Divorece, Deportation, and AOS 846 questions

[bb2801 0]

Hello,

A freind refered me to this sight. He said all my immigration questions can be answered here. Here goes:

My wife and I were married in Bogota Colombia over 2 years ago. She had her interview in the summer of 2008 and has enterd the country and has gotten her CR1 visa and green card. After having only been her 5 months she and her daughter has left and went to live many hours away from here. I am going to Bogota and will be filing for divorce. In the past 5 months I have called for the police to come here. She has done some terrible things to me. I really cant live with this women nor do I feel safe. Here are my questions

1.) Do I need to report this to USCIS? That we are divorcing.

2.) What are my continueing obligations under the Affidavit of Support towards her and my step daughter?

3.) How can I or my American attorney know and be present at her hearing to have conditions removed?

4.) What are my options?

Please help.

BB

[GueraKristina 1]

The only thing i am sure about is the affidavit of support. You are responcible for her, as part of the affidavit of support that you signed. Divorce does not remove that responcibility. Sounds like she used you to come to the U.S, so sorry to hear that. I would recommend reporting it to USCIS and the fact that she is abusing you? or w/e you mean by doing horrible things to you. I know it sounds bad, but there would be no way someone would use me and then get what he wants in the end out of it. I would try to make sure that she ends up back where she came from. Sorry i cant give more advice, hope some1 else can.

[Bobby+Umit 161]

Hello,

A freind refered me to this sight. He said all my immigration questions can be answered here. Here goes:

My wife and I were married in Bogota Colombia over 2 years ago. She had her interview in the summer of 2008 and has enterd the country and has gotten her CR1 visa and green card. After having only been her 5 months she and her daughter has left and went to live many hours away from here. I am going to Bogota and will be filing for divorce. In the past 5 months I have called for the police to come here. She has done some terrible things to me. I really cant live with this women nor do I feel safe. Here are my questions

1.) Do I need to report this to USCIS? That we are divorcing.

You can report it. She can, however, continue on to AOS herself.

2.) What are my continueing obligations under the Affidavit of Support towards her and my step daughter?

They are still in force. If she uses Federal, State or local means-tested public benefits, you can be sued by them to repay it.

You will be responsible until the sponsored immigrant becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work in the United States.

Also, if you die, or she dies, or ceases to be a lawful permanent resident and departs the United States.

3.) How can I or my American attorney know and be present at her hearing to have conditions removed?

You will receive the notice of the interview, so you can plan to go to the place. (unless she is sponsoring herself, then she would get the notice, and you would not).

4.) What are my options?

Contact USCIS for an infopass appointment, take your lawyer, and all the evidence showing how bad the marriage is. (your lawyer should know this)

If she is doing "horrible" things to you, I hope you called the police and made record of it, if you didn't, it's hearsay, and not applicable.

Please help.

BB

[lucyrich 20]

1st question: why are you going to Bogota to get divorced? Normally, a divorce is performed in the jurisdiction where the couple currently lives, regardless of the place where their wedding took place. Anyway, you may want to review this strategy with a family law attorney local to your current residence.

Regarding point 2, the I-864 affidavit of support does not terminate on divorce. It terminates only when one of the following things happens:

Sponsor dies

Immigrant dies

Immigrant becomes a US Citizen

Immigrant leaves the US permanently, ending LPR status

Immigrant earns 40 quarters of work for social security purposes.

While the affidavit of support is in force, you may be required to support the immigrant at 125% of the poverty guidelines.

See this article for more explanation: http://www.ilw.com/articles/2006,0110-wheeler.shtm

Your divorce attorney should be made aware of the affidavit of support and its obligations. You may want to point him toward that linked article. As explained in the linked article, there's at least some chance you might be held responsible for supporting your spouse via enforcement of the I-864 even if the divorce settlement had no alimony provision.

Regarding point three, there's generally no hearing to have conditions removed. In the vast majority of cases, there's not even an informal interview.

[English Muffin 59]

Moving to the Effects of Family Changes forum.

[cherr1980 1]

Your divorce lawyer should advice you about how are the divorce proceedings in the US. Now, by Colombian law you are married in there as well. So if you want to be "wholy single" on this earth you will have to file for divorce in Colombia...and that is another story. So far you want to be divorce is in here first, since you live here.

The other part is that avoid confrontation in the case she wants to meet you or whatever. You can change, without her authorization, the locks of your entire house. Keep the police records of the disturbances and issues that you have had with her. I will change locks/passwords, etc right away...thats the first thing my divorce lawyer advice me, you have NO idea how thankful I am about it! I will check bank accounts and whatever other account that her name is on it and removed it.

