I-864 removal

[ImagineMe 35]

Been having thoughts about my options and have read some mixed responses. My wife has her 2 year greencard, and we have filed for the I-751 back in Nov of 2019, and she did her biometrics a few weeks ago. She has changed her priorities a lot since coming back from China back in June of this year because her father is in legal trouble. There is a lot of other stuff going on that has made me rethink what this marriage was intended for, which was to start a family since I had waited til my mid 40s to finally get married. And there are other issues going on that lead me to believe that she is changing her mind on a lot of things in our marriage.

  I can still remove an I-864 as long as there has not been an interview or 10 year green card issued? I'm just weighing my options and thoughts before I act as this is a huge decision. 

Edited September 27, 2021 by ImagineMe

[HRQX 4,145]

6 minutes ago, ImagineMe said:

I can still remove an I-864 as long as there has not been an interview or 10 year green card issued?

The I-864 is already in effect because your wife was issued the 2-year GC. The I-864 obligation only ends when the immigrant:

• Becomes a U.S. citizen;
• Has worked, or can receive credit for, 40 quarters of coverage under the Social Security Act;
• No longer has lawful permanent resident status and has departed the United States;
• Is subject to removal, but applies for and obtains, in remove proceedings, a new grant of adjustment of status, based on a new affidavit of support, if one is required; or
• Dies

Also: https://www.uscis.gov/sites/default/files/document/forms/i-864.pdf Page 7

Quote

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

 

Your obligations under a Form I-864 that you signed also end if you die. Therefore, if you die, your estate is not required to take responsibility for the person's support after your death. However, your estate may owe any support that you accumulated before you died.

[Crazy Cat 41,886]

9 minutes ago, ImagineMe said:

can still remove an I-864 as long as there has not been an interview or 10 year green card issued?

No.  You are obligated by the I-864 you submitted until one of the following:

1.  Immigrant becomes a citizen

2.  Immigrant has gained 40 quarters of SS work credit

3.  Immigrant has lost status a a legal resident and departed the US

4.  Immigrant dies

 

It might in your best interest for her to become a citizen as soon as possible.

 

 

Edited September 27, 2021 by Crazy Cat

[ImagineMe 35]

Guess I thought that the reason a 2nd one was done (1st for aos and 2nd for roc) was because ROC had was still needing to be approved. 

Ok, thanks for that. 

[milimelo 4,481]

30 minutes ago, ImagineMe said:

Guess I thought that the reason a 2nd one was done (1st for aos and 2nd for roc) was because ROC had was still needing to be approved. 

Ok, thanks for that. 

There is no I-864 for Removal of conditions. The one you’ve done for AOS - green card issuance is still in effect. 

Edited September 27, 2021 by milimelo

[LU SEE FURR 14]

On 9/26/2021 at 10:26 PM, ImagineMe said:

Guess I thought that the reason a 2nd one was done (1st for aos and 2nd for roc) was because ROC had was still needing to be approved. 

Ok, thanks for that. 

That would be a better deal if that happened like that.

Edited September 28, 2021 by LU SEE FURR