CR1 Wife And Divorce

[ThyJourney 3]

Unable to find this discussion in the forum. Only see discussions about the CR1 applicant divorcing and how they proceed through the waiver for I-751 after divorce proceedings. My wife is under CR1 and only lived in USA for 1 month before moving back home. She now wants divorce and agreed and signed Joiner on the divorce petition and want no part of my assets. The divorce is currently in the 90 day processing before dissolution is finalized. Will i the petitioner be affected with immigration if wife not file a waiver I-751 after divorce? She lives in her own country with her current job and friends and has no desire to visit USA again. Will i be affected by this if i meet another person overseas and wanting to bring back to USA?

[Boiler 46,176]

Best for her to surrender her GC.

[LoveMyTico 999]

Just inform the USCIS that she has moved back to her country and has no desire to have the green card. They will assume she abandoned her residency. Put it in writing and call. That will also remove your affidavit of support obligation.

[Boiler 46,176]

Just inform the USCIS that she has moved back to her country and has no desire to have the green card. They will assume she abandoned her residency. Put it in writing and call. That will also remove your affidavit of support obligation.

They will not assume anything and certainly not from an ex.

[ThyJourney 3]

Ahh yes, The 'Affidavit of Support'. I'll have the wife put her statement in writing with signature then have her mail it to me. After the divorce is finalized i'll call the USCIS office here and inform them about the wife not wanting green card. I'll have wife statement and finalized divorce certificate if they requested those information. I imagine i just call the USCIS "National Customer Service Center" and the hour long wait time. Thank you much for the advice

[LoveMyTico 999]

Assume meaning after they receive notification. And after no ROC was filed

[ThyJourney 3]

For certain will be no ROC on her behalf. The soon to be Ex took over new position at her workplace. Plus, she is tied to family members that needs taken care of. Too many strong ties at her home and the fact she never lived outside her country before. Wasn't really fully prepared to leave her strong ties at home to move to new world.

[ThyJourney 3]

Was a risk on my part and i ensure her 'not' to quit her government job there until she was here.

[NancyNguyen 1,658]

She wants GC or not, it is her responsibility to notify them. You are not her to call and tell USCIS that "I don't want my green card anymore."

Just finalize your divorce and you are good to go.

[ThyJourney 3]

She wants GC or not, it is her responsibility to notify them. You are not her to call and tell USCIS that "I don't want my green card anymore."

Just finalize your divorce and you are good to go.

Good Point! She signed off the divorce papers that contain all the financial disputes then that should clear me of the "Affidavit of Support".

[NancyNguyen 1,658]

Good Point! She signed off the divorce papers that contain all the financial disputes then that should clear me of the "Affidavit of Support".

Thing is that you are obligated to "Affidavit of Support" until she reaches 40 qualifying quarters of work or she becomes US citizen or she is not LPR anymore.

She is LPR until she legally surrender her GC or USCIS decides she is no more LPR.

In my opinion, you guys are in good term so you don't have to worry much about it. To be rest assured, you can convince her to come to US embassy or consulate in Thailand to legally surrender her GC.

[LoveMyTico 999]

That is why I suggested notifying the uscis that she no longer lives in the US. You are obligated whether you are married or divorced. She has to surrender her greencard or become a USC or complete 40 quarters.

[ThyJourney 3]

Thank you all for the advice. I will inform her to return GC and i will for sure notify USCIS she is no longer in US.

[newacct 688]

Thank you all for the advice. I will inform her to return GC and i will for sure notify USCIS she is no longer in US.

You "notifying" USCIS that she is not in the US doesn't mean anything. It is always possible that at some point she will come back to the US and the immigration officer will decide she hasn't abandoned her residency and let her in as a permanent resident notwithstanding what you think. It's not for you or I to say that she is not a permanent resident unless she voluntarily goes through the process to give up her green card, or an immigration judge rules that she has abandoned it.

[LoveMyTico 999]

Or she doesn't file her ROC and her card expires.