Withdraw sponsorship of unfaithful 2 year green card holder?

[NDL2022 42]

7 minutes ago, Unlockable said:

*** Two threads of the same topic merged. Only start one thread per topic.

 

VJ Moderation 

Can you merge it under the title “Withdraw” instead of “Redraw,” that’s why I accidentally reposted, I thought I was editing it.  

[carmel34 3,620]

45 minutes ago, NDL2022 said:

From what I’ve gathered so far from other sources, I simply have to call USCIS and tell them I wish withdraw my i-130 and i-864 on the bases of infidelity, and with the screenshots of her correspondences alone, they’ll grant me the removal without me being responsible for her financially.

Your "other sources" are wrong.  She is in the US as a LPR, so just because of infidelity or divorce you can't withdraw I-130 or I-864.  She can file for removal of conditions to get a 10-year green card with a divorce waiver.  The question of your financial obligations to her, if any, will be determined in the divorce process.  The I-864 could be used by her divorce attorney in the divorce negotiations or court case, but it is rarely enforced by the US government.  The I-864 is a contract between you, the primary financial sponsor, and the US Government, and is in force even after divorce and/or infidelity.  If your beneficiary uses certain public benefits, the US government can sue you for reimbursement, but this rarely happens.  Focus on the divorce, your own happiness, and move on.  Your wife's immigration journey is now her own.  Good luck!

Edited November 29, 2022 by carmel34

[kzielu 1,149]

50 minutes ago, NDL2022 said:

From what I’ve gathered so far from other sources, I simply have to call USCIS and tell them I wish withdraw my i-130 and i-864 on the bases of infidelity, and with the screenshots of her correspondences alone, they’ll grant me the removal without me being responsible for her financially. 

Especially since she already has employment since May 2022 officially, it’s apart if her case files. Also, she already has a place to live outside of my residence. 

Go ahead and do it and let us know how it worked out.

 

You clearly don't want to listen to people here showing you excerpts of I-864 you yourself signed so go ahead and try it if you think you know it better, No one here will be able to convince you otherwise looks like.

[NDL2022 42]

1 minute ago, carmel34 said:

Your "other sources" are wrong.  She is in the US as a LPR, so just because of infidelity or divorce you can't withdraw I-130 or I-864.  She can file for removal of conditions to get a 10-year green card with a divorce waiver.  The question of your financial obligations to her, if any, will be determined in the divorce process.  The I-864 could be used by her divorce attorney in the divorce negotiations or court case, but it is rarely enforced by the US government.  The I-864 is a contract between you, the primary financial sponsor, and the US Government.  If your beneficiary uses certain public benefits, the US government can sue you for reimbursement, but this rarely happens.  Focus on the divorce, your own happiness, and move on.  Your wife's immigration journey is now her own.  Good luck!

Okay I see. 

To be clear, I have no interest in her faith in any regards. I’m simply trying to make sure I’m not stuck involuntarily paying this woman x amount of money that is no longer my wife and who cheated on me. 

Also, remember, she just got her 2 year green card, not her 10 year one. So doesn’t she still have to be on her “best behavior” so to speak until she gets her 10 year card? 
Also one of the check box questions on one of the forms says “do you plan on engaging in polygamy,” it’s a long shot, but hasn’t she violated that also? 
Anyway, I just want to make sure years down the road I don’t get a court order saying I have to cough up part of my income to this woman. 
So I was wondering if in this 2 year moment if there is something I could do to withdraw sponsorship? 

Or is it truly a lost cause and I have to cross my fingers and have this hanging over me for the rest of my life. Christ. 

[Dashinka 24,479]

3 minutes ago, NDL2022 said:

Okay I see. 

To be clear, I have no interest in her faith in any regards. I’m simply trying to make sure I’m not stuck involuntarily paying this woman x amount of money that is no longer my wife and who cheated on me. 

Also, remember, she just got her 2 year green card, not her 10 year one. So doesn’t she still have to be on her “best behavior” so to speak until she gets her 10 year card? 
Also one of the check box questions on one of the forms says “do you plan on engaging in polygamy,” it’s a long shot, but hasn’t she violated that also? 
Anyway, I just want to make sure years down the road I don’t get a court order saying I have to cough up part of my income to this woman. 
So I was wondering if in this 2 year moment if there is something I could do to withdraw sponsorship? 

Or is it truly a lost cause and I have to cross my fingers and have this hanging over me for the rest of my life. Christ. 

She will have to meet the requirements of filing the I751 with a divorce waiver, and can naturalize (assuming she is approved for a 10yr GC) five years less 90 days after she received her 2 yr GC.

