ASAP...Lifting Conditions - Looking at Divorce...advice?

[Beau & Digna 5]

Hi all,

I'm a US Sponsor who brought my Cuban K-1 visa fiancé/bride to the US a couple years ago. We are looking at divorce. We are in the middle of "Lifting Conditions of Residency"...actually this afternoon (Pacific Time) she is scheduled for a biometrics appointment, but I don't think we are going to go. What happens if we don't go? What happens if we do go, and divorce later? What are my responsibilities as sponsor...10 years still? What if she just wants to go to Cuba, and not come back to US? Is there a release of responsibility for sponsor, or can the conditional residency/green card just run out of time?

Time is of the essence .

Thank you all.

[Mariam&Smith 45]

It is her process, you don't have to go to biometrics appointment. Your financial ties are until she has works for 40 quarters or 10 years, she becomes us citizen or deceased.

[Beau & Digna 5]

It is her process, you don't have to go to biometrics appointment. Your financial ties are until she has works for 40 quarters or 10 years, she becomes us citizen or deceased.

I understand that it's her process at this point. However, my wife doesn't know how to drive, even given the driver's manual in Spanish, and some parking lot practice. I would need to drive her, or a friend, or a taxi. I don't think she realizes the consequences of missing biometrics, but we are having spousal problems. Maybe she just wants to get "out of town"...Cuba. I speak Spanish...language is not the problem for communication with us.

[Beau & Digna 5]

It is her process, you don't have to go to biometrics appointment. Your financial ties are until she has works for 40 quarters or 10 years, she becomes us citizen or deceased.

Sorry M&S,

I felt disrespectful in my previous reply. It's just that very few Cubans drive, let alone have an actual license to drive.

[kzielu 1,149]

Hi all,

I'm a US Sponsor who brought my Cuban K-1 visa fiancé/bride to the US a couple years ago. We are looking at divorce. We are in the middle of "Lifting Conditions of Residency"...actually this afternoon (Pacific Time) she is scheduled for a biometrics appointment, but I don't think we are going to go. What happens if we don't go? What happens if we do go, and divorce later? What are my responsibilities as sponsor...10 years still? What if she just wants to go to Cuba, and not come back to US? Is there a release of responsibility for sponsor, or can the conditional residency/green card just run out of time?

Time is of the essence .

Thank you all.

If she doesn't go, than eventually her petition will be denied, status terminated and she will be asked to leave US.

If you go and divorce later - depending on when the divorce happens - she may need to re-file with a divorce waiver or she will just get 10 years green card. Your responsibilities remain the same as long as she is LPR - if she does not remove conditions and her status is terminated, then obviously your sponsorship ends.

[novedsac 355]

Your responsibilities remain the same as long as she is LPR - if she does not remove conditions and her status is terminated, then obviously your sponsorship ends.

If the question is about obligation under the I864, then termination of her status DOES NOT end the obligation of the sponsor under the I864.

The sponsor is relieved of the I864 status only if:

1. LPR leaves the US permanently

2. LPR dies

3. Sponsor dies

4. LPR acquires 40 quarters of credit under social security (this is where people get the ten year thing, but it could be longer than ten years)

5. LPR becomes a US citizen

6. LPR obtains a new adjustment of status (ie, someone else provides a new I864 to support LPR through a new process)

[Beau & Digna 5]

If she doesn't go, than eventually her petition will be denied, status terminated and she will be asked to leave US.

If you go and divorce later - depending on when the divorce happens - she may need to re-file with a divorce waiver or she will just get 10 years green card. Your responsibilities remain the same as long as she is LPR - if she does not remove conditions and her status is terminated, then obviously your sponsorship ends.

I think that is pretty correct, but how long are removal proceedings, and when do they start (i.e. deportation)? I do not want that to happen in any case.

That is kind of what I was looking for (in an informative way...not negative). Would Sponsorship end if conditions aren't removed, and residency expires?...Thank you.

Cuba is a problem though, as they are the only country that has "wet foot - dry foot" policy. I'm not really concerned about that though in our case...she misses Cuba too much.

[Ontarkie 14,446]

~~Moved to Effects of Major Family Changes on Immigration Benefits , from Removing Conditions on Residency General Discussion - As this is more then just a ROC question.~~

[Caryh 5,206]

I think that is pretty correct, but how long are removal proceedings, and when do they start (i.e. deportation)? I do not want that to happen in any case.

That is kind of what I was looking for (in an informative way...not negative). Would Sponsorship end if conditions aren't removed, and residency expires?...Thank you.

Cuba is a problem though, as they are the only country that has "wet foot - dry foot" policy. I'm not really concerned about that though in our case...she misses Cuba too much.

They may not even bother with removal proceedings. But if they do, it will not be until some time after the petition is adjudicated. If you don't want her deported, get her to the biometrics appointment and let her finish removing conditions. You've paid for it after all. If she wants to return to Cuba and not keep legal resident rights, then get her a ticket before the case is adjudicated.

Given the special status given to Cubans, she may be able to change her legal resident status based on her nationality even if removal proceedings begin. But if she wants to stay, why not do so based on the ROC, its already paid for?

[Beau & Digna 5]

If the question is about obligation under the I864, then termination of her status DOES NOT end the obligation of the sponsor under the I864.

The sponsor is relieved of the I864 status only if:

1. LPR leaves the US permanently

2. LPR dies

3. Sponsor dies

4. LPR acquires 40 quarters of credit under social security (this is where people get the ten year thing, but it could be longer than ten years)

5. LPR becomes a US citizen

6. LPR obtains a new adjustment of status (ie, someone else provides a new I864 to support LPR through a new process)

This is pretty official...Leaving the US permanently, or Becoming a US citizen are my best options. Cubans can stay as fugitives though. Who's responsible for that?

[Beau & Digna 5]

This is pretty official...Leaving the US permanently, or Becoming a US citizen are my best options. Cubans can stay as fugitives though. Who's responsible for that?

Is there a form to sign to leave the US permanently?

[novedsac 355]

Cubans can stay as fugitives though. Who's responsible for that?

As it pertains to the I864, the sponsor is responsible.

[Merrytooth 5,748]

Is there a form to sign to leave the US permanently?

One could file Form I-407, Abandonment of Lawful Permanent Resident status either with the Department of Homeland Security (make an Infopass appointment with the local USCIS office) here in the US or with a US Consular Office abroad

http://photos.state.gov/libraries/164203/dhs/I-407.pdf

[Caryh 5,206]

As it pertains to the I864, the sponsor is responsible.

As amazing wrong as this might seem, a former legal resident who loses legal status and stays illegally is still the responsibility of the original I-864 signer.

[jxn 86]

I'm sorry to hear about the problems.

In my opinion, even if you're both very upset with each other, the best thing to due is to try to put those feelings on hold for half a day and go out to get her biometrics.

That way you can still abandon the process later if need be but you don't complicate things if you make up and then have to reschedule biometrics and add unnecessary time to the process.