Is my situation worth trying to withdraw sponsorship?

[JoshintheDesert 11]

10 minutes ago, Lemonslice said:

1. Not hindering her path to citizenship (more than divorcing her) might be the quickest/easiest way to be free from the affidavit of support.  Maybe not applicable depending on work quarters already accumulated, but something to consider. 

Thanks for weighing in! I've thought of offering this to her. Something like a gentleman's agreement saying "hey I'll help you process your citizenship if you agree to not fight me in anyway in the divorce and let me move on afterwards" But I think that given how untrustworthy she has already proven to be, there's nothing stopping her from accepting my help then screwing me later on. Whether I involve USCIS it seems best to just get on with the divorce and move on.

[OldUser 6,660]

2 minutes ago, JoshintheDesert said:

Thanks for weighing in! I've thought of offering this to her. Something like a gentleman's agreement saying "hey I'll help you process your citizenship if you agree to not fight me in anyway in the divorce and let me move on afterwards" 

Do not think of doing this. This is considered immigration fraud.

[JoshintheDesert 11]

14 minutes ago, OldUser said:

If she's desperate, she could interact and provoke you, then use it to support her I-751. Do not interact under any circumstances. Use the lawyer to communicate throughout divorce. Good luck!

Well I already avoid/ignore her and have not seen her since the day she willingly walked out my front door. There's no reason for me to do anything different now. And yes once the divorce is going I'll make sure to direct all contact through lawyer. Thank you! 

[JoshintheDesert 11]

1 minute ago, OldUser said:

Do not think of doing this. This is considered immigration fraud.

Wow I guess I really have no other recourse than just going through with the divorce. Thanks for the heads up. 

[OldUser 6,660]

1 minute ago, JoshintheDesert said:

Wow I guess I really have no other recourse than just going through with the divorce. Thanks for the heads up. 

Same as you would divorcing an American lady.

[Lemonslice 4,841]

1 hour ago, JoshintheDesert said:

Thanks for weighing in! I've thought of offering this to her. Something like a gentleman's agreement saying "hey I'll help you process your citizenship if you agree to not fight me in anyway in the divorce and let me move on afterwards" But I think that given how untrustworthy she has already proven to be, there's nothing stopping her from accepting my help then screwing me later on. Whether I involve USCIS it seems best to just get on with the divorce and move on.

You don't need to help her, that is not what I wrote .  Do not make any kind of "deal".  Just divorce her, and protect yourself. 

[JoshintheDesert 11]

14 minutes ago, Lemonslice said:

You don't need to help her, that is not what I wrote .  Do not make any kind of "deal".  Just divorce her, and protect yourself. 

Yep, I hear you. That seems to be the best route forward. 

 

[SalishSea 17,829]

8 hours ago, JoshintheDesert said:

First things first, my green card (2 year conditional at the moment) holding wife cheated on me repeatedly and we are now separated. I am not "one of those guys" trying to be spiteful by attempting to get her deported. I've read through the threads here and understand that cheating alone is not grounds for me to remove my sponsorship of her. I have seen that the advice in most cases is just divorce and move on. What I would like to know is if written evidence (data dump from a social media app) where my wife said "I'm only staying with him until I'm a citizen and as soon as I get my citizenship I can leave so we can be together openly" is enough to say she did not enter the marriage in good faith/committed immigration fraud? Though she did not meet the other guy until a few years into our marriage, is this enough for USCIS to prove that she was secretly looking for another option from day one? Im am wondering if it is worth me sending a letter to USCIS to withdraw my sponsorship of her. Here's a brief overview of where things stand:

 

1. We married in 2/2020

2. She met the other guy and started affair in 4/2023 

3. Filed for removal of conditions on her 2 year green card in  9/2023

4. We have been separated since 1/2024

 

I needed time to let the dust settle and comprehend all that happened and decide how to move forward. Should I send USCIS the letter and see what happens? Or should I not waste the time and just move on straight to filing divorce? Thank you all in advance for any advice you can offer. 

What about all the evidence you initially sent for her GC?  Don't you worry about the fact that you both attested to the marriage as being real?

[SalishSea 17,829]

2 hours ago, JoshintheDesert said:

Thanks for weighing in! I've thought of offering this to her. Something like a gentleman's agreement saying "hey I'll help you process your citizenship if you agree to not fight me in anyway in the divorce and let me move on afterwards" But I think that given how untrustworthy she has already proven to be, there's nothing stopping her from accepting my help then screwing me later on. Whether I involve USCIS it seems best to just get on with the divorce and move on.

