Withdraw sponsorship of unfaithful 2 year green card holder?

[Adventine 3,196]

1 hour 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.

I believe this is the root of the confusion.

 

You, the husband, have always been the primary sponsor for your spouse's green card. Even when you were unemployed. The other sponsors you mentioned are called "joint sponsors" here on VJ, and while they demonstrated the financial ability to support your wife even when you couldn't, that does not make them the primary sponsor in the eyes of USCIS. You are and have been from the start.

[Rocio0010 5,579]

You are mixing pears and apples. No offense, but that's how you learn.

The reason of why you divorced doesn't really matter for the I-864. That's completely irrelevant. That's not what the I-864 is for.

After the divorce is finalized, she will have to file for a solo 751. That's her problem. She will have to prove that the marriage was entered in good faith. They might or might not red flag her case. But again, this is completely irrelevant for the I-864 and it doesn't excuse you from fulfiling your obligations should the government come after you (that doesn't happen frequently).

 

You are still the main sponsor for the I-864. What you had was a joint sponsor to help you meet the requirements.

[JeanneAdil 6,489]

4 hours ago, NDL2022 said:

First, this is Ohio. I’m in New York City. 

Second, I did not bring her here from Georgia, and even though I make significantly more than her and she has some medical issues with bone pain and antidepressant medication (which I discovered after we filed for divorce) she speaks adequate english and has already maintained employment on her own. 

So none of that applies to my case I would wager. 

I just want to know how seamless it would be for me to remove my sponsorship of her, especially since I have screenshots proving she cheated on me, via her correspondence with multiple guys on social media and on her main line.    

then your NY attorney should tell you that in NYS you must be legally separated a year before court will hear your case for divorce 

[NDL2022 42]

17 minutes ago, Rocio0010 said:

You are mixing pears and apples. No offense, but that's how you learn.

The reason of why you divorced doesn't really matter for the I-864. That's completely irrelevant. That's not what the I-864 is for.

After the divorce is finalized, she will have to file for a solo 751. That's her problem. She will have to prove that the marriage was entered in good faith. They might or might not red flag her case. But again, this is completely irrelevant for the I-864 and it doesn't excuse you from fulfiling your obligations should the government come after you (that doesn't happen frequently).

 

You are still the main sponsor for the I-864. What you had was a joint sponsor to help you meet the requirements.

Okay I understand now. 

Just a hypothetical question, can she get another primary sponsor?

Let’s say she remarries or let’s say she merely finds another sponsor, friend, associate, employer, etc., would that then definitively relieve me of any responsibility as the current primary sponsor?  

[NDL2022 42]

24 minutes ago, Rocio0010 said:

You are mixing pears and apples. No offense, but that's how you learn.

The reason of why you divorced doesn't really matter for the I-864. That's completely irrelevant. That's not what the I-864 is for.

After the divorce is finalized, she will have to file for a solo 751. That's her problem. She will have to prove that the marriage was entered in good faith. They might or might not red flag her case. But again, this is completely irrelevant for the I-864 and it doesn't excuse you from fulfiling your obligations should the government come after you (that doesn't happen frequently).

 

You are still the main sponsor for the I-864. What you had was a joint sponsor to help you meet the requirements.

Okay I get it now. 

As a hypothetical question, however, can she get another primary sponsor?

Let’s say she finds another sponsor, would that then fully relieve me of any financial liabilities as the current primary sponsor?  

[Rocio0010 5,579]

12 minutes ago, NDL2022 said:

Okay I understand now. 

Just a hypothetical question, can she get another primary sponsor?

Let’s say she remarries or let’s say she merely finds another sponsor, friend, associate, employer, etc., would that then definitively relieve me of any responsibility as the current primary sponsor?  

No. She is already a resident, so she shouldn't need to get another sponsor. That's why you were her sponsor in the beginning, because she adjusted her status after whatever visa she used to enter the country.

 

She can marry another USC, but that doesn't mean she will have to adjust her status again. She's already a resident, amidst a conditional one. That's why she'll have to file a 751 solo, prove that the marriage was entered in good faith, and submit a divorce decree.

 

Your best bet is that she applies for citizenship in 2027, or works 10 quarters. If she were still married to you, she'd be able to apply in 2025 based on the three year rule, but because she's divorced she'll have to wait until 2027 to apply for the N400

[mam521 2,056]

Not what you want to hear, but you ARE financially responsible for your (soon to be ex) wife, irrespective of the breakdown of your marriage.  It's essentially the fine print on one reads or the terms and conditions everyone scrolls down and clicks "agree" to.  Until she naturalizes or works 40 quarters, when it comes to government interaction (her becoming a ward of the state),  you are responsible.  This is the agreement you made with the government when you sponsored her.  

 

Now, how your marital assets are addressed is an entirely different ball game because that's settled in your state court between you and her.  It has nothing to do with the government.  

