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Filed: AOS (apr) Country: Jamaica
Timeline
Posted

You can ask, but it's not going to end the I-864 obligation.

You bring a person to the US, you vouch for him, and you guarantee that you would be responsible for him. It's that simple.

You cannot get out of your I-864 obligation because of divorce. And it doesn't matter that he's a fugitive. Innocent until proven guilty, so USCIS and ICE cannot do anything about him.

You are stuck with the I-864 obligation until one of the events listed by USCIS about ending the I-864 obligation occurs; I suggest you read the instructions for Form I-864. Notice that divorce and being a fugitive is not one of the cause for ending the I-864 obligation.

http://www.uscis.gov/files/form/i-864instr.pdf

How Long Does My Obligation as a Sponsor Continue?

:yes:

AOS

10/16/2012 Mailed I-485, I-765, I-131
10/19/2012 NOA1
11/09/2012 Biometrics Apt @ 3pm
12/25/2012 EAD/AP Approval
01/05/2013 Received EAD/AP in mail

06/20/2013 AOS APPROVED!!!!!

LIFTING OF CONDITIONS

3/23/15 Mailed I-751

3/25/15 NOA1

3/28/15 NOA1 Received in the Mail

4/28/15 Biometrics Apt.

11/13/15 ROC Approved

11/18/15 Approval Letter Received

  • 2 weeks later...
Filed: Timeline
Posted

I married a Turkish citizen and did all the immigration processes to bring him here and get his permanent greencard. He's been in the USA for 5 1/2 years.

We separated recently because he is physically and emotionally abusive to me and is dangerous. He tried to attack my friend with a knife and is now wanted by the police in 3 different states. His family and his employer are helping to hide him from the police. I have a restraining order against him and his associates.

I will be filing for divorce this week. But I'm not sure what to do about his immigration status and the documents that I completed that makes me financially responsible for him as I am is sponsor. How do I remove this?

Am I able to report him to immigration that he is a fugitive?

I can't afford an attorney as he has drained our bank account and I've had to get everything closed/changed in order to stop him from destroying my credit.

I think you need to just worry about getting divorced... I m sure he will calm down once you are not married. Hes upset because he is losing his status in the country... Hes got a permanent greencard. They are not going to kick him out. He just wont be able to become a citizen

Filed: Timeline
Posted

I married a Turkish citizen and did all the immigration processes to bring him here and get his permanent greencard. He's been in the USA for 5 1/2 years.

We separated recently because he is physically and emotionally abusive to me and is dangerous. He tried to attack my friend with a knife and is now wanted by the police in 3 different states. His family and his employer are helping to hide him from the police. I have a restraining order against him and his associates.

I will be filing for divorce this week. But I'm not sure what to do about his immigration status and the documents that I completed that makes me financially responsible for him as I am is sponsor. How do I remove this?

Am I able to report him to immigration that he is a fugitive?

I can't afford an attorney as he has drained our bank account and I've had to get everything closed/changed in order to stop him from destroying my credit.

Your obligations last I think 10 years. Since now he is a criminal, he wont be able to naturalise. Your biggest problem is just getting divorced. You will NOT be able to get out of your obligation but most likely, he wont be able to do much to hurt you. Its like he will get pregnant and stick the government with the bill. He will plea out the assault case and then it will be reduced. All this is is a pain in the butt to you and after its all over you will not be so depressed.. Its just going to be painful while it lasts

Filed: AOS (apr) Country: Denmark
Timeline
Posted

Your obligations last I think 10 years. Since now he is a criminal, he wont be able to naturalise. Your biggest problem is just getting divorced. You will NOT be able to get out of your obligation but most likely, he wont be able to do much to hurt you. Its like he will get pregnant and stick the government with the bill. He will plea out the assault case and then it will be reduced. All this is is a pain in the butt to you and after its all over you will not be so depressed.. Its just going to be painful while it lasts

? If he has worked for a total of 10 years, then yes. That's impossible since he hasn't been in the states for that long though. Otherwise the affidavit of support in enforceable until he either becomes a US citizen, until he abandons his status/is deported/leaves, until he dies or until the sponsor dies.

He can't get pregnant and he can't stick any bill for a child to the government. A child borh in the US is a US citizen and entitled to benefits. He isn't.

K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

Filed: Citizen (apr) Country: Australia
Timeline
Posted

Your obligations last I think 10 years. Since now he is a criminal, he wont be able to naturalise. Your biggest problem is just getting divorced. You will NOT be able to get out of your obligation but most likely, he wont be able to do much to hurt you. Its like he will get pregnant and stick the government with the bill. He will plea out the assault case and then it will be reduced. All this is is a pain in the butt to you and after its all over you will not be so depressed.. Its just going to be painful while it lasts

Its not 10 years, it's 40 SSA quarters which, if they worked full time, would be 10 years but if they never work then they'll never work the 40 SSA quarters.

Filed: Timeline
Posted

I have to agree with everything posted already. (Im in a similar situation and have researched it as well). Theres good and bad news.

The bad news is you cant get out of the 864 financial obligation until the conditions listed above are met (he leaves/is deported, one of you is deceased, he becomes a citizen, or he earns 40 SSA quarters) The good news is because hes a fugitive hes not going to be applying for anything under his name, causing you to have to repay it.

So you really shouldnt worry about the financial obligation and trying to get it revoked, because 1- you cant, and 2- he cant apply for anything as a fugitive anyway.

Your focus should be on getting a divorce. If you cant afford one you should google legal aid services in your county. Depending on your income and assets you may qualify for free or reduced rate assistance. If you dont qualify, you should file on your own anyway, because if hes a fugitive hes not going to show up to contest it, so it will go through with out him there.

As for his GC, you can contact ICE and let them know about him, but theres nothing they can do about it right now. Until he is found guilty in a court and serves his time, they wont do anything. Once his sentence is complete (depending on what he was incarcerated for) they will take action. This would mean being released from prison directly into ICEs custody if ICE determines their actions warrants revocation of the GC and subsequent deportation. (ICE has a system that monitors whos incarcerated for felonies in state prisons, so theyll know even if you dont contact them to report him)

A situation where you would have to contact ICE would be if someone (a GC holder) was charged with domestic violence in a local court, as ICE does not have the capabilities to monitor every local court across the US, but GC holders charged with and subsequently convicted of domestic violence can have their status revoked.

 
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