How i get rid of i864 as a US citizen primary sponsor

[Jaswin 2]

Thanks everyone . well u r right @Family. Please tell me one thing if i arrange accommodation for my spouse  and as i said she is hungry for work ,and let her work to provide dowry to her daughter and i should live away from her  in Himalayas (home) for a 6 months and so. Until she complete 2 more yrs to apply for citizenship then divorce .what u guys  think ? Is there any better way or should i  move temporary to Himalayas and keep in toich with her in good faith and help until she becomes Citizen and then divorce??? 

[Mike E 11,739]

The rule is 3 years of being an LPR whole in a marital union with a U.S. citizen. .
 

If she is living in the U.S. while you are not, then you are not in a marital union.   

Edited November 19, 2022 by Mike E

[OldUser 6,680]

46 minutes ago, Jaswin said:

Thanks everyone . well u r right @Family. Please tell me one thing if i arrange accommodation for my spouse  and as i said she is hungry for work ,and let her work to provide dowry to her daughter and i should live away from her  in Himalayas (home) for a 6 months and so. Until she complete 2 more yrs to apply for citizenship then divorce .what u guys  think ? Is there any better way or should i  move temporary to Himalayas and keep in toich with her in good faith and help until she becomes Citizen and then divorce??? 

Just let her naturalize in 5 years on her own. She cannot naturalize under 3 year rule if you don't live together and why would you force yourself to live with somebody who doesn't want to be with you. Plus it could be viewed as fraud if you guys stayed together just for immigration benefit.

[Boiler 45,519]

Agree 5 years is safer, and she is just winding you up with the 864, not uncommon 

[nastra30 2,287]

Op, just divorce and let the chips fall where they'll fall. Put your happiness above anything else. Good luck.

[Crazy Cat 41,881]

3 minutes ago, nastra30 said:

Op, just divorce and let the chips fall where they'll fall. Put your happiness above anything else. Good luck.

Agree.  Life is too short to be miserable about things you have no control over. 

[Stein 276]

On 11/18/2022 at 11:28 PM, Jaswin said:

 

Yes they both were working  and my step child saved 15k in 8 months and contributed none.  My spouse is still working . she starts at 5am to 10pm ( 112 hrs /weeks ) .

 

Based on this I think the worry about the 1 864 isn't a concern.  It's obvious that she is a hard worker and will earn more than 125% of the poverty threshold.