my wife want to cancel her spnsoring me

[yousseff 3]

me and my wife we are going through a divorce because a lot of problems and she told me that she will call the immigration office and she will cancel sponsoring me is that will make problems for me and my green card and if it will affect me when I apply for a citizen ship and i have a 10 years green card but i have been living only for 2 years now in usa thank you

Edited September 10, 2014 by yousseff

[Merrytooth 5,748]

No. it won't affect you since you already have 10 years green card.

[akihon 129]

even if you're divorced, the I-864 binds the citizen to support the foreign spouse up until citizenship.

[Ontarkie 14,449]

~~Moved to Effects of Major Family Changes on Immigration Benefits, from IR-1 / CR-1 Spouse Visa Process & Procedures - As other similar threads discussed here~~

[GurkenSalat 48]

even if you're divorced, the I-864 binds the citizen to support the foreign spouse up until citizenship.

No, the I-864 just binds the citizen to pay back the state if the spouse ever becomes dependent on the state (i.e. welfare). OP is moving back to Europe, so the I-864 is a moot point. Even more so if he relinquishes his green card.

[aaron2020 11,651]

me and my wife we are going through a divorce because a lot of problems and she told me that she will call the immigration office and she will cancel sponsoring me is that will make problems for me and my green card and if it will affect me when I apply for a citizen ship and i have a 10 years green card but i have been living only for 2 years now in usa thank you

Ha. Ha.

Tell your wife to go ahead and call US immigration.

She can not withdraw her sponsorship even if you divorce.

Tell her if she tries to f... you over, you will get means tested benefits that she will legally have to reimburse the government for because of the binding I-864.

In fact, you can get 125% of the poverty level from her based on the I-864 as support after the divorce.

[Sekhvaruli 74]

even if you're divorced, the I-864 binds the citizen to support the foreign spouse up until citizenship.

It's not exactly true. The sponsor is responsible for reimbursing the aid the beneficiary might apply for and receive from government establishments. But there is no obligation for the sponsor to provide for the beneficiary.

[aaron2020 11,651]

It's not exactly true. The sponsor is responsible for reimbursing the aid the beneficiary might apply for and receive from government establishments. But there is no obligation for the sponsor to provide for the beneficiary.

You may want to read the I-864 again.

[mezamo 4]

Once the intending immigrant has obtained an immigrant visa, a sponsor, substitute sponsor, joint sponsor, or household member cannot withdraw his or her agreement to act as a sponsor, joint sponsor, or household member unless the person or entity who filed the visa petition withdraws the visa petition

[Sekhvaruli 74]

You may want to read the I-864 again.

I have read it again and I didn't find anything which is different from my statement. Give me the quote which, you think, proves me wrong.

[aaron2020 11,651]

I have read it again and I didn't find anything which is different from my statement. Give me the quote which, you think, proves me wrong.

Read page 7.

The I-864 sponsors' assets are deemed available to the green card holder immigrant.

If the sponsors fails to provide this support, the immigrant can sue for it.

Then read this: http://www.ksvisalaw.com/can-immigrants-sue-864-support/

Then read this:http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2192275

Then read this: http://www.avvo.com/legal-guides/ugc/demanding-support-payments-under-the-i-864-affidavit-of-support

Then read this: http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter3-5.html

Your statement that "there is no obligation for the sponsor to provide for the beneficiary" is wrong. The courts disagree with you and have awarded support based on the I-864.

Edited September 11, 2014 by aaron2020

[Sekhvaruli 74]

It's all about interpretation. The form itself doesn't say anything clearly about the sponsor's obligation to support. It's only the agreement between the sponsor and the government, that the beneficiary is not going to be a public charge.

[akihon 129]

Did you actually read what aaron2020 posted? What other interpretation is there for :

Under this contract, you agree that, in deciding whether the intending immigrant can establish that he or she is not inadmissible to the United States as an alien likely to become a public charge, the US Government can consider your income and assets to be available for the support of the intending immigrant.

If an intending immigrant becomes a permanent resident in the United States based on a Form I-864 that you have signed, then, until your obligations under the Form I-864 terminate, you must:

- Provide the intending immigrant any support necessary to maintain him or her at an income that is at least 125 percent of the Federal Poverty Guidelines for his or her household size (100 percent if you are the petitioning sponsor and are on active duty in the US Armed Forces and the person is your husband, wife, unmarried child under 21 years old)

If you do not provide sufficient support to the person who becomes a permanent resident based on the Form I-864 that you signed, that person may sue you for this support.

I don't see anything about paying the government for the immigrant going on welfare (This provision does NOT apply to public benefits specified in section 403© of the Welfare Reform Act etc.).

Also another passage from one of aaron's pages:

The I-864 commitment to provide economic support remains in effect until the immigrant becomes a citizen of the U.S., gets married to someone else, is deported, leaves the country and does not return, or dies. Getting separated or divorce does not eliminate this commitment, which has prompted a few federal and state courts to view the I-864 as a contract and a social obligation that can be subject to enforcement.

No, the I-864 just binds the citizen to pay back the state if the spouse ever becomes dependent on the state (i.e. welfare). OP is moving back to Europe, so the I-864 is a moot point. Even more so if he relinquishes his green card.

where did the OP say he was moving back to Europe? OP even asks if this affects his future application for citizenship. I would think that's pretty obvious he's staying in the US.

Edited September 11, 2014 by akihon

[Thomas&Cleofe 358]

Yeah, I was about to ask that same question. And why would he go back to Europe when he immigrated from a North African country.

[aaron2020 11,651]

It's all about interpretation. The form itself doesn't say anything clearly about the sponsor's obligation to support. It's only the agreement between the sponsor and the government, that the beneficiary is not going to be a public charge.

You wanted me to prove you wrong, and I did that.

You think your interpretation is correct. The courts' interpretations are at odds with yours, and you still think there is nothing in the I-864 that obligates the sponsors to support the immigrant. Those judges must be idiots since you are clearly right.

Edited September 11, 2014 by aaron2020