Putting things ON HOLD??

[tito 1]

I realize that everyone is ANXIOUS to get the permanent resident status, and many questions concern that. BUT...what about where the tarnish of paradise keeps rearing its ugly head such that things might not work out as planned while the I-485 is pending, and while the sponsor would otherwise be on the hook for financial responsibility for what appears to be a long time once the green card is issued?

Is there a way to have the immigration service HOLD THE FILE IN ABEYANCE, and DELAY final processing of the application?

We filed in early February, and they're likely coming upon the final processing of the I-485 within the next few weeks. We had the interview...everything checks out OK. But...some potentially irrevocable problems have arisen and immigrant might want to stay in the US regardless. That won't work for the US citizen who has given so much up and paid out so much for the immigrant to be here for them to split while keeping the citizen on the hook. So, in this matter, time is needed to verify the situation.

I would imagine that one option is simply to WITHDRAW the application entirely, and/or the Financial Support Declaration. But...that would totally close the door on the prospective immigrant, and they'd be subject to removal and make them illegal aliens. That's permanent and very drastic, and even if we wanted to start over again, it would make it highly unlikely that the application would be approved regardless of circumstances.

Another question is...once the green card (via I-485 application) is approved, is there a way to get out from under the financial responsibility aspect? Does not appear to be...but what's the scoop there in the event the citizen can't shake the prospective immigrant?

So - short of pulling the plug entirely, will the immigration service put a 30, 60, 90 day hold on the application upon reasonable request so that the citizen can check into it? Or would the application have to be filed anew and start from scratch?

Any comments appreciated.

Edited August 14, 2007 by tito

[spidergirl 0]

I realize that everyone is ANXIOUS to get the permanent resident status, and many questions concern that. BUT...what about where the tarnish of paradise keeps rearing its ugly head such that things might not work out as planned while the I-485 is pending, and while the sponsor would otherwise be on the hook for financial responsibility for what appears to be a long time once the green card is issued?

Is there a way to have the immigration service HOLD THE FILE IN ABEYANCE, and DELAY final processing of the application?

We filed in early February, and they're likely coming upon the final processing of the I-485 within the next few weeks. We had the interview...everything checks out OK. But...some potentially irrevocable problems have arisen and immigrant might want to stay in the US regardless. That won't work for the US citizen who has given so much up and paid out so much for the immigrant to be here for them to split while keeping the citizen on the hook. So, in this matter, time is needed to verify the situation.

I would imagine that one option is simply to WITHDRAW the application entirely, and/or the Financial Support Declaration. But...that would totally close the door on the prospective immigrant, and they'd be subject to removal and make them illegal aliens. That's permanent and very drastic, and even if we wanted to start over again, it would make it highly unlikely that the application would be approved regardless of circumstances.

Another question is...once the green card (via I-485 application) is approved, is there a way to get out from under the financial responsibility aspect? Does not appear to be...but what's the scoop there in the event the citizen can't shake the prospective immigrant?

So - short of pulling the plug entirely, will the immigration service put a 30, 60, 90 day hold on the application upon reasonable request so that the citizen can check into it? Or would the application have to be filed anew and start from scratch?

Any comments appreciated.

Im sorry but i dont know how to answer your questions, i suggest that you consult an immigration lawyer or call the USCIS

[rika60607 215]

I don't know for sure, but I suspect that you can not hold AOS paperwork. But then, doesn't it take forever? And can't you call and cancel anytime while it takes forever?

On the other hand, if your spouse is Cuban, even if you bolt out of AOS, your spouse can obtain a greencard by him/herself. Try looking into that, as I am not Cuban, I don't know much, but I heard they can apply for GC after living in US for 1 year no matter how they got into US (even illegally). I also doubt that a Cuban would get deported back home, even if you cancel AOS.

I really don't think "the hook" is worth the worry. It would only cause you trouble if your ex-spouse did not work and attempted to live on welfare, no?

You probably know your spouse well enough to decide if that is a possible future for them. For most people it isn't.

[no name 1]

I don't know for sure, but I suspect that you can not hold AOS paperwork. But then, doesn't it take forever? And can't you call and cancel anytime while it takes forever?

