Can a I-864 be revoked after issuance of temporary GC but before issuance of Permanent GC?

[Mountain Climber 186]

I realize that the I-864 can be revoked before any GC is issued.

She has received the temporary GC but not the Permanent GC. We have been married for 2 years and 7 months. I found that she had been traveling to another state to "visit her sister," when in reality it was to visit her lover. She has now admitted this.

She dragged the marriage out, playing both sides with intent (so I say) to divorce after the Permanent GC arrived to get past the 2 year stage and to make things easy.

But I found proof of infidelity, she admitted infidelity, and admits it as part of the signed, notarized divorce papers which have been finalized by the Court. We are divorced now.

So it will be within a few months that she will have to go to the Permanent Green Card hearing alone, as a divorced person.

I believe that I cannot revoke the I-864 now for any reason because it is after the issuance of the temporary GC -- is this true?

Or can I revoke the I-864 because the permanent GC has not been granted?

Thank you.

It never amazes me how cold and calculating some people can be. Rest assured your ex will receive bad karma for her actions.

I realize that the I-864 can be revoked before any GC is issued.

She has received the temporary GC but not the Permanent GC. We have been married for 2 years and 7 months. I found that she had been traveling to another state to "visit her sister," when in reality it was to visit her lover. She has now admitted this.

She dragged the marriage out, playing both sides with intent (so I say) to divorce after the Permanent GC arrived to get past the 2 year stage and to make things easy.

But I found proof of infidelity, she admitted infidelity, and admits it as part of the signed, notarized divorce papers which have been finalized by the Court. We are divorced now.

So it will be within a few months that she will have to go to the Permanent Green Card hearing alone, as a divorced person.

I believe that I cannot revoke the I-864 now for any reason because it is after the issuance of the temporary GC -- is this true?

Or can I revoke the I-864 because the permanent GC has not been granted?

Thank you.

It never amazes me how cold and calculating some people can be. Rest assured your ex will receive bad karma for her actions.

I realize that the I-864 can be revoked before any GC is issued.

She has received the temporary GC but not the Permanent GC. We have been married for 2 years and 7 months. I found that she had been traveling to another state to "visit her sister," when in reality it was to visit her lover. She has now admitted this.

She dragged the marriage out, playing both sides with intent (so I say) to divorce after the Permanent GC arrived to get past the 2 year stage and to make things easy.

But I found proof of infidelity, she admitted infidelity, and admits it as part of the signed, notarized divorce papers which have been finalized by the Court. We are divorced now.

So it will be within a few months that she will have to go to the Permanent Green Card hearing alone, as a divorced person.

I believe that I cannot revoke the I-864 now for any reason because it is after the issuance of the temporary GC -- is this true?

Or can I revoke the I-864 because the permanent GC has not been granted?

Thank you.

It never amazes me how cold and calculating some people can be. Rest assured your ex will receive bad karma for her actions.

[Harmonia 211]

So what I'm hearing is "I married the wrong woman. She cheated on me, and I promised to sponsor her so she could come to live with me. But because I made a bad decision in choosing a foreign wife, I now want the government to fix my problem."

You sponsored her to come. Family immigration is a privilege. You proved to USCIS that it was a bonafide relationship made in love, not solely for any immigration benefit. Now it didn't work out, and you don't want to hold up your end of the contract. Why should us the taxpayers be responsible for supporting your bad decision?

[Borderlander 0]

A woman walks through a park, she has a skirt on--she gets raped. Well, if she had shown less flesh she might not have--it's her fault.

A person finds that someone has perpetrated credit card fraud upon them. Well, if they hadn't been so greedy, and didn't have a credit card well, they never would have been defrauded, so it's their fault.

C'mon Harmonia, are you serious about what you wrote? Those two silly scenarios seem to be in alignment to what you wrote. Got defrauded--it's your fault. Sorry but I think no.

From: http://www.nolo.com/legal-encyclopedia/divorce-your-conditional-residence-status-how-file-divorce-waiver-with-form-i-751.html

"You should also prepare a written explanation of why your marriage ended. I-751 waivers are discretionary. (That is, USCIS makes its decision on a case-by-case basis depending on your individual circumstances). If USCIS discovers that you were at fault in the termination of your marriage (because you abandoned your spouse or committed adultery, for example), the agency may deny your I-751 petition."

1)She abandoned me when I moved and she failed to move with me.

2)She committed adultry.

