withdraw I-751

[Jenny17655 284]

Hi, I am in the middle of filing for a divorce and my husband has been charged with endangering the welfare of my child and is now pending trial.  Child Protective Services did an investigation and the report was indicated against him for inadequate guardianship and sexual abuse.  This is the state of New York.  His conditional 2 year green card expired in 2021 and he was given the 2 year extension. Our divorce is not final I just had him served 2 weeks ago.  I am doing everything possible to cut ties with him and wanting to know what my next steps should be with USCIS.

[powerpuff 6,667]

~~ Topic moved from Removal of Conditions on Residency to Effects of Major Family Changes where similar topics are discussed ~~

I’m sorry to hear about your situation.

 

You cannot withdraw that petition, that is your husband’s petition and it is solely in his hands. There are no next steps for the spouse of the immigrant in regards to USCIS.

[Boiler 45,428]

Assuming he has not been granted removal of conditions then certainly I can see he has a number of issues but they do not involve you.

[Pinkrlion 2,715]

You can report this to USCIS.  A crime of CIMT committed within 5 years after admission is deportable.  You know his case number, write a letter to USCIS with a copy of the letter from CPS, and mail it to them - Express Mail

[Adventine 3,196]

I'm sorry to hear about your situation. I agree with @Pinkrlion, send a copy of the CPS letter detailing the abuse to USCIS, along with his case number. 

 

Apart from that, if he ever tries to apply for naturalization, USCIS will uncover his criminal records.

[Boiler 45,428]

He has been charged not convicted

 

It could be a felony or a misdemeanor.

[Mobius1 175]

You can’t withdraw the petition but can withdraw your support by writing a letter. Essentially you are telling USCIS you don’t want any part of this. Then they will send your spouse Letter of intent to deny and then eventual denial.  
 

However, he can still have the conditions removed using i-751 divorce wavier BUT if he gets convicted of the sexual crimes you mention, that’s a deportable offense. Suffice to say it’s a very difficult road ahead of him.

 

[Family 3,988]

5 hours ago, Jenny17655 said:

Hi, I am in the middle of filing for a divorce and my husband has been charged with endangering the welfare of my child and is now pending trial.  Child Protective Services did an investigation and the report was indicated against him for inadequate guardianship and sexual abuse.  This is the state of New York.  His conditional 2 year green card expired in 2021 and he was given the 2 year extension. Our divorce is not final I just had him served 2 weeks ago.  I am doing everything possible to cut ties with him and wanting to know what my next steps should be with USCIS.

He filed a Joint I-751 (  you  signed and on the basis of that he was granted an extension) , therefore you most certainly can do a few things: 

 

1. send a letter to USCIS stating that the marriage is no longer viable, divorce proceedings filed include copy AND add reference to the CPS investigation case number and contact.
If you have any court case number for his pending criminal charges , include that. 

2. file TRO (  domestic violence restraining orders protecting you and your child ) if you have not done so yet, even if there are CPO ( criminal protective orders ) in place. 
 

3. Get all the help and support you can for you and your child. Remember they teach parents on airplanes to first put their own oxygen mask before attempting to put it on the child. 
 

You are a strong woman and a good mother. CPS may get a bad rap for failing to protect many children, but I am grateful they were there to yours from any further pain. 
 

 

 

[Pinkrlion 2,715]

6 hours ago, Boiler said:

He has been charged not convicted

 

It could be a felony or a misdemeanor.

It does not not matter if he has been convicted, he has been charged with a crime, and he will have to provide court records to USCIS for his I-751 to be adjudicated, as he did not report it.  

[EA and MK 48]

Why is the USC sponsor even needing to involve USCIS? Why does she even need to get in the middle of his immigration issues? He will have to deal with ramifications alone; she should stay out of it and just focus on staying safe as well as

 keep her kids safe. 

[Pinkrlion 2,715]

1 hour ago, EA and MK said:

Why is the USC sponsor even needing to involve USCIS? Why does she even need to get in the middle of his immigration issues? He will have to deal with ramifications alone; she should stay out of it and just focus on staying safe as well as

 keep her kids safe. 

She is a joint filer on his I-751, she is required to report that they are no longer together otherwise it is immigration fraud to acquire immigration benefits based upon a lie.  IE. Still living together and married, when you know you are not livign together and filed for divorce.   

Edited July 27, 2022 by Pinkrlion

[Mobius1 175]

On 7/27/2022 at 12:32 PM, Pinkrlion said:

She is a joint filer on his I-751, she is required to report that they are no longer together otherwise it is immigration fraud to acquire immigration benefits based upon a lie.  IE. Still living together and married, when you know you are not livign together and filed for divorce.   

There is no law that requires what you mention here. The responsibility is on the Beneficiary to inform once their divorce completes before i751 approval. 

[Rocio0010 5,579]

On 7/27/2022 at 1:32 PM, Pinkrlion said:

She is a joint filer on his I-751, she is required to report that they are no longer together otherwise it is immigration fraud to acquire immigration benefits based upon a lie.  IE. Still living together and married, when you know you are not livign together and filed for divorce.   

Link to the law?

[powerpuff 6,667]

~~ Duplicate thread removed. Please keep all related discussion in one thread per TOS. It also helps others to see all info in one place and provide better answers ~~

4 minutes ago, Jenny17655 said:

OK guys here's a little update since its been a few years.  I brought my ex husband over here on a K1 visa we married did all the proper filing etc.  He received 2 year green card which probably expired 2 years ago but was given the 2 year extension for covid which also expired or will very soon.  Right as he received the extension we split up.  Shortly after he moved out of the home my daughter revealed in school that he had been inappropriate with her for the last 2 years!.  She presented evidence and he was arrested.  This was in March of 2022 that he was arrested.  CPS in NY conducted an investigation and it was substantiated.  His criminal trial is still pending.  The charge is a misdemeanor Endangering the welfare of a child and the CPS reports inadequate guardianship and sexual abuse.  I reported this to the USCIS tip line with no response.  I filed for divorce and moved far away.  The divorce is final.  The man has tried many attempts to retaliate now trying to seek an order of protection against me to make it look like I brought him here to abuse him.  Just wondering what's going to happen once that extension expires.

 

[Boiler 45,428]

If he filed to remove conditions on the basis of being married he would either needed to have converted that to a divorce waiver or re filed. He could of course have done nothing, there is no way you would or could know.

 

Your obligation under the I 864 continues