CR-1 Green card and SSN cancellation

[dciami 0]

Hi all, 

 

I need some advice on how to deal with my situation. My husband got his CR-1 visa and entered the US last month. However,  he decided to go back to his home country and not coming back here anymore. His green card and his SS card haven't even arrived yet. What should I do as his sponsor if I want to cancel his green card?  Should I write to USCIS to inform them that he left the country? I'm really at lost. Thanks in advance. 

[little immigrant 801]

You can't cancel anything at this point. He would have to formally give up residency or abandon his status. He is a permanent resident now and if he wishes he can come back as he didn't abandon his status yet. 

[dciami 0]

Does it mean I'll just have to wait until his 2-year conditional green card expires by itself? 

[little immigrant 801]

You don't have to do anything. How do you know he will not change his mind in the next couple of weeks? He'll have the ability to come back. 

Edited June 25, 2019 by little immigrant

[payxibka 10,045]

29 minutes ago, dciami said:

Does it mean I'll just have to wait until his 2-year conditional green card expires by itself? 

It's not your responsibility,  it is his.

[Tanish 197]

9 hours ago, dciami said:

Hi all, 

 

I need some advice on how to deal with my situation. My husband got his CR-1 visa and entered the US last month. However,  he decided to go back to his home country and not coming back here anymore. His green card and his SS card haven't even arrived yet. What should I do as his sponsor if I want to cancel his green card?  Should I write to USCIS to inform them that he left the country? I'm really at lost. Thanks in advance. 

 

9 hours ago, dciami said:

Does it mean I'll just have to wait until his 2-year conditional green card expires by itself? 

I think you have a little misunderstanding. You are not on the hook. Even if you decide to end the marriage (the worst case scenario as we don't know your intentions and the full story), he won't be able to lift the conditional status after 2 years even if he decides to come back.

 

If I may ask, why do you want to cancel his Green Card so bad?

 

 

8 hours ago, payxibka said:

It's not your responsibility,  it is his.

I agree with payxibka. 

[Crazy Cat 41,904]

24 minutes ago, Tanish said:

 

I think you have a little misunderstanding. You are not on the hook. Even if you decide to end the marriage (the worst case scenario as we don't know your intentions and the full story), he won't be able to lift the conditional status after 2 years even if he decides to come back.

 

If I may ask, why do you want to cancel his Green Card so bad?

 

 

I agree with payxibka. 

People remove conditions without the spouse (waiver) all the time.........and the sponsor (via the I-864) is on the hook until the GC holder:

1. becomes a U.S. citizen;
2. can be credited with 40 quarters of work;
3. is no longer a permanent resident and has departed the U.S.;
4. after being ordered removed seeks permanent residency based on a different I-864; or
5. dies.

This is not a K-1 situation.  You can not withdraw your support after the spouse has his Green Card.  The ball is now in his court.....but you are legally held by the I-864 .

Edited June 25, 2019 by missileman

[Tanish 197]

1 minute ago, missileman said:

Not necessarily true........People remove conditions without the spouse all the time.........and the sponsor is on the hook...........

Correct, but in this case, the beneficiary left even before the GC and Social Security Card arrived. Even if the beneficiary wants to return, and petition for ROC, he will have to get the documents from the petitioner. Also if he wants to file without the OP, he will have to meet the following, which I believe would be very difficult.

 

How to Get a Waiver of the Requirement to File a Joint Petition

If you are unable to apply with your spouse to remove the conditions on your residence, you may request a waiver of the joint filing requirement. You may request consideration of more than one waiver provision at a time.

You may request a waiver of the joint petitioning requirements if:

• Your deportation or removal would result in extreme hardship
• You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition
• You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you or your child were battered by, or subjected to extreme cruelty committed by your U.S. citizen or permanent resident spouse, and you were not at fault in failing to file a joint petition

 

[Crazy Cat 41,904]

9 minutes ago, Tanish said:

Correct, but in this case, the beneficiary left even before the GC and Social Security Card arrived. Even if the beneficiary wants to return, and petition for ROC, he will have to get the documents from the petitioner. Also if he wants to file without the OP, he will have to meet the following, which I believe would be very difficult.

