Lying on petition

[ishatu 45]

2 hours ago, powerpuff said:

It doesn't matter. The text is plain and clear on the I-864 which the sponsor (you) signed:

 

"If you sign Form I-864 on behalf of any person (called the intending immigrant) who is applying for an adjustment of status to a lawful permanent resident, and that intending immigrant submits Form I-864 to the US Government with his or her application for an immigrant visa or adjustment of status, under INA section 231A, these actions create a contract between you and the US Government. 

 

If an intending immigrant becomes a lawful permanent resident in the United States based a on Form I-864 that you have signed, then, until your obligations under Form I-864 terminate, the US Government may consider (deem) your income and assets as available to that person, in determining whether he or she is eligible for certain Federal means-tested public benefits and also for state or local means-tested public benefits

 

 

If you do not provide sufficient support to the person who becomes a lawful permanent resident based on a Form I-864 that you signed, that person may sue you for this support. If a Federal, state local, or private agency provided any covered means-tested public benefit to the person who becomes a lawful permanent resident based on a Form I-864 that you signed, the agency may ask you to reimburse them for the amount of the benefits they provided. If you do not make the reimbursement, the agency may sue you for the amount the agency believes you owe. If you are sued, and the court enters a judgement against you, the person or agency that sued you may use any legally permitted procedures for enforcing or collecting the judgment. You may also be required to pay the costs of collection, including attorney fees."

 

Your obligations terminate when the intending immigrant: 

1. A. Becomes a US Citizen;
2. B. Has worked, or can receive credit for, 40 quarters of coverage under the Social Security Act;
3. C. No longer has lawful permanent resident status and has departed the United States;
4. D. Is subject to removal, but applies for and obtains, in removal proceedings, a new grant of adjustment of status, based on a new affidavit of support, if one is required; or
5. E. Dies.

NOTE: Divorce does not terminate your obligations under Form I-864.

 

As you can see, it doesn't really matter if you're not in contact or you don't know where he lives or that he's remarried. Even the fact that you divorced doesn't end your legal obligation. 

Well #2 and probably #3 clears me of that obligation. And when we were together he made more money than I did while I sat home and worked part time.

Edited August 29, 2021 by ishatu

[laylalex 7,300]

3 hours ago, ishatu said:

My husband knows that I was previously married to a foreigner. And of course I know that my divorce decree is needed, that one of the documents they ask for. You know this is not my first rodeo.

That's all good. That's absolutely something you don't want USCIS to spring on someone. But how could you not disclose your previous marriage on your petition but also include your divorce decree? I guess that's my question. The petition and the document would contradict each other on their faces. Anyway, you're doing the right thing so I'll butt out.  

[Troy B 224]

5 hours ago, ishatu said:

Well #2 and probably #3 clears me of that obligation. And when we were together he made more money than I did while I sat home and worked part time.

 

I don't believe money earned spends up the 40 quarters (though there is a minimum for the quarter to counted).  That is a time based requirement.   You need to do some research or hire someone to do the research to find out if they are still in the USA.

[brevig 28]

9 hours ago, ishatu said:

Well #2 and probably #3 clears me of that obligation

You really need to find out these things to know for sure.  A "probably" won't be a good enough response for immigration.

 

For #2, How long ago did you get married, and has he worked the entire time you've known him (after doing the I-864)?  If your marriage was less than 10 years ago then you can totally forget #2.

 

For #3, reach out to him to find out his exact location and if he still has a valid green card or other visa.  If you can't find him reach out to the family/friends that you can contact and have them find him.  Unfortunately, if he remarried you are still on the hook as YOU are the one that signed the I-864.

 

One last thing, and others correct me if I'm wrong, but I don't think this will prevent you, just it will increase the amount of income/assets you'll have to show.

[Savva 222]

On 8/28/2021 at 12:15 AM, Kehinde said:

Is it possible for a person to get away with lying on part 5. Where they ask if you've ever filed a petition for anyone else? Is there a way they will check?

 

It will be the FIRST thing they will check on

[Ryan H 3,834]

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