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Sam0345

Withdraw of sponsership

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Hey. I came to USA four months back on spouse visa and I have already received my conditional green card. My husband is my sponsper but he is unemployed. After coming here I came to know that my husband has some mental disorder and his parents lied to me and my parents. They tricked me. Now my in-laws are threatening me that they are going to withdraw my sponsership. But my husband doesn't want to divorce me. Is it possible that my in-laws can withdraw my sponsership without my husband's concern? 

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No, they have absolutely no say in the matter. Even you husband has no say (he could divorce, but both the green card and the I-864 remains in effect).

 

If there was a divorce, you can file for ROC with a divorce waiver anyway.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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38 minutes ago, Sam0345 said:

Hey. I came to USA four months back on spouse visa and I have already received my conditional green card. My husband is my sponsper but he is unemployed. After coming here I came to know that my husband has some mental disorder and his parents lied to me and my parents. They tricked me. Now my in-laws are threatening me that they are going to withdraw my sponsership. But my husband doesn't want to divorce me. Is it possible that my in-laws can withdraw my sponsership without my husband's concern? 

Why was it up to your spouse's parents to confirm or deny his alleged mental disorder?  How did they trick you?  

 

 

Click Spoiler for signature timeline.

 

3/10/2013 - Married

Green Card Process Summary
3/25/2013 - Submitted I-130's
01/13/2014 - Embassy Interview - Approved!
05/28/2014 - POE (U.S. Customs and Immigration Overseas Preclearance Facility - Abu Dhabi)
08/20/2014 - Green Card received.

Naturalization Process

01/20/2015 - Submitted N-400 for immediate naturalization under INA 319b.

02/10/2015 - Check cashed.

02/14/2015 - NOA

04/07/2015 - Case shipped to local field office.

04/08/2015 - Interview scheduled for July 6, 2015.

04/08/2015 - Wifey better be studying her butt off for the citizenship test!

07/08/2015 - Wifey was studying her butt off and passed the test easily. Oath ceremony completed on same day! We are done with our journey!

 

 

 

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Filed: Citizen (apr) Country: Turkey
Timeline

I'm no legal expert but how would your in-laws withdraw your husband's sponsorship? Do they have power of attorney? If they got one while your husband's situation was present, you may want to seek some legal action against this. If they got one long time ago while he was still healthy, then you may want to talk to an immigration attorney about this. It is possible you could file ROC with a divorce waiver but you mentioned it's only been four months since you came. Not sure if you collected enough evidence at this point but again it would best to seek some professional advice.

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Filed: AOS (pnd) Country: Philippines
Timeline
3 hours ago, charmander said:

I'm no legal expert but how would your in-laws withdraw your husband's sponsorship? Do they have power of attorney? If they got one while your husband's situation was present, you may want to seek some legal action against this. If they got one long time ago while he was still healthy, then you may want to talk to an immigration attorney about this.

Like others have already said it's a mute point.  You can't withdraw affidavit of support once green card has been issued.  It doesn't matter whether it's the petitioner themselves or someone else.  So no use wasting time running in circles.

 

Quote

It is possible you could file ROC with a divorce waiver but you mentioned it's only been four months since you came. Not sure if you collected enough evidence at this point but again it would best to seek some professional advice.

An attorney wouldn't be a bad idea to help prepare for when ROC comes up.  But IMO taking a look at this situation from a practical perspective will be most helpful if the OP wants to ROC down the road.   

 

Sam0345, since you are already here and have a green card, remember YOU ARE the one in control here, not anyone else.  There are some important decisions you need to make.   Decisions such as do I really want to stay in the USA?  Do I want to stay married?  If you decide to stay here, it is imperative that you find employment ASAP so you can support yourself.  Working will give you the money and freedom to do what you choose and to be able to tell the meddling in-laws that you don't need them anyways .  Not to mention the huge bonus of being able to ROC without anyone holding your hand.  

 

It's important to keep in mind here that Sponsorship helps the government determine that someone won't be on welfare soon after immigrating.   It doesn't mean the government will force someone to pay your rent.  Bottom line is if a relationship goes sour, it's up to the person immigrating to take care of themselves.  (I'm not counting welfare checks as taking care of oneself.)  

AOS

01-10-2018 -  AOS packet sent (I-485/I-131/I-765)

01-12-2018 - NOA1 receipt date (I-485/I-131/I-765)

01-16-2018 - 3 Texts/Emails Received (AOS)

01-27-2018 - NOA1 & Biometrics Appt letters received

02-09-2018 - Bio-metrics Appointment

02-09-2018 - Bio-metrics Appointment

05-25-2018 - I-797 for I-131/I-765 EAD and AP Approved

06-02-2018 - EAD/AP Combo Card Received by Mail 

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15 hours ago, Sam0345 said:

Hey. I came to USA four months back on spouse visa and I have already received my conditional green card. My husband is my sponsper but he is unemployed. After coming here I came to know that my husband has some mental disorder and his parents lied to me and my parents. They tricked me. Now my in-laws are threatening me that they are going to withdraw my sponsership. But my husband doesn't want to divorce me. Is it possible that my in-laws can withdraw my sponsership without my husband's concern? 

No, they can't withdraw the sponsorship.

K1 visa

05/23/2014 - I-129F package sent

05/30/2014 - I-129F NOA1

08/05/2014 - I-129F approved (NOA2)

11/25/2014 - Interview (approved)

11/27/2014 - Visa in hand

12/06/2014 - POE

01/30/2015 - Wedding

 

AOS

03/03/2015 - I-485, I-765, I-131 package sent

03/10/2015 - I-485, I-765, I-131 NOA1

03/31/2015 - Biometrics appt

05/13/2015 - I-765, I-131 approved (NOA2)

05/20/2015 - Combo card in hand

06/11/2015 - NPIW

09/24/2015 - I-485 approved (NOA2)

10/01/2015 - 2-year green card in hand

 

ROC

07/24/2017 - I-751 package sent

07/26/2017 - I-751 NOA1

08/25/2018 - 18-month extension letter received (dated 08/18/2018)

10/25/2018 - I-751 approved (NOA2)

10/31/2018 - 10-year green card in hand

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~~moved to effects of major family changes with other like topics from ROC~~

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: K-1 Visa Country: Wales
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Too late they are on the hook.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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How exactly did they trick you? 

 

As stated before parents can't pull sponsorship. Also, since you have the green card already they can't really do anything to you. 

 

Not knowing what exactly the medical condition is, could you at least seek help for him? 

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Filed: Country:
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as others have said they can't pull the i864 you have your greencard and who ever sponsored it is on the hook and there is nothing they can do to take either of those from you.

as for the mental health issues you need to care for your husband and try to get him the help he needs before just leaving him since many issues can be managed with meds and therapy. though it will take time to stabilize.

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Filed: AOS (apr) Country: Cyprus
Timeline

Why did it take you so long to discover he has a mental disorder, did you not notice that
when you came here and before applying for the green card ? How do in laws "trick you" ? I don't understand that.
No, they can not affect your status now that you have the green card.
 

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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