On the other hand, if your spouse is Cuban, even if you bolt out of AOS, your spouse can obtain a greencard by him/herself. Try looking into that, as I am not Cuban,I don't know much, but I heard they can apply for GC after living in US for 1 year no matter how they got into US (even illegally). I also doubt that a Cuban would get deported back home, even if you cancel AOS.

I really don't think "the hook" is worth the worry. It would only cause you trouble if your ex-spouse did not work and attempted to live on welfare, no?

If you do not know the answer, please do not speculate. This post is full of guesses & not one fact.

Edited August 14, 2007 by devilette

[John & Annie 0]

I don't know for sure, but I suspect that you can not hold AOS paperwork. But then, doesn't it take forever? And can't you call and cancel anytime while it takes forever?

On the other hand, if your spouse is Cuban, even if you bolt out of AOS, your spouse can obtain a greencard by him/herself. Try looking into that, as I am not Cuban,I don't know much, but I heard they can apply for GC after living in US for 1 year no matter how they got into US (even illegally). I also doubt that a Cuban would get deported back home, even if you cancel AOS.

I really don't think "the hook" is worth the worry. It would only cause you trouble if your ex-spouse did not work and attempted to live on welfare, no?

If you do not know the answer, please do not speculate. This post is full of guesses & not one fact.

Thank you Divilette.

To the OP, The bottom line is that if the marriage is fraudulent, it is fraudulent. you have several options.

The best of which is to contact a lawyer, both for immigration and divorce

That being said, Cuba is a place where a lot of refugees and asylum seekers come from. There are special immigration laws for these categories. Being that his is a family based immigration website, i doubt you will get any advice here for that.

As for the family based, this is a good place to be.

Edited August 14, 2007 by John & Annie

[rika60607 215]

Okay, I know the answers.

They are what I said they are.

However, I do not wish responsibility for any actions OP might base on my advise. I do not want him/her to make an uninformed or underinformed decision. Hence I gently point him/her towards directions worth exploring.

As for getting a lawyer - great advise. How did I (or OP) did not come up with that idea?

Rika

I don't know for sure, but I suspect that you can not hold AOS paperwork. But then, doesn't it take forever? And can't you call and cancel anytime while it takes forever?

On the other hand, if your spouse is Cuban, even if you bolt out of AOS, your spouse can obtain a greencard by him/herself. Try looking into that, as I am not Cuban,I don't know much, but I heard they can apply for GC after living in US for 1 year no matter how they got into US (even illegally). I also doubt that a Cuban would get deported back home, even if you cancel AOS.

I really don't think "the hook" is worth the worry. It would only cause you trouble if your ex-spouse did not work and attempted to live on welfare, no?

If you do not know the answer, please do not speculate. This post is full of guesses & not one fact.

[rika60607 215]

Where does the assumption come from that the marriage is fraudulent? Did I miss something?

How is getting a divorce lawyer ever helped a relationship?

Hmmm... lots to think about.

To the OP, The bottom line is that if the marriage is fraudulent, it is fraudulent. you have several options.

[Yodrak 7]

tito,

The USCIS does not care if your marriage succeeds or founders, they care if it was bona fide at the time it took place. If you are having 2nd thoughts about it now that is your problem.

If you were to request that a decision on the application be put on hold until you sort out your marital problems it may cause the USCIS to take another look at the case and possibly deny the application on the basis that it was not bona fide (assuming that as it is they are intending to approve the application). Do you know why approval was not granted at the conclusion of the interview?

Once the application is approved there are only 6 ways for the I-864 obligation to be ended.

- she dies

- you die

- she leaves the USA and abandons her LPR status

- she accumulates 40 qualifying quarters of employment

- she becomes a US citizen

- she becomes subject to removal and in the removal procedings obtains a new grant of LPR status based on a new affidavit of support, if required.

Yodrak

I realize that everyone is ANXIOUS to get the permanent resident status, and many questions concern that. BUT...what about where the tarnish of paradise keeps rearing its ugly head such that things might not work out as planned while the I-485 is pending, and while the sponsor would otherwise be on the hook for financial responsibility for what appears to be a long time once the green card is issued?

Is there a way to have the immigration service HOLD THE FILE IN ABEYANCE, and DELAY final processing of the application?

