Ex-Husband Married someone from his country

[hootie 0]

I filed for a marriage based green card for my ex-husband in 2016. He got the two year green card. He demanded a divorce after a trip to his country in the fall of 2017. We were divorced February of 2018. But he never moved out and we were basically still in a relationship. He went back to his country fall of 2018 and came back in March of 2019 married to someone from his country. I want to withdraw my Affidavit of Support. For all I know, he will try to being his new wife here piggybacking off our marriage. Can I withdraw my Affidavit of Support? Will his new marriage to a foreigner pose a problem for him?

[Georgia16 2,858]

It’s too late to withdraw anything he has a GC now. 

 

He cant apply for her right away as there is a time to wait since he got the GC through you. 

He will have to apply for ROC since he only has a 2 year GC you can’t do anything about that either. 

 

 

[Unlockable 7,314]

3 minutes ago, hootie said:

I filed for a marriage based green card for my ex-husband in 2016. He got the two year green card. He demanded a divorce after a trip to his country in the fall of 2017. We were divorced February of 2018. But he never moved out and we were basically still in a relationship. He went back to his country fall of 2018 and came back in March of 2019 married to someone from his country. I want to withdraw my Affidavit of Support. For all I know, he will try to being his new wife here piggybacking off our marriage. Can I withdraw my Affidavit of Support? Will his new marriage to a foreigner pose a problem for him?

You can't withdraw your affidavit. It is done.

 

You are responsible for it until he either becomes a citizen or about 10 years of his work history.

 

You have to be aware of these things before you sign documents like that. There is even a section of the affidavit that states that divorce does not cancel the affidavit. Best to move on with your life and hope he does not use public benefits.

[USS_Voyager 1,972]

9 minutes ago, hootie said:

he never moved out and we were basically still in a relationship

Friends with benefits? That never turned out well... 

 

There is nothing to withdraw now. You can only withdraw before his GC was issued. 

You are now responsible to support him, even in the event of a divorce. 

 

"You are responsible for it until he either becomes a citizen or about 10 years of his work history", to add a few more: until either you die, or he dies, or he abandon his green card and leave the US for good. 

[Boiler 45,559]

Might take a bit longer than usual but should be able to bring his new wife to the US.

[Ontarkie 14,234]

~~Moved to Effects of Major Family Changes, from ROC - As similar threads are discussed here.~~

[geowrian 22,337]

Agreed with all the others...

 

1) You can't withdraw an I-864 once executed (when they become a green card holder). The conditions of when the obligations termianted are on the I-864 that you signed.

2) Divorce and/or re-marriage does not terminate an I-864.

3) He (generally) cannot sponsor a new spouse for a green card for at least 5 years after becoming a green card holder. Then it's another wait to petition. So it will at least be a while before that happens. But that's all on him to address.

[NigeriaorBust 4,087]

  Has he files for ROC?   That should be interesting with a divorce waiver and a new wife 

[Boiler 45,559]

1 hour ago, NigeriaorBust said:

  Has he files for ROC?   That should be interesting with a divorce waiver and a new wife 

Many filing for ROC with a Divorce Waiver have moved on, not sure how many have re married but may rise eyebrows but probably not much else.

[xillini 71]

7 hours ago, hootie said:

 For all I know, he will try to being his new wife here piggybacking off our marriage. Can I withdraw my Affidavit of Support? Will his new marriage to a foreigner pose a problem for him?

You want to accumulate written documents to evidence that the marriage was entered not in good faith such as "records of him living together even after divorce finalized", "his contact to the new wife during your marriage", and "your written affidavit to describe the nature of the relationship".

 

While there aren't many things you can do, you can definitely submit this to USCIS and point out that the nature of marriage was not bona-fide. Ultimately it is upto USCIS to make decisions and when they review your ex-husband's I 751, then it will raise a red flag and give him really long overture timeline as opposed to anyone else. 

 

[Boiler 45,559]

Her written affidavit?, I am sure they receive no end of reports from disappointed spouses.

[randomstairs 303]

13 hours ago, geowrian said:

Agreed with all the others...