 

As for her immigration journey, as others have said, she's now free to run her own race.  She can remove conditions on her 2yr green card once she has the divorce decree in hand.  Her infidelity is unlikely to play into it at all as long as she can prove she moved to the US after marrying you and entered the relationship in good faith.  Relationships break down all of the time, so "probation"  and "best behavior" aren't a factor in the way you want them to be a factor.  

 

Hopefully you'll read the fine print from now on.  Apologies for a less than ideal situation and good luck. 

[Boiler 45,442]

You need your own Lawyer

[Loren Y 2,755]

Thousands of people go thru this same thing daily I bet. No one worries about this as much as you seem to be. As others have said, it is extremely rare to see an I864 enforced. Until the day comes that you get the subpoena in hand to show up and defend yourself against the federal government, I wouldn't worry about it, water under the bridge, just move on and it's not your problem anymore. Make sure you get a copy of the final divorce for your records is the only important thing.

[Dashinka 24,479]

1 hour ago, Rocio0010 said:

No. She is already a resident, so she shouldn't need to get another sponsor. That's why you were her sponsor in the beginning, because she adjusted her status after whatever visa she used to enter the country.

 

She can marry another USC, but that doesn't mean she will have to adjust her status again. She's already a resident, amidst a conditional one. That's why she'll have to file a 751 solo, prove that the marriage was entered in good faith, and submit a divorce decree.

 

Your best bet is that she applies for citizenship in 2027, or works 10 quarters. If she were still married to you, she'd be able to apply in 2025 based on the three year rule, but because she's divorced she'll have to wait until 2027 to apply for the N400

40 quarters.

[Rocio0010 5,579]

5 minutes ago, Dashinka said:

40 quarters.

Even worse!

[NDL2022 42]

3 minutes ago, Loren Y said:

Thousands of people go thru this same thing daily I bet. No one worries about this as much as you seem to be. As others have said, it is extremely rare to see an I864 enforced. Until the day comes that you get the subpoena in hand to show up and defend yourself against the federal government, I wouldn't worry about it, water under the bridge, just move on and it's not your problem anymore. Make sure you get a copy of the final divorce for your records is the only important thing.

Okay. 

Yeah, I should receive that in June/July. 

I just want to make sure my bases are covered, I have a child with another woman, and in case I want to start another family down the road, I don’t want this to be a problem. 

She’s a hard worker, so I don’t believe she would ever be a ward of the state, i.e., on welfare, government assistance, etc., but I also believed her when she said she never cheats. 

That’s what scares me. 

But she has always held multiple jobs, even before she received her work authorization, so I hope she continues working. 

Also she has two apartments back in Georgia that she claims is primarily to help support her retired parents. 

So she’s not destitute. 
 

Her jobs are medial labor jobs though, but she has more than one, always. Nanny, cafe worker, restaurant bar worker, she has her HHA certificate, her food prep and handling cert, etc. She’s college educated, although a useless “art knowledge” degree from Georgia, and she speaks passable english. 

But she’s going to be 41 in January. 

I Don’t know. 

 

In ten years she’ll be 51. 

Time will tell. 

 

But thanks all, I appreciate the information and education.

If there’s anything else I should know, please feel free to post. 

 

[NDL2022 42]

4 minutes ago, Rocio0010 said:

Even worse!

Yeah, you meant 10 years. 

 

10 years, or 40 quarters, i.e., 4 quarters per year. 

[NDL2022 42]

19 minutes ago, Loren Y said:

Thousands of people go thru this same thing daily I bet. No one worries about this as much as you seem to be. As others have said, it is extremely rare to see an I864 enforced. Until the day comes that you get the subpoena in hand to show up and defend yourself against the federal government, I wouldn't worry about it, water under the bridge, just move on and it's not your problem anymore. Make sure you get a copy of the final divorce for your records is the only important thing.

…oh yeah, I also need the final divorce papers to get her off my benefits package from my job. 

I was such a fool to marry this woman. But we were dating, things were going well, and she cried in front of me saying she wanted to see her parents in Georgia, and about how she nursed her father back to health after he suffered a stroke. The whole nine yards, and I fell for everything. 
 

It was a real marriage, but it was definitely rushed. At the time also, I wasn’t exactly the marriage type either. But I got caught up in the “mission,” of getting her home. 


Live and learn. 

[powerpuff 6,677]

10 minutes ago, NDL2022 said:

…oh yeah, I also need the final divorce papers to get her off my benefits package from my job. 

I was such a fool to marry this woman. But we were dating, things were going well, and she cried in front of me saying she wanted to see her parents in Georgia, and about how she nursed her father back to health after he suffered a stroke. The whole nine yards, and I fell for everything. 
 

It was a real marriage, but it was definitely rushed. At the time also, I wasn’t exactly the marriage type either. But I got caught up in the “mission,” of getting her home. 


Live and learn. 

I’m really sorry it turned out  that way… I wish you strength going through this.