Green Card News

Question:

I want to cancel the support for the green card application for my spouse with whom I am undergoing the divorce process through mediation. The issue is I havent reched the divorce agreement yet and GC is also in its final stages. Can I do something to cancel my support for her GC before recieving the divorece agreement as that might take time and by the she muight get the GC>

Answer:

Is her GC application marriage-based? In that case she will be getting a conditional GC, valid for two years only. If the marriage dissolves before those two years are up she won't be able to file for removal of the conditional status.

Try alt.visa.us.marriage-based

I think it depends whether you have reached AoS or not, may be too late if you have had the interview.

Not true, Jozef. If she has not had the AOS interview yet, it is poss- ible for her to still get a green card if her marriage is over 2 years in duration. She would be entitled to it if she could prove that she entered the marriage in good faith. And since the marriage is over two years in length, there would be no conditions and it would be a LR-1 green card.

If she were to get a green card prior to the 2 wedding anniversay and divorced, she is still eligible to remove conditions with a waiver appl- ied for with I-751.

In answer to cancellation of an I-864 after divorce, I'm sorry to report that is not a possibility.

Once the AOS has occurred you are on the hook with the I-864 until one of several criteria have occurred:

1. The beneficiary of the I-864 has worked 40 qualified work quarters as per Social Security; or

2. The beneficiary becomes a US citizen; or

3. The beneficiary leaves the US and gives up their green card; or

4. The beneficiary is deported and has their green card terminated; or

5. The beneficiary dies; or

6. The sponsor dies and the estate is settled.

Note that even if she remains in the US and marries someone else you are still liable until one of the above occurs.

One reason why people who marry foreign spouses should be very careful about their choices of a mate if they don't want to fully accept the fi- nancial responsibility for them when they sign the I-864 if the marriage dissolves. As you can see the I-864 can last longer than the marriage.

Nothing is going to happen at AoS without your presense but send the letter.

Just about two years? How long exactly? Compiled from Rete's posts: If the marriage has existed for two years, she could still obtain a GC even if you do not show up for the AOS interview per Boiler's suggestion. But she would have to prove that the marriage was entered into in good faith. Was it? And once AOS has taken place and she does have a GC, you cannot retract the sponsorship anymore.

Binni, you have every right to withdraw the I-130 petition. Without a valid, approved I-130 petition, your spouse cannot legally get permanent resident status. If she does not get permanent resident status, you are never obligated to the terms of the I-864 Affidavit of Support.

Recently someone asked for a format for a letter of withdrawal of the I-130 petition, and I replied. See http://groups.google.com/groups?hl=en&lr=&ie=UTF-8&threadm=84047cb9.0....