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Separation from spouse

By saugertiesenis in Effects of Major Family Changes on Immigration Benefits

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saugertiesenis Rookie

saugertiesenis   0

Posted
Filed: IR-1/CR-1 Visa Country: Turkey
 Timeline
Posted

Hello.  After my wife came to this country, she started treating me very badly, so I left her because I couldn't take it anymore.  She is a conditional permanent resident.  The deadline for her to apply for readjustment of status was last month.  I did not file jointly with her.  Should I notify USCIS of the separation?  How should I notify them?  Please help me if you know the best course of action.  Thank you

cyanmavi Collaborator

cyanmavi   101

Posted
Filed: Citizen (pnd) Country: Turkey
 Timeline
Posted

Are you divorced? She can apply for removal of conditions with a divorce waiver on her own. There is nothing you need to do, it is her immigration process.

 

K-1, AOS, ROC, Citizenship timeline below:

Spoiler

 

Met in school summer of 2011, started dating May 2012, engaged June 2016

07/15/2016 - Sent K-1 visa documents                    04/20/2017 - Mailed AOS package                                              09/16/2019 - Mailed ROC package to wrong center

07/19/2016 - NOA1 (California Service Center)         04/23/2017 - AOS package delivered                                          09/19/2019 - Printed everything again and mailed it correctly

09/02/2016 - NOA2 (45 days)                                 04/29/2017 - AOS text and email notifications                             09/23/2019 - ROC Case Was Received

09/15/2016 - NVC case number assigned                 05/04/2017 - NOA1 received for AOS, EAD, AP                            12/02/2019 - Biometrics Appointment (Got notice late, missed appt)

09/29/2016 - Case is "Ready" at embassy                05/22/2017 - Biometrics taken                                                   12/09/2019 - Biometrics taken, walk-in

10/06/2016 - Got an interview date!                        06/14/2017 - Case is Ready to Be Scheduled for Interview            12/10/2019 - Fingerprint Review Was Completed

11/06/2016 - Scheduled the medical!                       08/03/2017 - Interview is Scheduled                                           04/22/2020 - Case Was Received At My Local Office

12/06/2016 - Medical done!                                    09/06/2017 - Interview time!                                                     05/22/2020 - New Card Is Being Produced

12/12/2016 - Interview done! Visa approved!            09/06/2017 - RFE for (lost) medical                                            05/26/2020 - Case Was Approved

12/16/2016 - Visa issued                                         09/19/2017 - New medical submitted (in person)                         05/30/2020 - Card Was Delivered To Me By The Post Office

12/19/2016 - Passport with visa, envelope in hand     09/26/2017 - New Card is Being Produced (online update)                                       (First class mail, tracking provided)                     

01/11/2017 - POE!!!                                               09/29/2017 - Received I-797 Approval Notice                                                  06/28/2020 - N-400 application window opens!

04/06/2017 - Married                                                                              Card Was Mailed to Me                                                 07/13/2020 - N-400 application submitted!

                                                                            10/04/2017 - Green card in hand!                                                                  11/23/2020 - Called for a service request

                                                                                                                                                       12/04/2020 - Biometrics scheduled online notice

                                                                                                                                                       12/31/2020 - Biometrics appointment

                                                                                                                                        06/24/2021 - Interview Notice (interview on 7/27/2021)

 

 

pushbrk Grand Master

pushbrk   12,961

Posted
Filed: Other Country: China
 Timeline
Posted

There are numerous options for her to obtain her full LPR status without your help.  She may have already availed herself of one of them.  My first thought would be for you to expect divorce papers, accusing you of abandonment and using the abandonment as justification to remove conditions.

 

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

candybabe Enthusiast

candybabe   46

Posted
Filed: Citizen (apr) Country: Romania
 Timeline
Posted
4 minutes ago, pushbrk said:

There are numerous options for her to obtain her full LPR status without your help.  She may have already availed herself of one of them.  My first thought would be for you to expect divorce papers, accusing you of abandonment and using the abandonment as justification to remove conditions.

 

Also, along with the divorce papers, alimony calculation may be included as well - the I864 Affidavit of Support does not expire unless the immigrant becomes a citizen or accumulates enough work credits. Abandonment or Divorce do not affect that commitment.

 

  • sending I130 05/16/2007
  • cheque is cashed on 06/11/2007
  • NOA1 in mail 06/13/2007 (who said 13 is badluck )
  • 07/30/2007 After no touches and no other signs we just got an email with the APPROVAL of I130....Thank God !....now what ?

