Withdraw sponsorship of unfaithful 2 year green card holder?

[Rocio0010 5,579]

1 hour ago, NDL2022 said:

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

Yep, from now on, anytime you sign an official document, read the small print and research about the implications. 
And also, when someone gives you a true and honest answer, even if you don’t like it, don’t assume they are trolls. Frequently in immigration you receive answers you don’t like. 

[SalishSea 17,801]

5 hours ago, NDL2022 said:

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?  

You have so many wacky and incorrect ideas, it’s mind boggling.

 

The only burden of proof she has for the divorce waiver is that the marriage was entered into in good faith, something that will already have been demonstrated to USCIS previously.

 

You sound bitter that you failed to read and comprehend the I-864 before signing it.

 

Cut your losses and move on.

[Carpe Vinum 2,327]

Hopefully your wife will pass through the site so she can get some advice as well.

[Lil bear 4,181]

6 hours 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?  

Ummm.  Nope 

[Crazy Cat 41,804]

5 hours ago, NDL2022 said:

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

You provided a LOT of evidence proving the relationship and marriage are legit.  My advice:  Protect yourself with a good divorce attorney, let go, move on, and seek happiness for yourself.  The I-864 remain in effect.  Good luck.

 

P.S. It is to your advantage that she becomes US citizen as soon as possible.

Edited November 29, 2022 by Crazy Cat

[nastra30 2,284]

Op, you are on hook for the I-864 affidavit of support even in divorce. I think you should be hoping 5 years comes soon enough so that she can naturalize (that is if she chooses to). And then you will no longer be on hook.

Edited November 29, 2022 by nastra30

[NDL2022 42]

Actually she may agree to sign an affidavit for us not to disparage each other during her remaining USCIS journey. 
So in other words, she won’t subject me to VAWA accusations.  
The divorce is pretty much set, but now it will take 12-15 months to finalize, according to her, from her lawyer(s). 
My only concern now, is that, in the affidavit that she might sign, if I should include sponsorship protections, along the lines of, she committing to never go on welfare or public assistance? 
Which I’m certain she can abide by. 

However, my only concern would be if she goes on NY Healthcare for low income individuals. 

Would the government come after me, the primary sponsor, if she goes on NY healthcare for low wage earners? 

Edited November 29, 2022 by NDL2022

[Rocio0010 5,579]

7 minutes ago, NDL2022 said:

So in other words, she won’t subject me to VAWA accusations.

Does she have a valid reason to file for VAWA? 

 

7 minutes ago, NDL2022 said:

Would the government come after me, the primary sponsor, if she goes on NY healthcare for low wage earners? 

Is that a means- tested benefit?

[GEOntificator 281]

15 hours ago, NDL2022 said:

So I had leverage over my wife from Gerogia compelling her to pay for our divorce, after I collected screenshots from her two phones showing that she cheated on me. 

She has already received her two year conditional greencard and work authorization and SS # from around August-October, 2022. 

I kicked her out of my apartment, she’s never been on the lease and is not on the lease, but she would receive mail here since we’ve been married since August 2021. I’ve since demanded that she change her mailing address, I don’t know if she has. There’s still mail coming here for her as of 11/28/2022, we filed for divorce 11/14/2022.

So how can I redraw my sponsorship of her without being held liable?

I’m in NYC by the way, and according to the divorce attorney, the divorce will be final in June or July 2023.
Also her belongings are still in the apartment, she only took what she could carry when I kicked her out on 11/13/2022. 

many have been in your situation. Cheating does not mean immigration fraud. A few things below...

 

1) it is in your best interest that she is financially stable so you don't get sued over I-864 or alimony

2) it is in your best interest that she becomes a citizen so you are off the hook for I-864

3) You are salty now. Take the high road, get divorced amicably and seek happiness. Let her handle the immigration stuff.

4) You already provided a boat load of evidence of the good faith marriage. You can't change the narrative unless you have evidence where she admits to marrying you for immigration purposes. Even then you will have a tough road proving it.

[Crazy Cat 41,804]

9 minutes ago, NDL2022 said:

Actually she may agree to sign an affidavit for us not to disparage each other during her remaining USCIS journey. 

Why would she sign something like that?  You have no immigration leverage.

[Rocio0010 5,579]

11 minutes ago, NDL2022 said:

Actually she may agree to sign an affidavit for us not to disparage each other during her remaining USCIS journey. 

What exactly is this? Please expand

[Crazy Cat 41,804]

16 minutes ago, NDL2022 said:

My only concern now, is that, in the affidavit that she might sign, if I should include sponsorship protections, along the lines of, she committing to never go on welfare or public assistance?

Why would she sign something like that?  What affidavit?  It is not a legally binding contract.  Personally, I think you're trying get guarantees which would not benefit her in signing.  

Edited November 30, 2022 by Crazy Cat

[TBoneTX 45,244]

1 hour ago, Crazy Cat said:

Protect yourself with a good divorce attorney, let go, move on, and seek happiness for yourself.

OP, do this.  ^^^

The immigration advice that people can give you has been given.

[OldUser 6,602]

5 minutes ago, Crazy Cat said:

Why would she sign something like that?  What affidavit?  It is not a legally binding contract.

Agreed, I don't think any of these papers would have any weight even if she decides to go WAVA route. I just hope she doesn't get intimidated by the OP. She may have been unfaithful, but it's becoming evident the OP is the one who could have been controlling / abusive...

Edited November 30, 2022 by OldUser

[NDL2022 42]

10 minutes ago, Rocio0010 said:

Does she have a valid reason to file for VAWA? 

 

Is that a means- tested benefit?

No. 

But the day I kicked her out, after confronting her about her cheating, and after I gathered the screenshots from her phone, she refused to leave and was deny her cheating.
She’s an extremely stubborn and unwavering person, and she customarily would never listen to me, so at one point to compel her to leave I broke a mirror with a baseball bat and I pushed her, all of which she recorded, all the while repeating for her to leave and her refusing. 
Until she finally did. 
So the video is useless to her, by her own estimation, cause it shows her refusing to leave. 
Also, she had numerous health screenings for her HHA certification and for USCIS purposes and she was always healthy and with no signs of abuse.
I just know that she’s a documented liar now, and I don’t trust her at all. 
She still maintains she didn’t cheat and that I should hear her side of things. This, in the face of overwhelming evidence to the contrary from two of her phones. 
So yes, I worry about worst case scenarios of a demonstrated desperate person doing desperate things, at all costs and at the disparagement of anyone.