bonafide in order to maybe stop the ROC. You won't know if it's approved or denied unless she tells you. They can't talk to you about her case unless they're taking your evidence but even then they won't tell you her status.

If you file for an annulment I don't know if this means that because it means the marriage never happened her CR-1 is revoked.. someone else will have to tell you that.

Good post but see bold above. She doesn't need to "prove" anything of the kind. She needs to show evidence she entered the marriage in good faith. It's a very low standard which she can count on meeting unless the petitioner can present compelling evidence to the contrary. Usually, the "evidence" consists of no more than her signed statement.

[pushbrk 13,167]

Signed document " you and your spouse must file a joint I-751 to remove conditions or you will be placed in removal deportation proceedings" it seems this would be mandatory esp. if endorsed by the new immigrant though I understant the blanket cover-all point you made. Bonafides? Non .... Joint Accts , Debt or other Assets.. Non... Last 2 years taxes I filed Single. There was absolutely no co-habitation ... I lived with a stranger in my house in another room until the day she left.... is

You've quoted one sentence, not the entire policy. If "she" doesn't have a spouse, she can file to remove conditions on her own. Keep reading, because that's part of the deal too.

[Darnell 8,479]

My wife and I received our Cambodia issued marriage license in 2007. For the next 2 years I provided spousal support

for her while waiting for her to receive her visa. After she received her visa from the consulate, she slept with her boyfriend and arrived in May 2009 to the United States pregnant. Unaware of her adultry, I married her again 3 days after after her arrival to U.S.A. She gave Birth to her boyfriends baby yesterday and I'm seeking an Annulment for marriage fruad and release of any I-864 liability and her immediate deportation as my I-864 AOS does not include supporting her and her boyfriends child. What are my chances to have a successful annulment? Am I on the hook

delivery cost of her boyfriends baby?

Almost a year has passed. Good Luck with writing the casefile notes for ICE.

[msld007 0]

Push and VanTon... Your post a few days ago concerning the Affidavit of Support was a huge implication I overlooked and I credit your understanding of I-864 AOS along with CR-1 Visa to CR-1 Green Card to Conditional Residence. I'm still bounded as a sponsor for the "Big Four" (deportation, death, citizenship, 40 Quarters of Employment). The consulate issued a denial for the K-1 Fiace Visa under section 221(G), and the petition was returned to USCIS. 4 months later based on the I-130 petition, the beneficiary was granted a CR-1 visa, it turned out the denial of the K-1 visa was accurate. I'd like your input for seeking an annulment in response of her divorce decree based on the consulates determination for both the Marriage abroad and the U.S. Marriage prior her filing the I-751 Removal of Conditions as an outlet.

[pushbrk 13,167]

Push and VanTon... Your post a few days ago concerning the Affidavit of Support was a huge implication I overlooked and I credit your understanding of I-864 AOS along with CR-1 Visa to CR-1 Green Card to Conditional Residence. I'm still bounded as a sponsor for the "Big Four" (deportation, death, citizenship, 40 Quarters of Employment). The consulate issued a denial for the K-1 Fiace Visa under section 221(G), and the petition was returned to USCIS. 4 months later based on the I-130 petition, the beneficiary was granted a CR-1 visa, it turned out the denial of the K-1 visa was accurate. I'd like your input for seeking an annulment in response of her divorce decree based on the consulates determination for both the Marriage abroad and the U.S. Marriage prior her filing the I-751 Removal of Conditions as an outlet.

Your case is too much of a mess for me to give advice on the details of getting out of two separate marriages. You yourself are probably guilty of fraud when you got the second marriage license.

However, unless your fraud claims result in her deportation, you're still on the hook because YOU sponsored her.

[msld007 0]

Your case is too much of a mess for me to give advice on the details of getting out of two separate marriages. You yourself are probably guilty of fraud when you got the second marriage license.

However, unless your fraud claims result in her deportation, you're still on the hook because YOU sponsored her.

Push... there is sufficient grounds for the annulement of the second marriage since it was not necessary. As a U.S. citizen I desired to secure my marriage with a domestic U.S, issued marriage license. If The consulate has denied a fiance visa for a beneficiary section 221(g) can this not be the basis for an annulement.

[Boiler 46,239]

Ouch.

So what did you answer about you ability to freely marry?

My guess is that the second marriage could with expensive legal help be sorted out.

But you are still married.

[pushbrk 13,167]

Push... there is sufficient grounds for the annulement of the second marriage since it was not necessary. As a U.S. citizen I desired to secure my marriage with a domestic U.S, issued marriage license. If The consulate has denied a fiance visa for a beneficiary section 221(g) can this not be the basis for an annulement.

Question makes no sense. The Consulate granted a spouse visa. Did you file an I-129F petition before you married, get the fiancee visa denied, then marry in Cambodia and file an I-130?

I think what you mean is that the K3 spouse visa was denied and then later the Consulate granted the CR1 visa. An annulment of the US marriage has no impact on the Cambodian marriage that was the basis for granting the immigrant spouse visa to begin with. It won't change the fact that you are married.

For the last time, unless she is deported, you're on the hook for the I-864 until one of the other conditions is met. The rest of your two weddings mess is a matter for a family law attorney.