  • 08/07/2007 Case received by NVC and case number assigned :))

  • 08/13/2007 DS3032 and AOS bill were generated

  • 08/14/2007 Emailed choice of agent ...i'm so curious when they will accept it...hopefully soon

  • 08/21/2007 DS3032 and AOS fee bill arive in mail

  • 08/27/2007 paid AOS fee bill
  • 8/28/2007 DS3032 choice of agent accepted
  • 9/3/2007 IV fee bill generated

f f Proficient

f f   725

Posted
Filed: Country:
Timeline
Posted

the I864 is between the usc and the government not the lpr. I did not think it had any bearing on divorce proceedings since he only agreed to reimburse the government for any benefits she received and not to provide her a certain level of living. is this the wrong assumption?

Ryan H Grand Master

Ryan H   3,812

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Moved from IR-1/CR-1 Process & Procedures to Effects of Major Family Changes on Immigration Benefits forum.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

candybabe Enthusiast

candybabe   46

Posted
Filed: Citizen (apr) Country: Romania
 Timeline
Posted
22 minutes ago, f f said:

the I864 is between the usc and the government not the lpr. I did not think it had any bearing on divorce proceedings since he only agreed to reimburse the government for any benefits she received and not to provide her a certain level of living. is this the wrong assumption?

you are correct, the I864 is between the USC and USG so it would be USG coming after him.

 

the alimony would be decided by the judge and would allow her to maintain the same standard of living and prevent her from becoming a public charge.

 

But if he abandoned her so soon after she came in, I would want to say that she may feel like she needs to file for govt. benefits - Unless she has a PhD and makes a comfortable living on her own in such short time.

 

I know from my own experience, with a great college degree and a solid career in Europe, it has taken me a good 4-5 years to establish myself here back in 2008 - my very first job was a part time job for $9 / hr. Although I had the experience and education, spoke English very well and was assertive, no one cared really - so I had to start from the bottom up....

 

  • sending I130 05/16/2007
  • cheque is cashed on 06/11/2007
  • NOA1 in mail 06/13/2007 (who said 13 is badluck )
  • 07/30/2007 After no touches and no other signs we just got an email with the APPROVAL of I130....Thank God !....now what ?

  • 08/07/2007 Case received by NVC and case number assigned :))

  • 08/13/2007 DS3032 and AOS bill were generated

  • 08/14/2007 Emailed choice of agent ...i'm so curious when they will accept it...hopefully soon

  • 08/21/2007 DS3032 and AOS fee bill arive in mail

  • 08/27/2007 paid AOS fee bill
  • 8/28/2007 DS3032 choice of agent accepted
  • 9/3/2007 IV fee bill generated

Villanelle Experienced

Villanelle   4,122

Posted
Filed: Timeline
Posted
1 hour ago, f f said:

the I864 is between the usc and the government not the lpr. I did not think it had any bearing on divorce proceedings since he only agreed to reimburse the government for any benefits she received and not to provide her a certain level of living. is this the wrong assumption?

 

1 hour ago, candybabe said:
1 hour ago, f f said:

the I864 is between the usc and the government not the lpr. I did not think it had any bearing on divorce proceedings since he only agreed to reimburse the government for any benefits she received and not to provide her a certain level of living. is this the wrong assumption?

you are correct, the I864 is between the USC and USG so it would be USG coming after him.

 

the alimony would be decided by the judge and would allow her to maintain the same standard of living and prevent her from becoming a public charge.

 

But if he abandoned her so soon after she came in, I would want to say that she may feel like she needs to file for govt. benefits - Unless she has a PhD and makes a comfortable living on her own in such short time.

 

I know from my own experience, with a great college degree and a solid career in Europe, it has taken me a good 4-5 years to establish myself here back in 2008 - my very first job was a part time job for $9 / hr. Although I had the experience and education, spoke English very well and was assertive, no one cared really - so I had to start from the bottom up....

 

 

Candybabe is somewhat wrong.... 

True: the 864 is between the sponsor and the government

True: alimony is decided by the judge 

But also true that wasnt mentioned: Divorce court can take the 864 contract and use it for alimony purposes. It has happened and will continue to happen. Depends on the court/the attnys/and how much money is involved.

 

Also, she may not be able to get any benefits from the gov- most states make you wait until youve been a resident for 5 years before giving you aide. Anyway, this is all totally off topic..

The OP doesnt have to notify USCIS of anything. Theres no requirement for him to do anything in the 751 process. He can however do whatever he wants. So if he wants to send a letter (so that she cant forge his name on a joint petition) then he would send it to his local service center.

 
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