US Citizen spouse withdrawn the petition while LPR wife is out of the country

[mindthegap 2,590]

1 minute ago, Lemon23 said:

This is actually her question, her re-entry here since the support was withdrawn already and she's still under conditional status since her i-751 is still pending and the support from US citizen husband was withdrawn. Isn't the status is automatic terminated once the support was withdrawn?

 

If the alien withdraws the petition, yes.

If the USC withdraws their support, no, and a waiver can be added to the existing petition making it a solo petition.

 

As long as she filed the I-751 before expiry and got the I-797 extension letter, until notification of termination by USCIS she remains a LPR with all the rights and responsibilities that entails.

 

Even if her status WAS terminated (for example as above, if her husband forged her signature and has intercepted the mail), then presenting at a POE with a claim of permanent residency, (supported of course by her expired card and extension letter) then she has the right to a hearing with an immigration judge. 

 

 

[Going through 5,671]

11 minutes ago, Lemon23 said:

 Isn't the status is automatic terminated once the support was withdrawn?

That's what I always assumed when it came to conditional residents.  Part of the conditions is the affidavit of support by the petitioner.  Which has now been pulled.  Filing the divorce waiver is allowed, yes, in cases such as this when the applicant is already IN the United States.

 

Since the applicant is OUT of the United States, she has to get back in first---and according to the travel document permitting re-entry,for a conditional resident I believe that becomes null and void once the affidavit is pulled, not neccessarily needing the entire application pulled.

 

A phone call to USCIS should clear things up more, of course.

Edited August 14, 2017 by Going through

[Lemon23 400]

Just now, Going through said:

That's what I always assumed when it came to conditional residents.  Part of the conditions is the affidavit of support by the petitioner.  Which has now been pulled.  Filing the divorce waiver is allowed, yes, in cases such as this when the applicant is already IN the United States.

 

Since the applicant is OUT of the United States, she has to get back in first---and according to the travel document permitting re-entry,for a conditional resident I believe that becomes null and void once the affidavit is pulled, not neccessarily needing the entire application pulled.

This is what she thought too, that is why she is very concern that she might be deported back and not allow to enter here.

[mindthegap 2,590]

2 minutes ago, Going through said:

That's what I always assumed when it came to conditional residents.  Part of the conditions is the affidavit of support by the petitioner.  Which has now been pulled.  Filing the divorce waiver is allowed, yes, in cases such as this when the applicant is already IN the United States.

 

Since the applicant is OUT of the United States, she has to get back in first---and according to the travel document permitting re-entry,for a conditional resident I believe that becomes null and void once the affidavit is pulled, not neccessarily needing the entire application pulled.

 

 

The affidavit of support (I-864) is not removed or terminated even by getting divorced, and is not affected by removing their support on the joint I-751, so no, you are wrong on this point.

 

They are separate things.

 

 

Edited August 14, 2017 by mindthegap

[Going through 5,671]

Just now, mindthegap said:

 

 

The affidavitt of support (I-864) is not removed or terminated even by getting divorced, and is not affected by removing their support on the joint I-751 so no, you are wrong on this point.

 

Not the affidavit of support I'm talking about---the travel extension letter that allows her re-entry might be null and void due to the pulled affidavit.

[mindthegap 2,590]

4 minutes ago, Going through said:

Not the affidavit of support I'm talking about---the travel extension letter that allows her re-entry might be null and void due to the pulled affidavit.

What affidavit?

It is a joint I-751 petition that has been filed.

 

A USC is of course free to remove themselves from that joint petition at any time prior to adjudication.... but by doing so this does not terminate the WHOLE petition, or terminate the aliens status, as they have a right to add a waiver and continue as a solo I-751 petition.

The extension is valid until termination of status by USCIS, which -  as status would not be terminated by the USC spouse removing themselves from the joint aspect of the petition - remains valid. 

 

 

 

 

 

Edited August 14, 2017 by mindthegap

[Russ&Caro 1,549]

54 minutes ago, Going through said:

From what I understand of the OP...this person is NOT a permanent resident...she is a conditional resident.  Her rights may not be the same since she's on a 2-year(now expired) green card when it comes to re-entrance after the petition was pulled.

 

Yes she can file the divorce waiver once in the country....but the issue is getting back into the country.  

There is no such thing as a "conditional resident". You're not being accurate on terminology.

 

For immigrants who gain a green card through marriage, the only term that applies is lawful permanent resident (LPR). There are 2 varieties of LPR: 1) LPR's who need to remove conditions from their LPR status; and 2) LPR's who don't have any conditions on their LPR status. The former usually have a green card with a term of 2 years, the latter usually have a green card with a term of 10 years.

[Villanelle 4,122]

28 minutes ago, mindthegap said:

What affidavit?

It is a joint I-751 petition that has been filed.

 

A USC is of course free to remove themselves from that joint petition at any time prior to adjudication.... but by doing so this does not terminate the WHOLE petition, or terminate the aliens status, as they have a right to add a waiver and continue as a solo I-751 petition.