 

Unless you have proof she remarried while still being legally married to you, polygamy is not an issue.

 

Work with your divorce attorney regarding the I864 using the precedent that @Mike E linked, and hope if she decides to stay in the US, she completes naturalization in 5 years  Beyond that, there is not much you can do from her immigration standpoint.

 

Good Luck! 

[NDL2022 42]

8 minutes ago, kzielu said:

Go ahead and do it and let us know how it worked out.

 

You clearly don't want to listen to people here showing you excerpts of I-864 you yourself signed so go ahead and try it if you think you know it better, No one here will be able to convince you otherwise looks like.

It’s not that I don’t want to listen, it’s that I am processing everything and making sure everyone understands exactly what’s happening. 

I’m guessing everyone thinks she has the 10 year green card, and she doesn’t, she has the 2 year conditional green card, which itself implies a probationary period. 
Also, I should mention that before I got full employment in 2/2022 another sponsor was slated to be filed with her USCIS case. Actually, she was called back for a second meeting (not interview), because at the time we were doing our first interview, that sponsor came up in the USCIS systems with red flags. 
Now, she eventually got her 2 year green card cause she had to sign an affidavit of sorts clarifying that I was the sponsor now and that the original sponsor was legitimately a friend, etc. 
I don’t know the details, but she definitely had to go back to meet with them to sign some clarifying letter of some sort. But it wasn’t a “stokes” (forgot the terminology) interview, and I wasn’t required to be there for that. To be clear. 
So I’m just still gathering info and clarifying along the way to make sure I understand what might happen. 

[Dashinka 24,479]

2 minutes ago, NDL2022 said:

It’s not that I don’t want to listen, it’s that I am processing everything and making sure everyone understands exactly what’s happening. 

I’m guessing everyone thinks she has the 10 year green card, and she doesn’t, she has the 2 year conditional green card, which itself implies a probationary period. 
Also, I should mention that before I got full employment in 2/2022 another sponsor was slated to be filed with her USCIS case. Actually, she was called back for a second meeting (not interview), because at the time we were doing our first interview, that sponsor came up in the USCIS systems with red flags. 
Now, she eventually got her 2 year green card cause she had to sign an affidavit of sorts clarifying that I was the sponsor now and that the original sponsor was legitimately a friend, etc. 
I don’t know the details, but she definitely had to go back to meet with them to sign some clarifying letter of some sort. But it wasn’t a “stokes” (forgot the terminology) interview, and I wasn’t required to be there for that. To be clear. 
So I’m just still gathering info and clarifying along the way to make sure I understand what might happen. 

No, you made it clear that she only has the 2yr GC, but that only requires her to file the I751 for the removal of conditions to obtain the 10yr GC which I believe (other's can correct me if I am wrong) she can do with a divorce waiver as soon as the divorce is finalized (I don't believe she has to wait for the 2 yr filing window to open up).  Now she has to meet the requirements for filing the I751, bust since she is filing with a divorce waiver, she does not need to prove a bonafide marriage since that was already demonstrated at the AOS phase.  

[NDL2022 42]

9 minutes ago, Dashinka said:

She will have to meet the requirements of filing the I751 with a divorce waiver, and can naturalize (assuming she is approved for a 10yr GC) five years less 90 days after she received her 2 yr GC.

 

Unless you have proof she remarried while still being legally married to you, polygamy is not an issue.

 

Work with your divorce attorney regarding the I864 using the precedent that @Mike E linked, and hope if she decides to stay in the US, she completes naturalization in 5 years  Beyond that, there is not much you can do from her immigration standpoint.

 

Good Luck! 

Well the divorce is on it’s way, it’s been filed amicably because I had leverage over her, she even paid for it. 

So it’s technically not my attorney. 

The divorce is estimated by the lawyer to be finalized in June/July 2023. 

Okay, so that being the case, what if I could have her use another sponsor? 
It’s a long shot, her stuff is still here, and think I could get her to revert to her initial sponsor, I think that would insure I’m rid of this albatross hanging over me. 

[NDL2022 42]

6 minutes ago, Dashinka said:

No, you made it clear that she only has the 2yr GC, but that only requires her to file the I751 for the removal of conditions to obtain the 10yr GC which I believe (other's can correct me if I am wrong) she can do with a divorce waiver as soon as the divorce is finalized (I don't believe she has to wait for the 2 yr filing window to open up).  Now she has to meet the requirements for filing the I751, bust since she is filing with a divorce waiver, she does not need to prove a bonafide marriage since that was already demonstrated at the AOS phase.  

