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

[tuckin14 58]

What seems to me to be missing from this thread is your wife's desires. Not that you are obligated to her to indulge them, but she has rights.

Remember that your I-864 obligation only applies if she receives means-tested government assistance, and as an undocumented immigrant that will be harder. I don't know anything about special status for Cubans, but if she has a way to stay in the USA other than as your sponsored spouse, that could extend the I-864 obligation.

If you don't go for biometrics and don't reschedule, the I-751 will probably be deemed abandoned and she will lose status. I don't see how that's different than getting biometrics and getting ROC denied later on. Either way she'll have status revoked and be placed in removal proceedings.

The big question is what does she want. If she wants to go back to Cuba, that's probably your best solution also. Let the whole greed card thing go, she returns to Cuba, then with no status and she's not here, how will she get back? But if she wants to stay, she has lots of ways to stay. It seems likely to me that if they try to deport her at some point and she wakes up and says she wants to stay, she'll probably get a chance. If I were an immigration judge and a non-driving, non-English speaking defendant came before me and said (en espanol) "I didn't know what was going on, my husband didn't take me for the fingerprints, I didn't know what was happening, we were getting divorced and he just wanted to make it harder on me" I might well give her another chance.

Your best bet is clearly to encourage her to leave and make it possible - if that's what she wants too.

[Gosia & Tito 199]

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.

I'd go. Then you have some time to sort things out and do as needed depending of outcomes.

[Caryh 5,206]

What seems to me to be missing from this thread is your wife's desires. Not that you are obligated to her to indulge them, but she has rights.

Remember that your I-864 obligation only applies if she receives means-tested government assistance, and as an undocumented immigrant that will be harder. I don't know anything about special status for Cubans, but if she has a way to stay in the USA other than as your sponsored spouse, that could extend the I-864 obligation.

If you don't go for biometrics and don't reschedule, the I-751 will probably be deemed abandoned and she will lose status. I don't see how that's different than getting biometrics and getting ROC denied later on. Either way she'll have status revoked and be placed in removal proceedings.

The big question is what does she want. If she wants to go back to Cuba, that's probably your best solution also. Let the whole greed card thing go, she returns to Cuba, then with no status and she's not here, how will she get back? But if she wants to stay, she has lots of ways to stay. It seems likely to me that if they try to deport her at some point and she wakes up and says she wants to stay, she'll probably get a chance. If I were an immigration judge and a non-driving, non-English speaking defendant came before me and said (en espanol) "I didn't know what was going on, my husband didn't take me for the fingerprints, I didn't know what was happening, we were getting divorced and he just wanted to make it harder on me" I might well give her another chance.

Your best bet is clearly to encourage her to leave and make it possible - if that's what she wants too.

It appears to me from what the OP has said, he does care about what she wants. He even mentioned if she wants to return to Cuba and not return. He also mentioned in reply, he would not like to see her deported. My guess is currently she's not speaking with him over some argument, and he's not currently getting much about her wishes right now.

[raven52 233]

jxn, IS exactly right,..

[Beau & Digna 5]

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?

Sorry to not respond for so long...I just haven't signed on for a while. We did make it to her biometrics. I wanted her to make it, but she said she wasn't going to go...Yeah, I'm not big on that "game" . She already had a one year extension of conditional residency when her "lifting of conditions" application was received by USCIS. She could return to the US if she visited Cuba married/divorced/otherwise. I was looking at limiting my financial obligation in that event. I was just wondering if there was a form to renounce conditional residence, thus letting me off the hook for means benefits she may receive in the future. The good news is that we're pretty much back on our loving track...so it's a mute point, but perhaps it helps all the VJ'rs, and others as well. Thank you!

[Beau & Digna 5]

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

Thank you for the info! We're back on track, but I appreciate the useful information to help others following.

[Beau & Digna 5]

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.

Nothing is easy...ha ha ...Thank you.

[Beau & Digna 5]

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.

Agree fully...We made it to biometrics. She said she wasn't going, but we made it. Things are better now...Thanks for your help my friend.

[Beau & Digna 5]

What seems to me to be missing from this thread is your wife's desires. Not that you are obligated to her to indulge them, but she has rights.

Remember that your I-864 obligation only applies if she receives means-tested government assistance, and as an undocumented immigrant that will be harder. I don't know anything about special status for Cubans, but if she has a way to stay in the USA other than as your sponsored spouse, that could extend the I-864 obligation.

If you don't go for biometrics and don't reschedule, the I-751 will probably be deemed abandoned and she will lose status. I don't see how that's different than getting biometrics and getting ROC denied later on. Either way she'll have status revoked and be placed in removal proceedings.

The big question is what does she want. If she wants to go back to Cuba, that's probably your best solution also. Let the whole greed card thing go, she returns to Cuba, then with no status and she's not here, how will she get back? But if she wants to stay, she has lots of ways to stay. It seems likely to me that if they try to deport her at some point and she wakes up and says she wants to stay, she'll probably get a chance. If I were an immigration judge and a non-driving, non-English speaking defendant came before me and said (en espanol) "I didn't know what was going on, my husband didn't take me for the fingerprints, I didn't know what was happening, we were getting divorced and he just wanted to make it harder on me" I might well give her another chance.

Your best bet is clearly to encourage her to leave and make it possible - if that's what she wants too.

You have some great advice, but some that you may not be tuned to ours. What I was saying is...I want my wife to have the best possible future, but I don't want to be denied my financial future as well.

Once an application for I-751 ROC, there is a one year extension letter for the conditional green card (for processing).

She wants to visit Cuba every day, but she wants to work/earn money in the US to send back to Cuba. She has a ticket to Cuba a week from now...will she return...TBD. I'm familiar with our family there, but still.

[Beau & Digna 5]

It appears to me from what the OP has said, he does care about what she wants. He even mentioned if she wants to return to Cuba and not return. He also mentioned in reply, he would not like to see her deported. My guess is currently she's not speaking with him over some argument, and he's not currently getting much about her wishes right now.

Thank you !...You are very insightful! We've pretty much worked the problems out though. I like that you listened/heard/understood! Thanks!

[Caryh 5,206]

Thank you !...You are very insightful! We've pretty much worked the problems out though. I like that you listened/heard/understood! Thanks!

No problem. My wife had a hard time adjusting to life in the USA also. Many times I thought I'd have no choice but to get her a ticket to return home. This wasn't out of a lack of love on our parts, but her homesickness, and the big difference from being a respected business owner in her country, to being just an employee in the USA. Both of these were big hurdles for her to adjust to. She's mostly gotten over them now. Also the pace of work in the USA is much different. People are so serious here, and work hard without as much fun at work as her own country. I see her point greatly here, this is one of the things I love about her country, but never really realized why until she got here. Many times I sat in her place of business in her country and watched how the work day went about. Sure there was working going on, but there was also many breaks to just have fun, eat some snacks, or even to watch a TV program. Such things just wouldn't go on in most American businesses. Which helps to make us more efficient, but work life more or less sucks here compared to her country.

Don't give up hope. It might not be easy for her, but in time she's likely to adjust if the support and understanding is there from you. I know it can feel like your heart is ripping out, but you know she's feeling the same thing to. Good luck, and I hope you two can successfully work through it.