Remember for almost two years she played the "good wife" part. Why not, she got a free education that I set up for her; She got Orthodontics to the tune of ~$9800; She got job experience and a credit score of ~760 and even if there was the real "spouse to be" waiting in the wings, perhaps a lover here on an H1B, life for her, and at the time, for me was good. And what did she get: All the above and if the I-751 is approved a path to citizenship for the guy who appears to have been complicit. (If my H1B scenario were to prove correct).

Any you scold me Harmonia?

And by what manner of prescience Harmonia, would anyone know, if a person was perpetrating this sort of fraud, by deception that these actions appear to be aimed at a type of fraud that I'll call a "Anticipated relationship end by date (in coincidence with receipt of the permanent Green Card.)"

Immigration scams exist, USCIS states that an estimated 10-15% are frauds--but because one party engages in fraud does not mean that the other engaged in it also.

To me, at least prior to 2016 it looked like a bona fide relationship, and felt like one. I thought it was bona fide, enough to make her a solid platinum engagement ring with a GIA certified D color, VI1 diamond with a retail sales value of about $4500. (I'm a competent jeweler and GIA certified in diamonds). By what means could I have known Harmonia--would you advise guys to waterboard their immigrant wives to make sure they really have a bona fide relationship?

The only sure, provable proof of bona fide relationship will occur some time after issuance of the permanent GC. If the marriage stays together when the Immigrant can now, for any reason (in most states) discard the K1 petitioner as no longer necessary since the Immigrant now has a clear path to citizenship. Is this an adult version of "anchor babies?"

Am I really worried about having to cough up some means-tested funds that she'll abscond with--no.

So I'm out maybe $20 grand, in return I got some fun times and lots of great sex--so am I really out? Some would say no and some would say: "We'll she's smart, she'll make a good citizen.

Others might say: "If this was planned from the beginning with the GC as the ONLY goal, well if a person can do that--with that kind of morals, she will not make a good citizen.

Remember I did absolutely nothing wrong, all I wanted was a wife. Seems that all she wanted was a permanent GC. She got what she wanted. I did not get what I signed on for.

So like the above cases--blame me. Good luck with that.

At least you are correct in one thing--I married the wrong woman, an exceptionally bright con.

She's smart, she's lovely, she's sexy, she'll make a great wife, but just not for me since I was a mere conduit to the GC.

And with the apparent increased burden of evidence required by the immigrant, so that the once popular: "Set up the US Citizen, file VAWA--get a free ride," no longer is an easy route, the "poor scammer" must endure an all expense paid 2.5 years to be able to then become an American Citizen by dumping the partner that at all times acted honestly.

And dear Harmonia let me tell you exactly why I do not fear having "to pay."

Here is the exact wording within the State accepted final divorce decree, I wrote it after researching (the best article is mentioned below) it may prove useful to some here in the future. If you are a victim I suggest that you add that paragraph to your divorce decree if you can do it.

"In light of admitted infidelity Respondent surrenders her right to sue Petitioner to enforce an affidavit of support (I-486) and to indemnify Petitioner in the event that any other entity seeks reimbursement for any means-tested public benefits."

Mind you this is a State document, signed by her, under penalty of perjury--it is a clear admission of guilt.

Frankly I think that sentence is a gem and let any agency attempt to recover one cent from this scammers antics and they'll have a handful with this Pro Se defendant.

That paragraph 1) Gives me the right to sue her if she racks up any means-tested benefits--for her lifetime if done properly. 2) Infidelity would make it difficult to collect under the legal concept of unconscionability and 3) Res judicata (One Court cannot retry what another Court has tried.

How about this:

"Other Possible Defenses and Unconscionability

Other possible defenses which may be raised against a claim for support obligations under the I-864 include the following: res judicata, collateral estoppel, due process, infringement on marital and familial rights, termination of right to enforce affidavit of support, collateral source set off, fraud, and other contract-based defenses, such as lack of consideration, void for vagueness/void for lack of definite terms, illusory contract, duress, and unconscionability. As a practice pointer, most or all of these defenses will be affirmative defenses and must be raised in the answer or first responsive pleading..."

For a great article on this see:

https://www.floridabar.org/divcom/jn/jnjournal01.nsf/c0d731e03de9828d852574580042ae7a/2cbe6a52e76636f28525763b00661a63!OpenDocument&Highlight=0,*

So if I was at fault Harmonia, will you also fault the 15,000 to 90,000 others who were defrauded through marriage?

The following comes from: http://cis.org/marriagefraud (a great read about Immigration fraud, and one might argue, Immigration success too).

