Divorce questions

[S S 25]

Unfortunately, that is true. 

[Demise 1,316]

On 11/16/2020 at 7:20 PM, DeeandFelix said:

Hello,

I wasn't sure which preset title to select so I selected this one. I'm in the process of filing for divorce. My husband and I have been married 2 years since october. He's only been in the usa since Feb 2020 so 9 months. Do I need to report the divorce to uscis? Can and how do I request to remove my sponsorship? Will he be deported?

1. There's really no process for reporting it aside sending an unsolicited submission that probably won't get noted anywhere. So no, you do not have to report it to USCIS.

2. You cannot revoke an I-864 if he was already granted permanent residency. You remain on the hook until one of the following happens:

a. He completes 40 quarters of work as defined by the Social Security Act

b. He naturalizes

c. He loses his permanent residency and leaves the United States

d. He loses his permanent residency by being subject to removal but manages to re-adjust under a different petition

e. He dies

f. You die

3. Depends. If he already has a 10 year green card - no. If he has a 2 year green card, he can (and likely will) file I-751 seeking a waiver filing alone. If he's successful he'll get a 10 year green card and won't be subject to removal unless he commits a serious crime. If he's unsuccessful he can appeal, leave US, or get deported.

Edited November 20, 2020 by Demise

[DeeandFelix 4]

Hello all. So there is something that can be done about the people who married for a green card. There's a group on Facebook https://www.facebook.com/groups/VOIF.Support/?ref=share

that shares info on what can be done. 

[Kingdomcome84 18]

I'm giving my response based on me having went thru your same journey and also brought a spouse from Nigeria. USA is very relaxed with immigration once the beneficiary steps foot on US soil,  and this is whether the beneficiary gets married to their sponsor or NOT. Him staying in the US is no longer up to you if the marriage ended even if he's at fault on why it ended. There many loopholes that lawyers, home shelters and church organizations that know how to work the system. Even if they don't get their paperwork based off marriage to you, most immigrants plan to stay in the US for the rest of their life until a massive government amnesty thus pardoning all immigrants. The last government amnesty was 20yrs ago right before Clinton left office. Biden has has plans to reinstate mass amnesty to all immigrants  

 

This is why everyone on this forum responds with "finding your happiness and moving on" because nothing can be done that you would have control of. I've felt the pain your going thru because it sucks for your love, affection, money & time to have been used. I wouldn't worry about the 864 sponsorship because its NEVER or rarely enforced. Hope you get well and stay strong

Edited December 14, 2020 by kingdomcome84