Consular report of birth abroad correction

[psalyach 0]

The child has no right to US citizenship. If the FS-240 is revoked then the child's passport will also be revoked. If you knowingly allow the child to retain it's US citizenship even though it's not your biological child then you could be found complicit in a crime. Do the right thing.

Neither divorce or annulment terminates your obligations under the I-864. These terms are clearly laid out in the contract portion of the document. It really has nothing to do with what's fair as far as terminating your relationship with her, and everything to do with protecting the taxpayers. Your best hope now is that she loses her conditional resident status. That will terminate your obligations under the affidavit of support.

I have no control whether she will lose the CR-1 status. I guess it can only happen if she has stayed abroad for a long time and not in a position to remove the conditional status (obviously, I am not going to petition for her removal of CR-1 any longer).

Regarding the annulment filing, I will let it continue, even after your information that it will not terminate my obligation under I-864. It still serve as a legal paper under the state law. The case has gone forward enough that I am just waiting for the start of order of publication process (since the defendant is not in the US). In order to file for a non-suit, the defendant will have to be served again (and I do not wish my ex wife to know that I am thinking of dropping this lawsuit altogether).

Appreciate your insight and thanks again for pointing out the social responsibility of revoking FS-240 which I will start filing immediately. Please don't get me wrong, I have not asked for fairness about revoking of the affidavit of support, I just want to make sure that I have explored every venue and have done as much as I can, in order to protect myself and to undo the damage that has occured. I understand the taxpayer burden versus personal wishes. I am just looking at the worst case what if scenario and the possibility of the I-864 enforcement. After have done everything I can, all I can do is wait and see the outcome of either her losing CR-1 status or the affidavit of support enforcement (only if she returns and file for assistance).