 

1) You can't withdraw an I-864 once executed (when they become a green card holder). The conditions of when the obligations termianted are on the I-864 that you signed.

2) Divorce and/or re-marriage does not terminate an I-864.

3) He (generally) cannot sponsor a new spouse for a green card for at least 5 years after becoming a green card holder. Then it's another wait to petition. So it will at least be a while before that happens. But that's all on him to address.

Point 3). Really? Any references to "He (generally) cannot sponsor a new spouse for a green card for at least 5 years after becoming a green card holder"? I couldn't find this condition on the USCIS website: https://www.uscis.gov/family/family-green-card-holders-permanent-residents  

[Going through 5,671]

4 hours ago, randomstairs said:

Point 3). Really? Any references to "He (generally) cannot sponsor a new spouse for a green card for at least 5 years after becoming a green card holder"? I couldn't find this condition on the USCIS website: https://www.uscis.gov/family/family-green-card-holders-permanent-residents  

 

You're looking at the wrong part of the website.

 

It's on this section of the website, in the Policy Manual:   https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-3481/0-0-0-4484.html

 

 

(M)     Marriage within Five Years of Obtaining LPR Status     .    

   Section 204(a)(2)(A)     of the Act generally prohibits the approval of a visa petition filed by a lawful permanent resident for a spouse within 5 years of the date on which the petitioner became a LPR if that LPR obtained his or her residence status through a prior marriage. The LPR can overcome this prohibition if he or she establishes by clear and convincing evidence that the prior marriage was not entered into with the purpose of evading the immigration laws, or that the prior marriage ended through death.     8 CFR 204.2(a)(1)(i)     specifies the type of evidence which the petitioner must submit to meet the clear and convincing standard. If the petitioner falls within this restriction and has not submitted the requisite evidence, send him or her a letter explaining the deficiency and requesting additional evidence. If satisfactory evidence is not submitted within 60 days (or 120 days if the petitioner has requested and been granted additional time), deny the petition.      

Edited August 20, 2019 by Going through

[geowrian 22,337]

6 hours ago, randomstairs said:

Point 3). Really? Any references to "He (generally) cannot sponsor a new spouse for a green card for at least 5 years after becoming a green card holder"? I couldn't find this condition on the USCIS website: https://www.uscis.gov/family/family-green-card-holders-permanent-residents  

Yes: See INA 204(a)(2)(A): https://www.law.cornell.edu/uscode/text/8/1154

Quote

The Attorney General may not approve a spousal second preference petition for the classification of the spouse of an alien if the alien, by virtue of a prior marriage, has been accorded the status of an alien lawfully admitted for permanent residence as the spouse of a citizen of the United States or as the spouse of an alien lawfully admitted for permanent residence, unless—

(i) a period of 5 years has elapsed after the date the alien acquired the status of an alienlawfully admitted for permanent residence, or

(ii) the alien establishes to the satisfaction of the Attorney General by clear and convincing evidence that the prior marriage (on the basis of which the alien obtained the status of an alien lawfully admitted for permanent residence) was not entered into for the purpose of evading any provision of the immigration laws.

In this subparagraph, the term “spousal second preference petition” refers to a petition, seeking preference status under section 1153(a)(2) of this title, for an alien as a spouse of an alien lawfully admitted for permanent residence.

(B) Subparagraph (A) shall not apply to a petition filed for the classification of the spouse of an alien if the prior marriage of the alien was terminated by the death of his or her spouse.

Note that "clear and convincing" above is a very high bar (much higher than ROC).

[Russ&Caro 1,549]

6 minutes ago, geowrian said:

Yes: See INA 204(a)(2)(A): https://www.law.cornell.edu/uscode/text/8/1154

Note that "clear and convincing" above is a very high bar (much higher than ROC).

That's an interesting standard. If a person doesn't successfully establish clear and convincing evidence that he/she didn't enter into a previous marriage for the purpose of evading a provision of the immigration laws, would that make he/she deportable since the reverse would be assumed to be true, i.e. immigration fraud? And once you fail at this, would it even be possible to gain another immigration benefit such as citizenship?