As for her, she can apply for the removal of the conditions from her and her daughter by herself...BUT she only have few months since she has been a legal permanent resident...and she needs to present evidence about your life together, joint tax return, joint bills, etc. unless she can demostrate abuse from your part.

I can't say if she used you or not, I don't know the whole story. Whatever thing that happened in a marriage and end in this way is VERY hard.

Your divorce lawyer should explain to you the divorce proceedings in your area. Every state/county is different.

Good luck.

Edited March 13, 2009 by cherr1980

[corinne from oz 0]

Hello,

A freind refered me to this sight. He said all my immigration questions can be answered here. Here goes:

My wife and I were married in Bogota Colombia over 2 years ago. She had her interview in the summer of 2008 and has enterd the country and has gotten her CR1 visa and green card. After having only been her 5 months she and her daughter has left and went to live many hours away from here. I am going to Bogota and will be filing for divorce. In the past 5 months I have called for the police to come here. She has done some terrible things to me. I really cant live with this women nor do I feel safe. Here are my questions

1.) Do I need to report this to USCIS? That we are divorcing.

2.) What are my continueing obligations under the Affidavit of Support towards her and my step daughter?

3.) How can I or my American attorney know and be present at her hearing to have conditions removed?

4.) What are my options?

Please help.

BB

Hi,

I have read that even if you are a Perm Resident on CR-1, you can still be removed from the USA if you do not follow the laws etc. So if she had done some bad things to you you should report it to the Police. The only time they cannot remove you is when you are a citizen.

But best to talk to a lawyer first.

Good luck!

[TRELAWNY PARISH 10]

Hello,

A freind refered me to this sight. He said all my immigration questions can be answered here. Here goes:

My wife and I were married in Bogota Colombia over 2 years ago. She had her interview in the summer of 2008 and has enterd the country and has gotten her CR1 visa and green card. After having only been her 5 months she and her daughter has left and went to live many hours away from here. I am going to Bogota and will be filing for divorce. In the past 5 months I have called for the police to come here. She has done some terrible things to me. I really cant live with this women nor do I feel safe. Here are my questions

1.) Do I need to report this to USCIS? That we are divorcing.

2.) What are my continueing obligations under the Affidavit of Support towards her and my step daughter?

3.) How can I or my American attorney know and be present at her hearing to have conditions removed?

4.) What are my options?

Please help.

BB

Hi,

I have read that even if you are a Perm Resident on CR-1, you can still be removed from the USA if you do not follow the laws etc. So if she had done some bad things to you you should report it to the Police. The only time they cannot remove you is when you are a citizen.

But best to talk to a lawyer first.

Good luck!

not ALWAYS true

[Dakine 26]

You can still cause her major problems when she tries to remove conditions. She'll have to file for a waiver. If you divorce her you'll probably make it easier for her to remove conditions.

You're caught between a "rock and a hard place"!

Amazing people marry not knowing each other that well. Looks like she wanted the GC and you wanted some poontang!

[3600rs 24]

Hello,

A freind refered me to this sight. He said all my immigration questions can be answered here. Here goes:

My wife and I were married in Bogota Colombia over 2 years ago. She had her interview in the summer of 2008 and has enterd the country and has gotten her CR1 visa and green card. After having only been her 5 months she and her daughter has left and went to live many hours away from here. I am going to Bogota and will be filing for divorce. In the past 5 months I have called for the police to come here. She has done some terrible things to me. I really cant live with this women nor do I feel safe. Here are my questions

1.) Do I need to report this to USCIS? That we are divorcing.

2.) What are my continueing obligations under the Affidavit of Support towards her and my step daughter?

3.) How can I or my American attorney know and be present at her hearing to have conditions removed?

4.) What are my options?

Please help.

BB

1. Reporting is completely up to you. She will not be deported if you report. Everything comes to the surface if you dont report when she files for removal of conditions. She will be by herself at that stage.

2. refer the poster lucyrich. It has the best information.

3. You or your attorney have no say in her removal of conditions. Thats between her and the CIS when she files for a waiver. That said she can remove her conditions without trouble.

4. options- Her conditional green card is approved, you have no options. You can complaint as much as you want but without strong evidence she can remove conditions by herself. It will be tough for her but with a right lawyer and money there is no chance for a deportation. CIS will see an example of "he said she said". They need documentary evidence not baseless accusations.

[3600rs 24]

You can still cause her major problems when she tries to remove conditions. She'll have to file for a waiver. If you divorce her you'll probably make it easier for her to remove conditions.

You're caught between a "rock and a hard place"!

Amazing people marry not knowing each other that well. Looks like she wanted the GC and you wanted some poontang!

[/quote

your right haole. She could also file for divorce by herself. Once she has a decree its all wrapped up. I have not seen a waiver denied on this board. I maybe wrong.