The extension is valid until termination of status by USCIS, which -  as status would not be terminated by the USC spouse removing themselves from the joint aspect of the petition - remains valid. 

 

 

 

 

 

100% correct in everything that has been posted by mindthegap.

 

When USCIS gets a notice that the couple is separated or pending divorce they send an RFE asking if you want to switch to a waiver petition. Thats probably what the notice is thats on its way or already sent from USCIS. If she is unable to get this piece of mail she needs to contact USCIS to get a copy sent to her updated address. They dont simply terminate your status when one party removes themselves from the joint ROC 

[Suss&Camm 2,213]

1 hour ago, Going through said:

From what I understand of the OP...this person is NOT a permanent resident...she is a conditional resident.  Her rights may not be the same since she's on a 2-year(now expired) green card when it comes to re-entrance after the petition was pulled.

 

Yes she can file the divorce waiver once in the country....but the issue is getting back into the country.  

1. There is no such thing as a conditional resident status. Once you get your green card you are a legal permanent resident. The person's status doesn't expire - the card only does.

2. There is no affidavit of support filed with a i-751, therefore none can be pulled. i-751's are filed jointly or separately with waiver, as stated by others in the thread. He can only pull out on the joint part. 

 

Her status is not terminated and she is fine to reenter, given the information that has been provided.

Edited August 14, 2017 by Suss&Camm

[Going through 5,671]

4 minutes ago, Suss&Camm said:

Her status is not terminated and she is fine to reenter, given the information that has been provided.

Let's hope she didn't receive a termination letter on the travel extension...

[Suss&Camm 2,213]

5 minutes ago, Going through said:

Let's hope she didn't receive a termination letter on the travel extension...

If she JUST received the email about the petition, the likelihood of a termination decision of her status being made in that amount of time is extremely low. You would receive the letter (rfe) mentioned above asking if they want to go ahead with a waiver and be given the normal ample response time to reply to that request first.

[Going through 5,671]

11 minutes ago, Suss&Camm said:

If she JUST received the email about the petition, the likelihood of a termination decision of her status being made in that amount of time is extremely low. You would receive the letter (rfe) mentioned above asking if they want to go ahead with a waiver and be given the normal ample response time to reply to that request first.

I know....I'm just thinking if her husband waited until she was out of the country to do this, then it's possible he's also the type to intercept her mail and send back the reply (maybe with a forged signature) as soon as he sees it arrive.  I believe the OP said the wife will be out of the country until sometime next month?

 

Hopefully she will file the AR11  asap.

Edited August 14, 2017 by Going through

[Suss&Camm 2,213]

1 minute ago, Going through said:

I know....I'm just thinking if her husband waited until she was out of the country to do this, then it's possible he's also the type to intercept her mail and send back the reply (maybe with a forged signature) as soon as he sees it arrive.  I believe the OP said the wife will be out of the country until sometime next month?

My point is, they apparently have email notification. This email would have gone out about the same time the letter is sent. If previous correspondence was sent, she would have received an email.... since this is the email regarding the petition, any previous missed correspondence wouldn't have a potential status termination, and any potentially missed correspondence after this email would have been to soon for anything of that sorts to happen.

[Longingfor 195]

Husband is an #######. No matter what the issues are that they have. He could have discussed this before she left ir after her return. His hope is to get her banned from the country. After asking someone to relocate and acclimate oneself and then to do this is just shitty. It hurts me to think that a human can be so cold. I hope she forwards her mail and be able to enter the home in order to access her belongings and also get her documentation need to ROC on her own. I wish her all the best. We have a saying in my country i will use proper english for it. It goes - see me and come and live with me are two different things. This case is so true of that.

Evil has shown its face and its her husband for pulling such a stunt.

[Rp1 4]

I'm sorry to hear this but it's so messed up just spitefulnes. Seeing this is an emergency your friend should try to get back here now and not next month. They had a conditional green card and this was done while they're out the country. The thing is they didn't  file any waiver before leaving because no one knew this was going to happened. When some one on LPR comes back through the airport officers check for their GC in the system to make sure it's valid/fraud etc. She may well be turn back. I read a few comments everyone saying her LPR wasn't terminate at this point it is because that's how she got it through her USC spouse. She's wasn't in the country to file waiver under a new petition like i360 etc before she left to keep her GC valid. Best thing for her is too get back here like today see if they will let her back in then get good lawyer. Calling USCIS will not get you far they will tell you that a petitioner has the right to withdrew their petition. Or you go and talk to a lawyer on her behalf may  they can file a motion or from uscis to have her back here with no issue she may need to sign papers but that can get to her by express mail and she mail back the same way. I hope it all work out for her.  Things are not like they was before as everyone sees Trump is getting rid of us slightest thing under Trump now I don't know. How long has she been out?

Edited August 15, 2017 by Rp1