Cancel Sponsorship during i-751

[Destinee72014 0]

I petitioned fir both my step children and they received a conditional greencard. We have put in paperwork to remove conditions. However one went back to their country. And the other one has gotten into  numerous problems at school, stealing etc. Is there anyway to cancel the i751 process as ot has not been approved yet?

 

Thanks in advance for any advice

[Villanelle 4,122]

What exactly do you think will happen if you cancel a minor childs 751? You would basically be stripping their legal status in the US. Are they going to stay in the US? If so it is your responsibility to ensure they have status by filing the appropriate forms. For the child that left the US their GC can be surrendered. If they are over 14 they have to sign the form, if they are under 14 the parent can sign. Does the child who left want to surrender their GC? Are you trying to force the child that is still here to have to leave the US? How old are they?

[Destinee72014 0]

19 minutes ago, Villanelle said:

What exactly do you think will happen if you cancel a minor childs 751? You would basically be stripping their legal status in the US. Are they going to stay in the US? If so it is your responsibility to ensure they have status by filing the appropriate forms. For the child that left the US their GC can be surrendered. If they are over 14 they have to sign the form, if they are under 14 the parent can sign. Does the child who left want to surrender their GC? Are you trying to force the child that is still here to have to leave the US? How old are they?

The one who is 18 is back in her country. And the one who is 16 went to go live with her mother in same state. Her mom is on public assistance even though i have begged to stay far away from those things. She left the child at age 2 and never tried to sponsor her. But when i do it she wants to take the child to live with her. And we ask her before to sponsor her. She is using my stepdaughter to get certain benefits which is going to put me on the hook. 

[SalishSea 18,225]

7 minutes ago, Destinee72014 said:

She is using my stepdaughter to get certain benefits which is going to put me on the hook. 

How?

[HRQX 4,145]

17 minutes ago, Destinee72014 said:

The one who is 18 is back in her country. And the one who is 16 went to go live with her mother in same state.

Since they are over 14 years of age only they can submit a withdrawal letter or I-407. For I-751 process they are the applicants. Even if the I-751 is ultimately denied, it doesn't automatically end their conditional resident status. Only an Immigration Judge can revoke their green cards. Your I-864 will still be in force until then: https://citizenpath.com/faq/obligations-form-i-864/

Edited October 20, 2019 by HRQX

[Villanelle 4,122]

I am going to assume the children came after your husband did? Thats why they are filing their own 751s and were not able to be included on his- correct?

 

Also, as much as you feel these are 'your forms' because you probably filled them out and did all the assembling and mailing--- technically the 751 petitions belong to the immigrant. You can not cancel something on their behalf (unless they are under 14 in which case you sign for them). Since they are 16 and 18 they signed the forms themselves right? Its their petitions...

 

anyway- The child who is 18 can fill out the form to surrender their GC . Do they want to do this?

 

For the child who is 16- is this about getting them to leave the US? (if they did who would they live with as it seems both their parents are in the US) If its about the child being used to get additional welfare benefits- well that sounds like a custody issue of sorts. You can not claim welfare for children that you do not have custody of. And the easiest way to prevent the child from being eligible for welfare it to provide support for the child in excess of the poverty guidelines so they dont qualify. Does your husband not support the child? Is there a custody agreement? Does the child now live with the mother only? 

 

What is it you want to accomplish? You are most likely going about it the wrong way. 

 

[Boiler 46,312]

If the 18 year old has gone gone then it hardly matters, the one who is here you are on the hook for. Arguably in your best interests that they naturalise asap.

[Ash.1101 1,756]

 

21 hours ago, Villanelle said:

I am going to assume the children came after your husband did? Thats why they are filing their own 751s and were not able to be included on his- correct?

 

Also, as much as you feel these are 'your forms' because you probably filled them out and did all the assembling and mailing--- technically the 751 petitions belong to the immigrant. You can not cancel something on their behalf (unless they are under 14 in which case you sign for them). Since they are 16 and 18 they signed the forms themselves right? Its their petitions...

 

anyway- The child who is 18 can fill out the form to surrender their GC . Do they want to do this?

 

For the child who is 16- is this about getting them to leave the US? (if they did who would they live with as it seems both their parents are in the US) If its about the child being used to get additional welfare benefits- well that sounds like a custody issue of sorts. You can not claim welfare for children that you do not have custody of. And the easiest way to prevent the child from being eligible for welfare it to provide support for the child in excess of the poverty guidelines so they dont qualify. Does your husband not support the child? Is there a custody agreement? Does the child now live with the mother only? 

 

What is it you want to accomplish? You are most likely going about it the wrong way. 

 

I'd also be curious if the mom is a USC or LPR.