"Every year, thousands of foreign nationals wishing to move to the United States or gain permanent resident status do so by marrying American citizens. In some cases, the Americans are willing participants in the fraud, in others they are victims. There is no way of knowing what percentage of the 300,000-plus spouses who gain green cards each year through marriage to American citizens or LPRs do so based on a fraudulent relationship, but consular officers interviewed for this Backgrounder offered estimates ranging from 5 to 30 percent."

[Borderlander 0]

So what I'm hearing is "I married the wrong woman. She cheated on me, and I promised to sponsor her so she could come to live with me. But because I made a bad decision in choosing a foreign wife, I now want the government to fix my problem."

You sponsored her to come. Family immigration is a privilege. You proved to USCIS that it was a bonafide relationship made in love, not solely for any immigration benefit. Now it didn't work out, and you don't want to hold up your end of the contract. Why should us the taxpayers be responsible for supporting your bad decision?

As a final note, since nobody knows me from Adam, my salary is ~$94,000/year. I have passive income of $31,000 and I have zero to pay on my primary residence.

Harmonia I was defrauded and guess what--if you are American, you too were defrauded--imagine that.

About the only thing that I'd like the government to fix is that when there is evidence of fraud that they do investigate it, and in this case I think they will.

In a few years I'll hire a skip tracer and I'll be surprised if she's still in America.

I've already sent evidence to USCIS just as anyone who suspects fraud should do.

[Merrytooth 5,748]

How much time did you spent with your ex physically in person before committing to petition her over?

What kind of job experience / education level she has in her home country?

What is age gap between the 2 of you?

[Harmonia 211]

You haven't provided proof of fraud. Infidelity, yes. That's not fraud.

Maybe next time you pick a mate, focus less on how much $ you spend on a diamond and more time getting to know the person.

And frankly, if you're so paranoid about VAWA claims, maybe you shouldn't pay people to skip trace her and then talk about it on a public internet forum. It could look like stalking. Move on.

Edited August 15, 2016 by Harmonia

[Borderlander 0]

We met online, conversed every day for a year, I went and met her and some of her family and spent 8 days. Then about 6 months later I spent 6 weeks with her and her family.

She has one year of college, the equivalent of a CNA (Certified Nursing Assistant) which is equivalent there to ~$12,00/hour purchasing power here. But she did not go that route, she bought a small shop in a mall from her sister and made enough in three years to build a quite respectable house (equivalent to about $200k here). She said that she dropped the business because she was being taxed to death." Still he had a large (for the Philippines), well made house with no mortgage.

When I was there, and later we both took an online financial investing class. It was too much for me and I dropped the class. She persevered and missed passing the final exam by 5 points. Smart lady, and impressive.

She's half my age, almost exactly.

OMG! That's the problem -- what was I thinking!

Nah, it doesn't factor. We know other Fil-Am marriages with large age gaps and they have weathered a great amount of time.

Of course it does rankle some American sensibilities, especially those of some women who are aghast at the thought of perverted old men forcing themselves upon the oh-so poor immigrant.

Here's a bit of verbiage that's commonly found online:

“Because of the dynamics mentioned previously, age difference is not a factor. Again, it is not a matter of ‘gold-digging’. Their desire for a lifelong husband they can love and adore is sincere. They simply do not see the age difference as an issue. A 19 year old girl here can, and often does, marry a man in his late 60’s and together they start a family. I know that comes as something of a shock to many of you, perhaps difficult to comprehend in any sense of what you usually define as ‘normal’. But it simply is not a big deal here. And not all relationships have that large a gap. At times the woman may be in her late 20’s and the man in his early 60’s. He does love her and she does love him. It’s not solely about money any more than marriages anywhere else where a woman who chooses a husband her own age and takes that man’s job into account. “Is he a doctor? A lawyer? What does he do for a living?” are questions very commonly asked in the United States by curious female BFF’s when their friend meets a new boyfriend. Earning ability is a factor women take into account when meeting a man. It’s a factor, but it’s not the only deciding factor for marriage. (At least, it shouldn’t be, in my opinion.) But here, age difference is not a factor.” From: http://lifebeyondthesea.com/relationships-in-the-philippines-part-3/

Frankly, this is not about age difference and it's not about gold-digging either. She plopped down her engagement ring as though it was a stale cookie. She wanted nothing and most judges would have been happy to award the poor lass some alimony.

So what'cha think Merry.... Nasty old man stealing candy from a baby that grew up? Or something different?

I will say this: She was adamant that she and her sister eventually would bring her brothers and she would adopt a niece and bring her to America (as a start). Heck, I thought that was a good idea, I liked the brothers and I would have been more than happy to adopt the niece, she was a treasure. Oops, I forgot, I'm just not necessary anymore... gosh darn.