 

How to Get a Waiver of the Requirement to File a Joint Petition

If you are unable to apply with your spouse to remove the conditions on your residence, you may request a waiver of the joint filing requirement. You may request consideration of more than one waiver provision at a time.

You may request a waiver of the joint petitioning requirements if:

• Your deportation or removal would result in extreme hardship
• You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition
• You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you or your child were battered by, or subjected to extreme cruelty committed by your U.S. citizen or permanent resident spouse, and you were not at fault in failing to file a joint petition

 

He has a passport with an endorsed CR-1.  He can certainly enter the US via his stamped passport.....He has status......It is HIS status..It's HIS Green Card......She can not legally prevent him from getting it.

This web site is full of successful I-751 waiver cases.......and we don't know the circumstances.......if he entered the marriage in good faith, he will , very likely, be successful..........it's in his hands.

 

Which brings me back to the fact that the US spouse is "on the hook"....as of now.

Edited June 25, 2019 by missileman

[Tanish 197]

5 minutes ago, missileman said:

He has a passport with an endorsed CR-1.  He can certainly enter the US via his stamped passport.....He has status......It is HIS status..It's HIS Green Card......She can not legally prevent him from getting it.

This web site is full of successful I-751 waiver cases.......and we don't know the circumstances.......if he entered the marriage in good faith, he will , very likely, be successful..........it's in his court.

  

Which brings me back to the fact that the US spouse is "on the hook"....as of now.

I understand how my words can be misunderstood. All I was suggesting was that if he decides to return, he will have to get the documents from OP, which suggests that OP will at least know that he has returned. Also, When there are successful I-751 waivers, there are legitimate reasons, but in this case, going by the story so far, it seems unlikely that it will be established as OP's fault.

 

May be some of the veterans here can answer if there is a way to back out of AOS after the GC is issued.

[Crazy Cat 41,904]

10 minutes ago, Tanish said:

May be some of the veterans here can answer if there is a way to back out of AOS after the GC is issued.

I listed the ways the legal agreement ends......already......

Edited June 25, 2019 by missileman

[Tanish 197]

1 minute ago, missileman said:

I listed the ways the legal agreement ends......already......

But, the beneficiary in this case is still a permanent resident, isn't he? According to your list, OP will still be on the hook for 2 years (assuming the beneficiary doesn't return to US in those 2 years)

Please correct me if I am wrong. 

[Crazy Cat 41,904]

Just now, Tanish said:

But, the beneficiary in this case is still a permanent resident, isn't he? According to your list, OP will still be on the hook for 2 years (assuming the beneficiary doesn't return to US in those 2 years)

Please correct me if I am wrong. 

He is a legal resident until he voluntarily surrenders his status...or an immigration judge orders revocation of status.   The sponsor is legally bound until one of the things on the list occurs. 

[arken 4,197]

10 hours ago, dciami said:

Hi all, 

 

I need some advice on how to deal with my situation. My husband got his CR-1 visa and entered the US last month. However,  he decided to go back to his home country and not coming back here anymore. His green card and his SS card haven't even arrived yet. What should I do as his sponsor if I want to cancel his green card?  Should I write to USCIS to inform them that he left the country? I'm really at lost. Thanks in advance. 

If he is really not coming back, you can simply write “Return to Sender, Recipient doesn’t live here” on the his mails envelope you get and hand over those to USPS. They will be returned back to wherever they came from. Don’t worry about cancellation which you can’t so anyway.

[Tanish 197]

1 minute ago, missileman said:

He is a legal resident until he voluntarily surrenders his status...or an immigration judge orders revocation of status.   The sponsor is legally bound until one of the things on the list occurs. 

Hmm, so in short there is no way to back out of AOS, right? that sucks