Is my situation worth trying to withdraw sponsorship?

[Carpe Vinum 2,327]

4 hours 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. 

Bingo...

[JoshintheDesert 11]

1 hour ago, OldUser said:

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

Yes, more and more this seems to be the best thing to do. I guess I have my answer whether it is worth trying to tell USCIS what happened. 

[JoshintheDesert 11]

1 hour ago, Lemonslice said:

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

She has 5 more years/20 quarters to hit that mark, that is what I was getting at. Though I think she may be able to become a citizen faster than that...

Edited September 4 by JoshintheDesert

[Dashinka 24,487]

6 hours 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. 

This is a great thought.  To the OP, let her naturalize and that ends your I864 obligation.

34 minutes ago, JoshintheDesert said:

She has 5 more years/20 quarters to hit that mark, that is what I was getting at. Though I think she may be able to become a citizen faster than that...

Although if she naturalizes in 2 more years the I864 is no longer an issue.

[Dashinka 24,487]

6 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.

No, this is not the right course.  The right course is to divorce her ASAP, but remain on decent terms and encourage her to naturalize on her own under the five year rule.  This ends your immigration obligation.

[carmel34 3,621]

Your first priority should be to get a very experienced divorce attorney and file the divorce petition ASAP.  She could use the I-864 that you signed in the divorce process, to not only get half of your assets and burden you with half of her debt, but also to get monthly alimony from you, maybe for years.  Forget about ICE/USCIS, and use your time/money to divorce her and to minimize your financial losses.

Edited September 4 by carmel34

[TexasRafael 134]

If you said you do not want to be spiteful, then just get divorce and move on.  

[Bob in Boston 701]

14 hours ago, JoshintheDesert said:

whether her saying "Hey I'm only with this guy until I get itizenship out of him and then I'm out" constitutes fraud on her part in the eyes of USCIS

People do change their minds after being with someone for a while. If it was real in the begining and she grew tired of you its not fraud, just making the best of a bad situation. I hung in there till they changed the alimoney laws here in Mass. Same difference. Just stay away from her. A lot of women are coached to press DV charges to get a better deal.

[JoshintheDesert 11]

2 hours ago, Bob in Boston said:

People do change their minds after being with someone for a while. If it was real in the begining and she grew tired of you its not fraud, just making the best of a bad situation. I hung in there till they changed the alimoney laws here in Mass. Same difference. Just stay away from her. A lot of women are coached to press DV charges to get a better deal.

Yes, I do agree that a person can have good intentions in the beginning and stray later on. Me questioning her original intentions came from her admitting that she was only staying with me until her citizenship came through or that she wasn't worried about getting caught since "she knew how to handle me". Just doesn't seem like somebody who went into this with good intentions from day 1. All that said, based on the input I've gotten I'm not even going to bother letting USCIS know what happened. The best thing for me to do is minimize the damage from the divorce and heal/move on. 

[Cw1977 102]

2 hours ago, JoshintheDesert said:

Yes, I do agree that a person can have good intentions in the beginning and stray later on. Me questioning her original intentions came from her admitting that she was only staying with me until her citizenship came through or that she wasn't worried about getting caught since "she knew how to handle me". Just doesn't seem like somebody who went into this with good intentions from day 1. All that said, based on the input I've gotten I'm not even going to bother letting USCIS know what happened. The best thing for me to do is minimize the damage from the divorce and heal/move on. 

sensible decision. Well done