Divorcing after filing I-751

[KikoandJudy 1]

My world has just turned upside down. My spouse entered on a K-1 visa four years ago and we are now in the process of filing for divorce. We submitted the application to remove conditions (AOS) about 4 weeks ago. As a US citizen I have sponsored him, his adult daughter and his minor daughter who is just waiting for her interview at the consulate in Mexico. His adult daughter has been in the US for 3 years now.  I no longer want to be their sponsor because I am older and my health is not good. What can I do at this time? Will my husband and stepdaughter be deported now and his minor child refused entry? 

[payxibka 10,047]

56 minutes ago, KikoandJudy said:

My world has just turned upside down. My spouse entered on a K-1 visa four years ago and we are now in the process of filing for divorce. We submitted the application to remove conditions (AOS) about 4 weeks ago. As a US citizen I have sponsored him, his adult daughter and his minor daughter who is just waiting for her interview at the consulate in Mexico. His adult daughter has been in the US for 3 years now.  I no longer want to be their sponsor because I am older and my health is not good. What can I do at this time? Will my husband and stepdaughter be deported now and his minor child refused entry? 

You can't just walk away from the sponsorship already in place.  You can rescind any sponsorship of the minor child 

[Ryan H 3,819]

Moved from K1 Process & Procedures to Effects of Major Family Changes on Immigration Benefits forum.

[Chancy 6,243]

18 hours ago, KikoandJudy said:

I no longer want to be their sponsor because I am older and my health is not good. What can I do at this time?

 

First thing you can do is to contact (in writing) the interviewing consulate to notify them that you are withdrawing your sponsorship for the minor child.  If you are sure about the divorce, send this notification as soon as you can and make sure you get clear acknowledgement from the consulate that they received it.  This should stop the consulate from issuing an immigrant visa for the child based on your sponsorship.  Your spouse may file a new petition for his child, but you do not need to be involved in that at all.

 

As for your spouse and his adult daughter, since they already have their green cards (even if conditional), it is too late for you to withdraw your sponsorship.  You are on the hook for them financially until any of the termination conditions for the I-864 is met.  Divorce will not terminate your I-864 obligations.  Only thing you can do is to work with your divorce lawyer to protect your interests as much as possible.

 

Regarding their Removal of Conditions, there's nothing for you to do, except to stop participating in the process.  Although not required, if it will give you some peace of mind that you've taken action, you may notify USCIS that you are in the process of divorce and will no longer be involved in the ROC process for your spouse and his daughter.  Just be aware that doing so will not stop them from completing ROC eventually and that they will not be deported even when you divorce.

 

I wish you well.