Stop I-751 Application?

[ChadR 0]

Can I stop an I-751 application as the petitioner? My spouse does not meet the conditions for a good faith marriage. He lied in our initial interview with USCIS, he cheated, had an ongoing affair, abandoned our home & marriage. I did not know about the affair when we completed the paperwork to remove conditions. He has not changed his address since leaving 10 months ago. I even have a text from him in which he states immigration doesn’t need to know anything about this. What steps can I take?

Edited 8 hours ago by ChadR

[Crazy Cat 42,711]

You can withdraw your cooperation before the I-751 is approved.  I would send a letter to both the service center and the local office if I wanted to withdraw.

 

Note:  This will not affect your obligations under the I-864.  

Edited 8 hours ago by Crazy Cat

[Ontarkie 14,643]

~~Moved to Effects of Major Family Changes, form ROC- As similar topics are discussed here.~~

[ChadR 0]

1 hour ago, Crazy Cat said:

You can withdraw your cooperation before the I-751 is approved.  I would send a letter to both the service center and the local office if I wanted to withdraw.

 

Note:  This will not affect your obligations under the I-864.  

What is the I-864? If I can show he has attempted to fraud the government, am I still bound to the obligations of the I-864? What type of evidence should I submit in the letter?

[Crazy Cat 42,711]

5 minutes ago, ChadR said:

What is the I-864? If I can show he has attempted to fraud the government, am I still bound to the obligations of the I-864? What type of evidence should I submit in the letter?

That might be much more difficult than you think.  Your spouse should be close to being able to file for citizenship.  Once he becomes a citizen, you are off the hook for the I-864.

Have you filed for divorce?

Edited 7 hours ago by Crazy Cat

[SalishSea 18,258]

1 hour ago, ChadR said:

What is the I-864? If I can show he has attempted to fraud the government, am I still bound to the obligations of the I-864? What type of evidence should I submit in the letter?

A document you signed.   It’s a contract between you and the US govt.  Like others are saying, it remains in effect despite divorce.

[ChadR 0]

Yes I have filed for divorce. 

[OldUser 8,101]

4 hours ago, ChadR said:

Can I stop an I-751 application as the petitioner? 

For I-751, the immigrant is the petitioner.

 

If you move, you'd file I-865 as sponsor indicating you moved...

 

If immigrant doesn't move with you, their address will be different when they file AR-11.

 

That will be one indicator the marriage isn't working

Edited 4 hours ago by OldUser

[Scandi 4,199]

Even without you, he can still go through with the i-751, change it  from a joint petition to a divorce waiver. You're still on the hook for the affidavit of support, either way. 

You can certainly notify USCIS about it, they may request that he comes in for an interview (spouses need to be there for these interviews if it's a joint petition).