I read about divorce waiver somewhere, wouldn’t she have to prove that the divorce was due to wrong doing on my part, like abuse or infidelity, etc. 
Where, wouldn’t I be given a chance to state my case, where I could show that she cheated on me. 

Then at that point, if she fails to get her 10 year green card, wouldn’t she have to leave the country anyway, thus alleviating me of my sponsor burden? 
Basically, the divorce waiver isn’t just granted without a burden of conditions that she has to meet. Right?  

[SteveInBostonI130 3,432]

7 minutes ago, NDL2022 said:

Well the divorce is on it’s way, it’s been filed amicably because I had leverage over her, she even paid for it. 

So it’s technically not my attorney. 

The divorce is estimated by the lawyer to be finalized in June/July 2023. 

Okay, so that being the case, what if I could have her use another sponsor? 
It’s a long shot, her stuff is still here, and think I could get her to revert to her initial sponsor, I think that would insure I’m rid of this albatross hanging over me. 

 

The I-864 is between you and USCIS.  It has definitive conditions for releasing you from your signed obligations.  No other condition will "remove" or "withdraw" it.

 

Even if your wife gets another sponsor, you will remain the primary sponsor.

 

[powerpuff 6,677]

Thousands file for a 10 year GC with a divorce waiver and receive them. This is not your concern anymore, she can file freely with a divorce waiver. You can’t use that over her head to get her to do what she wants or take away her lawful permanent resident status… 

 

2 minutes ago, SteveInBostonI130 said:

Even if your wife gets another sponsor, you will remain the primary sponsor.

Exactly. 
 

The ONLY way your obligations end have already been presented to you. I don’t think you fully understand that those are the ONLY ways, there are no loopholes that you’re looking for.

[NDL2022 42]

4 minutes ago, SteveInBostonI130 said:

 

The I-864 is between you and USCIS.  It has definitive conditions for releasing you from your signed obligations.  No other condition will "remove" or "withdraw" it.

 

Even if your wife gets another sponsor, you will remain the primary sponsor.

 

But that’s the thing, the original sponsor when we filed back in 10/2021 was someone else, who had their own business, cause I was unemployed/underemployed at the time, I didn’t find full employment until 2/2022. 

So technically isn’t he the primary sponsor? 

I have to check the case online, which I’m still setting up. Maybe that’ll tell me who the primary sponsor is.

[NDL2022 42]

6 minutes ago, powerpuff said:

Thousands file for a 10 year GC with a divorce waiver and receive them. This is not your concern anymore, she can file freely with a divorce waiver. You can’t use that over her head to get her to do what she wants or take away her lawful permanent resident status… 

 

Exactly. 
 

The ONLY way your obligations end have already been presented to you. I don’t think you fully understand that those are the ONLY ways, there are no loopholes that you’re looking for.

I’m not trying to use anything over her head, I just want to make sure I’m not paying for anything in the future, if she suddenly decides to come after me. 

[powerpuff 6,677]

2 minutes ago, NDL2022 said:

But that’s the thing, the original sponsor when we filed back in 10/2021 was someone else, who had their own business, cause I was unemployed/underemployed at the time, I didn’t find full employment until 2/2022. 

So technically isn’t he the primary sponsor? 

I have to check the case online, which I’m still setting up. Maybe that’ll tell me who the primary sponsor is.

 

32 minutes ago, NDL2022 said:

Also, I should mention that before I got full employment in 2/2022 another sponsor was slated to be filed with her USCIS case. Actually, she was called back for a second meeting (not interview), because at the time we were doing our first interview, that sponsor came up in the USCIS systems with red flags. 

What red flags? If USCIS determined that he or she is not qualified to be a sponsor then they are not a joint sponsor.  Regardless, in any case, even if you had zero income and got a joint sponsor, you still are the primary sponsor because you’re the one who petitioned for your wife

[Lil bear 4,181]

2 hours ago, NDL2022 said:

From what I’ve gathered so far from other sources, I simply have to call USCIS and tell them I wish withdraw my i-130 and i-864 on the bases of infidelity, and with the screenshots of her correspondences alone, they’ll grant me the removal without me being responsible for her financially. 

Especially since she already has employment since May 2022 officially, it’s apart if her case files. Also, she already has a place to live outside of my residence. 

Theres a line in an iconic Aussie film “The Castle”… to which i pay homage .. 

 

Tell ‘im  he’s dreaming.  🤪

 

PS for any fellow Aussies reading .. “ah the serenity  ! “