CR1 Wife And Divorce

[Boiler 45,541]

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

Not possible

[raven52 233]

My best friend just went through a similar situation. Divorced from his wife from the Phils.

Now, a few years later, is getting married next Saturday, to another one from the Phils.

Divorce final, no filing for AOS, or ROC.,,..,it all disappeared. She is history.

As to getting another K-1.,.,he waited awhile, and then filed when he met his to be wife.,.,,.the subject did not even come up, in interview or anything with USCIS.

Maybe he was lucky, but the Phils., is not very hard to get through.,.,.,IF.,and I say IF you can get by the ""Sputum Fiasco"" at St. Luke's, you have a clear path to the US.

[Cathi 5,755]

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.

what you are not understanding is, SHE is the one who must surrender her GC to the US embassy in her home country. His notifying USCIS won't mean a damn thing. it is her GC, her residence and HER responsibility. For all USCIS knows she is still in the country and he is a scorned ex. We know that isn;t the case, they don't and the only person who can take care of giving up residence is her and her ONLY.

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

No, this will clear you of nothing. The only way to clear your obligation is for her to turn over her GC,

[Boiler 45,541]

Exactly

[LoveMyTico 999]

I had a similar situation. You should call and report the fact that she lives in her countryand no longer in the U.S.. They will enter that into the uscis system and then anyone who has access to that system will see. If she doesn't ROC. Her green card will expire. She still needs to turn it in herself but it's better to cover your bases. Incase she lets someone else enter with her card etc....

[Joshua@Tinz 52]

If Im not mistaken isnt there a requirement, something along the lines of living inside the USA 6 months minimum per year until she is a citizen, that once its past would null and void any immigrant status filed, along with the AOS? Seems that we had been told that before when I wanted to file outside the USA and it would surely have affected us... I could be wrong though, wouldnt be the first time

[Boiler 45,541]

If Im not mistaken isnt there a requirement, something along the lines of living inside the USA 6 months minimum per year until she is a citizen, that once its past would null and void any immigrant status filed, along with the AOS? Seems that we had been told that before when I wanted to file outside the USA and it would surely have affected us... I could be wrong though, wouldnt be the first time

Yep you are wrong, much more complicate than that.

[LoveMyTico 999]

Yep you are wrong, much more complicate than that.

my husband was told he couldn't stay outside the United States for more than 5 months at a time.

[Joshua@Tinz 52]

my husband was told he couldn't stay outside the United States for more than 5 months at a time.

A lawyer told me that, but it was in 2013, and they didnt go into details of what the exact consequences are, I have to believe Boiler though as evident from his other post he has more experience in this then I do, but its certainly something for the OP to chase down and find out for sure

[LoveMyTico 999]

A lawyer told me that, but it was in 2013, and they didnt go into details of what the exact consequences are, I have to believe Boiler though as evident from his other post he has more experience in this then I do, but its certainly something for the OP to chase down and find out for sure

My husband just entered January 2015. He was told that by the consulate when he picked up his visa and immigration when he entered the first time.

[Boiler 45,541]

If you need to get into it with a Lawyer the first question to ask is how many Abandonment cases they have tried.

[Joshua@Tinz 52]

If you need to get into it with a Lawyer the first question to ask is how many Abandonment cases they have tried.

But for his AOS and requirements that pertain to it, wouldn't he be free and clear of it unless she resides in the USA? I mean she cannot be on welfare living in Thailand, at least not from us, and there is no court order for alimony as of now, technically he could file for divorce, set a court date and she would not show up.....similar to how people can divorce someone in prison without a signature (sad but I know it can be done because my sister did it haha)

[Boiler 45,541]

Resiidency has many definitions, the only clear route is if she surrenders her GC.

[ThyJourney 3]

The Ex will fill out and submit form I-407 along with her GC and copy of finalized Divorce papers.

http://www.uscis.gov/i-407