Sponsoring a New Spouse (merged topics)

[AmeriCanadian91 3]

2 minutes ago, Boiler said:

If you can evidence he left the USA then he is no longer your financial responsibility under the I 864.

Should I include evidence that he left, or just go about the AOS package normally and wait until they request evidence for that (if they do)?

[HRQX 4,145]

22 minutes ago, AmeriCanadian91 said:

Should I include evidence that he left,

Do you know for sure that he hasn't reentered as a LPR?

29 minutes ago, AmeriCanadian91 said:

Since he never removed conditions on his green card, is his PR essentially revoked,

Not necessarily. Only an Immigration Judge can revoke LPR status OR the conditional resident can voluntarily submit Form I-407 after departing the US: https://www.uscis.gov/i-407 The I-751 not being filed does not mean the LPR status ended: https://www.dhs.gov/sites/default/files/publications/cisomb-conditional-residence-recommendation-final-02282013_1.pdf

[AmeriCanadian91 3]

9 minutes ago, HRQX said:

Do you know for sure that he hasn't reentered as a LPR?

Not necessarily. Only an Immigration Judge can revoke LPR status OR the conditional resident can voluntarily submit Form I-407 after departing the US: https://www.uscis.gov/i-407 The I-751 not being filed does not mean the LPR status ended: https://www.dhs.gov/sites/default/files/publications/cisomb-conditional-residence-recommendation-final-02282013_1.pdf

Yes, I know for sure that he is living in Canada. He got his PR in 2016 and we moved to Canada in 2017, where he's been since (I can confirm as of February 2021 that he was living in Ontario, so he's been back there for 4 years). We both assumed after a bit that he's no longer allowed to reside in the US unless we complete another PR application for him, and he's not good with paperwork and had no part of the immigration process, so he definitely wouldn't know to go back to the US under his previous PR status. Also, his entire family lives near him (which is why we moved to Canada in 2017), he has no reason to come back here.

[AmeriCanadian91 3]

17 minutes ago, HRQX said:

Do you know for sure that he hasn't reentered as a LPR?

What could I provide as proof that he's not living in the US?

[Boiler 46,232]

10 minutes ago, AmeriCanadian91 said:

What could I provide as proof that he's not living in the US?

I 407 would be the obvious thing.

[AmeriCanadian91 3]

14 minutes ago, Boiler said:

I 407 would be the obvious thing.

We never filed that and I'm no longer in contact with my ex. I'm sure that's something that he has to fill out and sign, right? Or can I fill it out for him? I have his Canadian tax returns for 2017-2019 showing that he's living and working in Canada, if that helps? We've stopped talking since 2020, so I can't prove that he won't return, but I can show that he's been back in Canada for years now.

[Boiler 46,232]

Does not sound like you have evidence he has abandoned his Permanent Residency and no an ex spouse can not abandon it for him think where that could take us.

[AmeriCanadian91 3]

3 minutes ago, Boiler said:

Does not sound like you have evidence he has abandoned his Permanent Residency and no an ex spouse can not abandon it for him think where that could take us.

That's what I figured. That being said, what should I be doing to account for my ex, if anything?

[Boiler 46,232]

An extra body for the I 864

[AmeriCanadian91 3]

21 minutes ago, Boiler said:

An extra body for the I 864

So I should state a household size of 3: 1 for myself, 1 for my spouse, and 1 for my ex? My income will be more than enough to show support, so I'm not worried about that, I just want to make sure that shouldn't trigger any additional inquiries/delays.

[Boiler 46,232]

Questions would be raised  I would expect if you said 2