We filed in early February, and they're likely coming upon the final processing of the I-485 within the next few weeks. We had the interview...everything checks out OK. But...some potentially irrevocable problems have arisen and immigrant might want to stay in the US regardless. That won't work for the US citizen who has given so much up and paid out so much for the immigrant to be here for them to split while keeping the citizen on the hook. So, in this matter, time is needed to verify the situation.

I would imagine that one option is simply to WITHDRAW the application entirely, and/or the Financial Support Declaration. But...that would totally close the door on the prospective immigrant, and they'd be subject to removal and make them illegal aliens. That's permanent and very drastic, and even if we wanted to start over again, it would make it highly unlikely that the application would be approved regardless of circumstances.

Another question is...once the green card (via I-485 application) is approved, is there a way to get out from under the financial responsibility aspect? Does not appear to be...but what's the scoop there in the event the citizen can't shake the prospective immigrant?

So - short of pulling the plug entirely, will the immigration service put a 30, 60, 90 day hold on the application upon reasonable request so that the citizen can check into it? Or would the application have to be filed anew and start from scratch?

Any comments appreciated.

[tito 1]

Thanks for the input.

As to why they didn't issue the green card at or after the interview...I don't know. The interviewer said that there was a backlog of name searches and that they were still doing a security check or something. The interview was way back on May 21. The processing time information for the servicing center says it's now processing applications through January 13, 2007. The date for ours is February 11, 2007. So...timing is critical as I look into a few things. I was hoping someone might have had some experience where they can request that the file be held in abeyance, that they make a supplemental declaration about financial responsibility, something to cause a delay rather than having to start over so that I can have time to address the concerns before going off and doing whatever else I need to do.

If things check out as I hope they do (some undisclosed information and circumstances that have recently caught me by total surprise - yeah it's my problem!), I don't want to have tossed out the baby with the bathwater, so to speak. But if not, I don't want to be stuck on the hook and get hosed that way...I'd rather pull the plug on the pending application and move on...let the proposed immigrant deal with her own immigration application. Goal is to be cautious not hasty in any respect.

Edited August 14, 2007 by tito

[Miranda&James 8]

Thanks for the input.

As to why they didn't issue the green card at or after the interview...I don't know. The interviewer said that there was a backlog of name searches and that they were still doing a security check or something. The interview was way back on May 21. The processing time information for the servicing center says it's now processing applications through January 13, 2007. The date for ours is February 11, 2007. So...timing is critical as I look into a few things. I was hoping someone might have had some experience where they can request that the file be held in abeyance, that they make a supplemental declaration about financial responsibility, something to cause a delay rather than having to start over so that I can have time to address the concerns before going off and doing whatever else I need to do.

If things check out as I hope they do (some undisclosed information and circumstances that have recently caught me by total surprise - yeah it's my problem!), I don't want to have tossed out the baby with the bathwater, so to speak. But if not, I don't want to be stuck on the hook and get hosed that way...I'd rather pull the plug on the pending application and move on...let the proposed immigrant deal with her own immigration application. Goal is to be cautious not hasty in any respect.

Service center processing times do not apply to your case if you are in FBI namechecks. Unfortunately namechecks have no timeline, they can take weeks, months, or years, and there are very few things that can be done to speed it up/find out how long it will take (aka they'll take as long as they want to be sure you aren't a terrorist). If the greencard is issued before you do anything to stop the case (I have no idea if you can pause a case, I have never heard of it) you are obligated by the I-864 except under the terms Yodrak posted. It is a legally binding contract with the assumption you have checked everything out before you sign it. You could try making an Infopass appointment to find out what options are available, but I agree with Yodrak in that they make wonder why you would want to pause it and may see it as a reason for denial.

[Yodrak 7]

tito,

That's perhaps the most common reason for not approving the application to adjust at the conclusion of the interview - a clean FBI report is required. If nothing else was said you can expect the application to be approved soon after the FBI report is received.

As I wrote previously, telling the USCIS at this point that you would like the approval to be held up for a while may well result in the case being reviewed again. If you don't want to risk denial you might be best off trying to resolve your issues while the FBI checks are still in progress. (Most people dislike the delay that the FBI checks sometimes create, but perhaps the delay is to be welcomed in your case.)

Yodrak

Thanks for the input.

As to why they didn't issue the green card at or after the interview...I don't know. The interviewer said that there was a backlog of name searches and that they were still doing a security check or something. .....