Advice needed for a friend

[karenkaye 1]

Hello fellow VJers. A friend is in the following situation: She is the USC; her husband came over on a K1- visa from Canada - they married July 07 - following AOS he rec'd 2 year GC. This is due to expire in June so a ROC would need to be filed for anytime after the 1st of March. Here's the problem - he abandoned her and their marriage on Jan 25th - she is not 100% sure but thinks he has returned to Canada - if that's the case then after the GC expiration in June is she off the hook so to speak for any obligation to a Aff of Support done in conjunction with the original K1 application? At this point no divorce proceedings are in the works. If she is wrong and he is still in the US and files a ROC without her and receives 10 year GC - (not even sure if this could happen if they are separated don't have a final divorce decree by that time) would she still be liable under the original Aff of Support? Any advice that I could pass on would be greatly appreciated. She has told me that he took all documentation with him when he left - she doesn't even know his A#.

[Anh map 2,098]

Yes, the I-864 affidavit from AOS will still be in effect if they divorce. If he abandons LPR status then her commitment is ended.

From I-864 page 3:

Your obligation to support the immigrant(s) you are sponsoring in this affidavit of support will continue until the sponsored immigrant becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work in the UnitedStates. Although 40 qualifying quarters of work (credits) generally equate to ten years of work, in certain cases the work of a spouse or parent adds qualifying quarters. The Social Security Administration can provide information on how to count qualifying quarters (credits) of work.The obligation also ends if you or the sponsored immigrant dies or if the sponsored immigrant ceases to be a lawful permanent resident and departs the United States. Divorce does not end the sponsorship obligation.

[VanessaTony 3,567]

As stated above, if he has left the US and handed over his GC then her obligation has ended.

You are also correct that if he intends to ROC without her he needs a divorce decree, or at least the divorce needs to be in motion (from my understanding).

If he doesn't ROC then he will be sent a letter stating that his greencard is cancelled and has 30 days to leave the US, or appeal the removal.

I personally advise making an infopass appointment to discuss the case. Do you have any of the emails with the case number or anything? I'm not sure what you need to book an infopass. Perhaps also send them a letter stating that he has left you. Other people might be able to give you more info but i'm sorry your friend is going through this.

Best of luck.

[elmcitymaven 9,712]

Moving to Effects of Major Changes on Immigration Benefits from Removing Conditions forum -- might get some further replies there.