CR-1 Green card and SSN cancellation

[Tanish 197]

3 minutes ago, payxibka said:

Divorce in absentia is possible 

Oh, good to know. Does that make it a longer process, if the other party is absent?

[payxibka 10,045]

Just now, Tanish said:

Oh, good to know. Does that make it a longer process, if the other party is absent?

Longer,  I suppose.   More hoops to jump through for sure 

[Tanish 197]

1 minute ago, payxibka said:

Longer,  I suppose.   More hoops to jump through for sure 

This is a very unfortunate circumstances for OP.

[Amadia 711]

26 minutes ago, Tanish said:

That is correct. Please consider the following scenario:

If the beneficiary returns and ends up on public benefits, OP will be on hook to support him, correct? There is no way out of it even if they are divorced?

Maybe take a look at the rules for submitting a signed I864 so that you see there is no 1% chance of anything: 

Responsibilities as a Sponsor

When you sign the affidavit of support, you accept legal responsibility for financially supporting the sponsored immigrant(s), generally until they become U.S. citizens or are credited with 40 quarters of work. Your obligation as a sponsor also ends if you or the individual sponsored dies or if the individual sponsored ceases to be a lawful permanent resident and departs the United States.

Note: Divorce does NOT end the sponsorship obligation.

If an immigrant you sponsored receives any means-tested public benefits, you are responsible for repaying the cost of those benefits to the agency that provided them. If you do not repay the debt, the agency or the immigrant can sue you in court to get the money owed. Any joint sponsors and household members who  allowed the sponsor to combine their income with the sponsor’s income to meet the minimum income requirements are also legally responsible for financially supporting the sponsored immigrant. In fact, any joint sponsor and household member is jointly or severally liable with the petitioning sponsor, meaning that the joint sponsor and household member are independently liable for the full extent of the reimbursement obligation and can be sued in court or be asked to pay the money owed, even if the petitioning sponsor is not sued or asked for money.

 

26 minutes ago, dciami said:

Thanks everyone!  The marriage fell apart and he decided to leave. I just feel like there is a responsibility on my part as his sponsor to let the USCIS and SS office know that he's not present in the United States anymore and I'd like to withdraw my support in case he comes back without me knowing and does something unpredictable

I'd like to know this too

OP, unfortunately, this was a calculated choice made by you to marry and file for this person to emigrate to US. You cannot withdraw anything that is technically already set in stone. The above I quoted from USCIS lists the responsibilities of the sponsor a.k.a. YOU.

 

[TE and AE 39]

Ok, I'm going to put my two cents in...You all keep talking about permanent resident green card, but the 2 year green card is a conditional resident green card, not permanent.  I agree that the she should notify the USCIS, let them determine what the next best step is.  She may or may not be on the hook but it's not for us to decide or really advise on.  We aren't making the decision and really with the USCIS it could go anyway up, down, sideways.  😉😀

 

OP, I am sorry about your marriage.  None of us want to go through that.  Unfortunately when we marry someone there is always that risk...I wish they would allow our loved ones to visit us to see if they really want to come to the US.  It can be overwhelming to live in another country.

Edited June 25, 2019 by CSTSLP

[Cathi 5,757]

3 minutes ago, CSTSLP said:

Ok, I'm going to put my two cents in...You all keep talking about permanent resident green card, but the 2 year green card is a conditional resident green card, not permanent.  I agree that the she should notify the USCIS, let them determine what the next best step is.  She may or may not be on the hook but it's not for us to decide or really advise on.  We aren't making the decision and really with the USCIS it could go anyway up, down, sideways.  😉😀

 

OP, I am sorry about your marriage.  None of us want to go through that.  Unfortunately when we marry someone there is always that risk...I wish they would allow our loved ones to visit us to see if they really want to come to the US.  It can be overwhelming to live in another country.

There is only one way for this to go. The husband has his green card and only he can cancel it. He is free to return the US at any time and the spouse is on the hook for the I-864. Period.

[TE and AE 39]

8 minutes ago, Cathi said:

There is only one way for this to go. The husband has his green card and only he can cancel it. He is free to return the US at any time and the spouse is on the hook for the I-864. Period.

Again, we are NOT the ones making this decision.  She needs to call USCIS and let them make that decision.  You can say all day long that he has to cancel it but unless you work for the USCIS, which I highly doubt...then you can only speculate.  He still has to meet the criteria for a bonified marriage at the end of the two year.  Obviously, he won't be able to do that because he won't be in the States.  I also know there are exceptions to every rule.  So, OP, the best advice is to call the USCIS and let them tell you what to do.

Edited June 25, 2019 by CSTSLP

[arken 4,197]

12 minutes ago, CSTSLP said:

Ok, I'm going to put my two cents in...You all keep talking about permanent resident green card, but the 2 year green card is a conditional resident green card, not permanent.  I agree that the she should notify the USCIS, let them determine what the next best step is.  She may or may not be on the hook but it's not for us to decide or really advise on.  We aren't making the decision and really with the USCIS it could go anyway up, down, sideways.  😉😀

Too bad, AOS agreement doesn’t discriminate between 2 yr GC or 10 yr GC holders.