[Borderlander 0]

Thank you for sharing Harmonia.

So we knew each other for two years and spend 7 weeks together in person.

I wonder what the norm is for Americans that marry people from other countries.

Move on.... that seems to be the answer most commonly given here... not think about it, or share, or ponder, just "move on." Hmm....

[Cheezees 1,514]

No one cares how much you earn, if you spent 10K on her teeth, if you spent 20K+ on her immigration process, if you got "some great sex" from her, if you had her sign a state contract in some misguided attempt to nullify the still-enforceable FEDERAL contract between you and the US government, if you pulled up articles on December-May pairings, etc. Unless you can attest with solid proof that fraud was the intent upon marrying you (not that she came here and fell for someone else), then the I-864 is still enforceable.

Infidelity is not synonymous with immigration fraud. She could argue you abandoned her when you moved. Being the conditional resident does not mean she miss move if you decide to. She is not a lesser being.

So, if the "visitations to the sister" commenced the day after touchdown and you have specific proof of that, then you may have a case that is presentable to USCIS. Otherwise, move on and hope for her citizenship. That is the fastest route to relieve yourself of the obligations of the I-864.

[Unlockable 7,315]

Just a quick note... adoption for immigration doesn't work like that. Immigration has clamped down on adoption rules for the very reason you mention, "she would adopt a niece and bring her to America (as a start)". It the child is over 16 or either parent is alive and breathing, adopting them for immigration is nearly impossible.

[Avery Cates 1,141]

So I'm out maybe $20 grand, in return I got some fun times and lots of great sex--so am I really out?

In light of that, I wouldn't say you're out at all. That's only $192.30 per week which in street value of such services is actually pretty good indeed.

[Cheezees 1,514]

Avery Cates, you are killing me!

[Villanelle 4,122]

"In light of admitted infidelity Respondent surrenders her right to sue Petitioner to enforce an affidavit of support (I-486) and to indemnify Petitioner in the event that any other entity seeks reimbursement for any means-tested public benefits."

Mind you this is a State document, signed by her, under penalty of perjury--it is a clear admission of guilt.

Frankly I think that sentence is a gem and let any agency attempt to recover one cent from this scammers antics and they'll have a handful with this Pro Se defendant.

That paragraph 1) Gives me the right to sue her if she racks up any means-tested benefits--for her lifetime if done properly. 2) Infidelity would make it difficult to collect under the legal concept of unconscionability and 3) Res judicata (One Court cannot retry what another Court has tried.

This is UN-enforceable in regards to the aff of support. Please see the thread on here about suing under the 864 for more info and if you wish to discuss it further.

Also I asked you on the other thread if you are seeking help in impacting her ROC. You never answered. Are you just here to rant?

[Cheezees 1,514]

This is UN-enforceable in regards to the aff of support. Please see the thread on here about suing under the 864 for more info and if you wish to discuss it further.

Also I asked you on the other thread if you are seeking help in impacting her ROC. You never answered. Are you just here to rant? No he's here to let us know how much money he spent and how much he earns. Apparently we should be impressed.

"... if you had her sign a state contract in some misguided attempt to nullify the still-enforceable FEDERAL contract between you and the US government..." (from my post above)

I've said it, now you've said it, I hope he listens!

[Borderlander 0]

No one cares how much you earn, if you spent 10K on her teeth, if you spent 20K+ on her immigration process, if you got "some great sex" from her, if you had her sign a state contract in some misguided attempt to nullify the still-enforceable FEDERAL contract between you and the US government, if you pulled up articles on December-May pairings, etc. Unless you can attest with solid proof that fraud was the intent upon marrying you (not that she came here and fell for someone else), then the I-864 is still enforceable.

Infidelity is not synonymous with immigration fraud. She could argue you abandoned her when you moved. Being the conditional resident does not mean she miss move if you decide to. She is not a lesser being.

So, if the "visitations to the sister" commenced the day after touchdown and you have specific proof of that, then you may have a case that is presentable to USCIS. Otherwise, move on and hope for her citizenship. That is the fastest route to relieve yourself of the obligations of the I-864.

Let's see...someplace you commented that I did not comment on your comment.

I do have proof that the "visitations to sister" occurred exactly 35 days after marriage, exactly the next day after receiving the first GC.

Nice that you absolutely know all the answers Cheezees, now I'll "move on" to your next post to see which one I missed.

Thanks for sharing.