You're still on the hook for the I-864 that you signed.

[SalishSea 17,829]

5 hours ago, JoshintheDesert said:

Thank you again for your input. I will get the ball rolling on divorce. The only reason why I've been waiting is my assumption that her already being held liable for marriage fraud/deported would make the divorce process go smooth/easy and pretty much impossible for her to fight me for assets. 

I think you're missing some very basic information about no-fault divorce and immigration law.  You need to do some reading and get legal help.

 

One thing to keep in mind if you go full-on down the "marriage fraud" route is that YOU were party to all of the info submitted as evidence of a bonafide marriage.  Hopefully your plans do not backfire on you.

[JoshintheDesert 11]

47 minutes ago, SalishSea said:

What about all the evidence you initially sent for her GC?  Don't you worry about the fact that you both attested to the marriage as being real?

Thanks for commenting! And I really don't know, as far as I was concerned everything was real. But I guess it's up to USCIS to determine whether her intentions were bad from the start? Or they may say "Hey based on what we had at the time of your marriage we had no reason to believe anything was off, this is just a case of someone going astray". Though I do think the fact that she said in writing "I am only with him until I get citizship and once I have that we can run away and be together openly" warrants a second look at the whole thing. 

[JoshintheDesert 11]

51 minutes ago, SalishSea said:

You're still on the hook for the I-864 that you signed.

Yes I know, but she is employed and makes enough money to be on her own. She is well above the poverty limit, plus I paid everything while we were together so when she left she had over $20k in the bank. There is no reason she should become a public charge over the next 5 years that are left on my I-864. 

[JoshintheDesert 11]

50 minutes ago, SalishSea said:

I think you're missing some very basic information about no-fault divorce and immigration law.  You need to do some reading and get legal help.

 

One thing to keep in mind if you go full-on down the "marriage fraud" route is that YOU were party to all of the info submitted as evidence of a bonafide marriage.  Hopefully your plans do not backfire on you.

I understand we submitted a lot of information demonstrating the marriage was real, and for my part it was. The question I have is whether her saying "Hey I'm only with this guy until I get citizenship out of him and then I'm out" constitutes fraud on her part in the eyes of USCIS. All the doc/photos evidence etc I submitted were real, and I had no way of knowing she was going to do all this. As for no fault divorce, I understand cheating plays no role in the divorce process. What I do assume though is if she has been deported (And I don't even know if that is really a possibility) when I file divorce should would not be around to contest thus making for a quick and easy divorce. Though what I have gathered so far suggests the best thing to do is file divorce ASAP, and inform USCIS of what happened. Based on what evidence I can provide I guess they'll decide if they want to act.  

[OldUser 6,660]

4 minutes ago, JoshintheDesert said:

I understand we submitted a lot of information demonstrating the marriage was real, and for my part it was. The question I have is whether her saying "Hey I'm only with this guy until I get citizenship out of him and then I'm out" constitutes fraud on her part in the eyes of USCIS. All the doc/photos evidence etc I submitted were real, and I had no way of knowing she was going to do all this. As for no fault divorce, I understand cheating plays no role in the divorce process. What I do assume though is if she has been deported (And I don't even know if that is really a possibility) when I file divorce should would not be around to contest thus making for a quick and easy divorce. Though what I have gathered so far suggests the best thing to do is file divorce ASAP, and inform USCIS of what happened. Based on what evidence I can provide I guess they'll decide if they want to act.  

Even if she gets eventually deported it may take many years for this to happen. Divorce and move on.

[Lemonslice 4,841]

51 minutes ago, JoshintheDesert said:

Yes I know, but she is employed and makes enough money to be on her own. She is well above the poverty limit, plus I paid everything while we were together so when she left she had over $20k in the bank. There is no reason she should become a public charge over the next 5 years that are left on my I-864. 

There's no time limit in years for the affidavit of support.  She might be approaching 40 qualifying quarters, you would have to calculate those.

 

"How Long Does My Obligation as a Sponsor Continue?

Your obligation to support the immigrants you are sponsoring in this Affidavit of Support will continue until the sponsored

immigrant becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work in the United States.
Although 40 qualifying quarters of work (credits) generally equates to 10 years of work, in certain cases the work of a spouse or parent adds qualifying quarters. The Social Security Administration can provide information on how to count
qualifying quarters (credits) of work.

 

The obligation also ends if you or the sponsored immigrant dies or if the sponsored immigrant ceases to be a lawful permanent resident. Divorce does not end the sponsorship obligation."

Source: https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf

Edited September 4 by Lemonslice