 

We aren’t making decision, we are simply suggesting what OP can and can’t do.

 

The only time USCIS will take any action on OP’s husband is during the ROC process or if he surrender’s GC before that. He doesn’t return and doesn’t file for ROC or files but gets denied, problem solved, he will no longer be a Permanent resident and OP is not on the hook from that point. If he files for ROC and gets 10 yr GC, OP is on the hook.

 

USCIS will not cancel one’s residency (permanent or conditional) based on the spouses’s statement or request.

Edited June 25, 2019 by arken

[TE and AE 39]

2 minutes ago, arken said:

Too bad, AOS agreement doesn’t discriminate between 2 yr GC or 10 yr GC holders.

 

We aren’t making decision, we are simply suggesting what OP can and can’t do.

 

The only time USCIS will take any action on OP’s husband is during the ROC process or if he surrender’s GC before that. He doesn’t return and doesn’t file for ROC or files but gets denied, problem solved, he will no longer be a Permanent resident and OP is not on the hook. If he files for ROC and gets 10 yr GC, OP is on the hook.

 

USCIS will not cancel one’s residency (permanent or conditional) based on the spouses’s statement or request.

Maybe, maybe not.  The one thing that I have learned during this process is to never rely solely on what Immigration offices (USCIS, NVC or Consulate) does for one person because as soon as you say they won't do it, they do it.

[Unlockable 7,314]

1 hour ago, Tanish said:

That is correct. Please consider the following scenario:

If the beneficiary returns and ends up on public benefits, OP will be on hook to support him, correct? There is no way out of it even if they are divorced?

 

1 hour ago, dciami said:

I'd like to know this too

Nope. Says so on page 7 of the affidavit.

https://www.uscis.gov/i-864

 

 

You really should take note of what you sign. We see this all the time. People are willing to sign these forms in blood to bring their loved one here but when things go sour they are shocked to find out how much they could be responsible for.

 

To be honest, the best option is to move on. Even with a 2 year GC he can still be a permanent resident. As as someone already mentioned, he may change his mind about living in the US next week or so.

[Just Paul 4,595]

Not that he is going to but, he husband can come back anytime during the first year with the I-551 stamp on his passport.  He can also request a new green card.

 

OP can file divorce.

[TE and AE 39]

OP, I stated to call the USCIS but it may be the NVC you really need to call...good luck to you and best wishes.

[Unlockable 7,314]

16 minutes ago, CSTSLP said:

Again, we are NOT the ones making this decision.  She needs to call USCIS and let them make that decision.  You can say all day long that he has to cancel it but unless you work for the USCIS, which I highly doubt...then you can only speculate.  He still has to meet the criteria for a bonified marriage at the end of the two year.  Obviously, he won't be able to do that because he won't be in the States.  I also know there are exceptions to every rule.  So, OP, the best advice is to call the USCIS and let them tell you what to do.

We know you are trying to help but what you are saying is not entirely true. 

 

First, she would have to PROVE that he abandoned his residency status and is NOT SIMPLY VISITING HIS FAMILY. Just because he is not here today does not mean he can't return tomorrow and continue his residency. A resident can stay out of the US for 6 months or more so for her to simply call and say he abandoned his residency would not merit anything unless there is substantial proof of fraud.

 

The green card is his and she has no control over it. He can continue being a resident of the US without her. We see it all the time.

Edited June 25, 2019 by Unlockable

[arken 4,197]

5 minutes ago, CSTSLP said:

Maybe, maybe not.  The one thing that I have learned during this process is to never rely solely on what Immigration offices (USCIS, NVC or Consulate) does for one person because as soon as you say they won't do it, they do it.

Yeah but USCIS won’t do something out of written rules.

 

4 minutes ago, CSTSLP said:

OP, I stated to call the USCIS but it may be the NVC you really need to call...good luck to you and best wishes.

Calling NVC does not help in anyway. NVC is just a processing center of visa petitions forwarded by USCIS.

[TE and AE 39]

1 minute ago, Unlockable said:

We know you are trying to help but what you are saying is not entirely true. 

 

First, she would have to PROVE that he abandoned his residency status and is NOT SIMPLY VISITING HIS FAMILY. Just because he is not here today does not mean he can't return tomorrow and continue his residency. A resident can stay out of the US for 6 months or more so for her to simply call and say he abandoned his residency would not merit anything unless there is substantial proof of fraud.

 

The green card is he and she has no control over it. He can continue being a resident of the US without her. We see it all the time.

There is nothing in what I said that is untrue.  I'm sorry.  I am not claiming to be an expert in this situation at all.  In fact, I have said, multiple times to call either the USCIS or NVC and ask them.  How is that Untrue exactly?  I'm not stating that what you all are saying is true or false but I am saying it is NOT OUR PLACE TO SAY IT as you could be giving wrong advice.

 

And do a google search on 2 year green cards, it states provisional, not permanent, everywhere.  It also states you have to show a bonified marriage at the end of the 2 years.  FYI, this was also told to me by our attorney.  Now could they still approve him, absolutely.  There is nothing set in stone when it comes to dealing with the government.