But yeah, there seem to be some missing pieces here. Wanting to cancel sponsorship on a step child because they moved in with their biological parent for any reason comes more off as being angry than being afraid they'll be using public assistance. 

Would they be held responsible at 16 if a USC mom got public assistance by considering them a part of the household?

[Destinee72014 0]

1 minute ago, Ash. said:

 

I'd also be curious if the mom is a USC or LPR.

But yeah, there seem to be some missing pieces here. Wanting to cancel sponsorship on a step child because they moved in with their biological parent for any reason comes more off as being angry than being afraid they'll be using public assistance. 

Would they be held responsible at 16 if a USC mom got public assistance by considering them a part of the household?

Thank you all for the comments.  This has nothing to do with angry. Mom is a USC and has been one since 2013. My point is I am responsible for 10yrs or naturalization.  And my stepdaughters mom thinks this is an opportunity to use her daughter as a meal ticket, when she has been absent out of the childs life for for many yrs . When my stepdaughter comes to america Mom tries to get full custody and then child support ( for a child that her Dad has been the one providing for her only until i came along), goes on welfare, racked up medical bills that are now on my credit report ( my stepdaughter is my insurance). I hate to seem short but its not right what is happening and not to mention. My stepdaughter has gotten in alot of trouble over the years ( stealing 2 cell phones, getting suspended for sexting) . Which the Mom sat in the shadows and didnt reinforce that certain things were wrong, but instead did anything to be her friend. I have always encouraged them to have a good relationship.

[HRQX 4,145]

8 minutes ago, Destinee72014 said:

My point is I am responsible for 10yrs or naturalization.

There are strict conditions that end the I-864 obligation: https://citizenpath.com/faq/obligations-form-i-864/ "For 10 years" isn't one of them.

[Destinee72014 0]

3 minutes ago, HRQX said:

There are strict conditions that end the I-864 obligation: https://citizenpath.com/faq/obligations-form-i-864/ "For 10 years" isn't one of them.

Thank you HRQX

8 hours ago, Boiler said:

If the 18 year old has gone gone then it hardly matters, the one who is here you are on the hook for. Arguably in your best interests that they naturalise asap.

Thank you so much that seems to be the best Avenue 

[HRQX 4,145]

18 minutes ago, Destinee72014 said:

Mom is a USC and has been one since 2013.

Your stepdaughters might already be US citizens per INA 320. They should apply for US passports (assuming they lived with their biological USC mother before they turned 18): https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Child-Citizenship-2000-Sections-320-322-INA.html If that happened, the "becomes a US citizen" condition has been met.

Edited October 21, 2019 by HRQX

[Destinee72014 0]

22 hours ago, Villanelle said:

I am going to assume the children came after your husband did? Thats why they are filing their own 751s and were not able to be included on his- correct?

 

Also, as much as you feel these are 'your forms' because you probably filled them out and did all the assembling and mailing--- technically the 751 petitions belong to the immigrant. You can not cancel something on their behalf (unless they are under 14 in which case you sign for them). Since they are 16 and 18 they signed the forms themselves right? Its their petitions...

 

anyway- The child who is 18 can fill out the form to surrender their GC . Do they want to do this?

 

For the child who is 16- is this about getting them to leave the US? (if they did who would they live with as it seems both their parents are in the US) If its about the child being used to get additional welfare benefits- well that sounds like a custody issue of sorts. You can not claim welfare for children that you do not have custody of. And the easiest way to prevent the child from being eligible for welfare it to provide support for the child in excess of the poverty guidelines so they dont qualify. Does your husband not support the child? Is there a custody agreement? Does the child now live with the mother only? 

 

What is it you want to accomplish? You are most likely going about it the wrong way. 

 

Its a long story but in short. My husband has had my stepdaughter by himself since she was 2 when mom migrated to the states. He has provided financially, has been to every school activity, work several jobs to make sure school uniforms supplies etc. We are currently attorney repped and in process of making agreement. We tried to be fair and do one without the courts 50/50 but mom thinks because shes mom she should have her. Remember she has paid one dime over the yrs and im only going to go off since i came in the picture, as i cannot account for anyone else. I am just trying to cover myself. Her mom is usc since 2013. And was more than capable of sponsoring my stepdaughter.  No anger as ive always tried to push the relationship as there was none at first because stepdaughter resented mom. 

[Destinee72014 0]

5 minutes ago, HRQX said:

Your stepdaughters might already be US citizens per INA 320. They should apply for US passports (assuming they lived with their biological USC mother before they turned 18): https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Child-Citizenship-2000-Sections-320-322-INA.html If that happened, the "becomes a US citizen" condition has been met.

I will look into this because she just went down to moms January.  She was leaving with us most the time. But this is so helpful again thank you. And im wondering if this will work because sadly the mom is not going to pay for any fees that comes with this just as she didnt contribute throughout the whole process.