Advice/Knowledge sought - AOS sponsorship being revoked
#1
Advice/Knowledge sought - AOS sponsorship being revoked
Hello...
I'm wondering if any here can answer a question. I am USC, sponsoring my husband's AOS from E-2 to GC status. Our marriage has crumbled and I have alerted our attorney that I no longer wish to sponsor him. He did receive his advance parole card in August and as such, has decided to travel to India for holiday.
The sponsorship revocation has not been filed, but most likely will this week. My husband has told me he wished to stay in India another week. Will this mean he'll have trouble when entering back into US?
Anyone know that answer? He was already anticipating some questions at customs, but has all documents with him. Will this later the course of things...my guess is the revocation paperwork will take longer than his return.
I'm wondering if any here can answer a question. I am USC, sponsoring my husband's AOS from E-2 to GC status. Our marriage has crumbled and I have alerted our attorney that I no longer wish to sponsor him. He did receive his advance parole card in August and as such, has decided to travel to India for holiday.
The sponsorship revocation has not been filed, but most likely will this week. My husband has told me he wished to stay in India another week. Will this mean he'll have trouble when entering back into US?
Anyone know that answer? He was already anticipating some questions at customs, but has all documents with him. Will this later the course of things...my guess is the revocation paperwork will take longer than his return.
#2
Re: Advice/Knowledge sought - AOS sponsorship being revoked
Will this later the course of things...my guess is the revocation paperwork will take longer than his return.
That being said, I guess it doesn't really matter in the long run, since you don't intend to sponsor him any longer. If he doesn't get in, so be it. If he does, he won't have a path to adjust status and will have to leave again anyway. Or will he go back to E-2 status? I'm not sure on that one.
Rene
#3
Re: Advice/Knowledge sought - AOS sponsorship being revoked
Thanks Rene. Our attorney says he cannot revert back to the E-2 status as that was cancelled when we applied for the GC marriage-based visa. We filed back in April 2017 and still no interview. So, there is time for me to change my mind and support him after all. I've alerted our attorney I want out, but I understand the implications of this..so I'm still on the fence of what to do.
But at least I know he shouldn't have any issues getting back in from this holiday since paperwork for me to pull out won't get filed for a few days at the least. What a way to spend New Years...
But at least I know he shouldn't have any issues getting back in from this holiday since paperwork for me to pull out won't get filed for a few days at the least. What a way to spend New Years...
#4
Re: Advice/Knowledge sought - AOS sponsorship being revoked
When a marriage crumbles the relationship goes from a loving one to a business relationship.
You need to have dedicated representation for yourself. From now on your focus should be on protecting yourself and minimizing your own losses. He can figure out his own legal side for himself.
This is assuming you're both not willing to try counseling to rekindle this.
You need to have dedicated representation for yourself. From now on your focus should be on protecting yourself and minimizing your own losses. He can figure out his own legal side for himself.
This is assuming you're both not willing to try counseling to rekindle this.
Last edited by tom169; Dec 31st 2017 at 2:21 pm.
#5
Re: Advice/Knowledge sought - AOS sponsorship being revoked
There is a case entitled Matter of Hosseinpour, 15 I&N Dec 191 (BIA 1975). Still good law, but strangely, many immigration lawyers don't know about it.
A marriage need not be viable to support a marriage petition. However, an affidavit of support remains binding. But, if a beneficiary has prior social security earnings, that reduces the period for which the I-864 is binding. An E-2 indicates the existence of such prior employment.
There is no E-2 Treaty with India. However, eligibility for E-2 is determined by nationality.
If OP wants legal advice, the current attorney has a conflict of interest given she represents both parties to the marriage.
#6
Re: Advice/Knowledge sought - AOS sponsorship being revoked
General comments which OP might want to consider.
A marriage need not be viable to support a marriage petition. However, an affidavit of support remains binding. But, if a beneficiary has prior social security earnings, that reduces the period for which the I-864 is binding. An E-2 indicates the existence of such prior employment.
A marriage need not be viable to support a marriage petition. However, an affidavit of support remains binding. But, if a beneficiary has prior social security earnings, that reduces the period for which the I-864 is binding. An E-2 indicates the existence of such prior employment.
As for the Affidavit of Support, it is my understanding that it is not valid until or unless the AOS is approved. By revoking the affidavit, if it should reach the correct desk and the adjustment is not approved without an interview, there should be no AOS interview as the petition should be cancelled by USCIS.
There is no E-2 Treaty with India. However, eligibility for E-2 is determined by nationality.
If OP wants legal advice, the current attorney has a conflict of interest given she represents both parties to the marriage.
If OP wants legal advice, the current attorney has a conflict of interest given she represents both parties to the marriage.
As for the attorney, the immigration attorney works for both of them, yes, but as such needs to also perform services requested by the client, in this case the USC spouse, or at best, refer her to another counsel within the law firm.
#7
Re: Advice/Knowledge sought - AOS sponsorship being revoked
True. However, the marriage needs to have the couple appear as a couple at the time of the AOS interview (if the USCIS doesn't approve the petition out of hand). Without the couple attending the interview together, I can see that the AOS will be approved.
As for the Affidavit of Support, it is my understanding that it is not valid until or unless the AOS is approved. By revoking the affidavit, if it should reach the correct desk and the adjustment is not approved without an interview, there should be no AOS interview as the petition should be cancelled by USCIS.
If one were to do a little homework, one would see that the foreign spouse is a UK citizen. Therefore, his E-2 was not from India but from the UK.
As for the attorney, the immigration attorney works for both of them, yes, but as such needs to also perform services requested by the client, in this case the USC spouse, or at best, refer her to another counsel within the law firm.
As for the Affidavit of Support, it is my understanding that it is not valid until or unless the AOS is approved. By revoking the affidavit, if it should reach the correct desk and the adjustment is not approved without an interview, there should be no AOS interview as the petition should be cancelled by USCIS.
If one were to do a little homework, one would see that the foreign spouse is a UK citizen. Therefore, his E-2 was not from India but from the UK.
As for the attorney, the immigration attorney works for both of them, yes, but as such needs to also perform services requested by the client, in this case the USC spouse, or at best, refer her to another counsel within the law firm.
I sensed possible ambivelence on OP's inquiry. From time to time I had similar cases where the separated spouses both showed up at the interview. In one notable case, the wife had moved back to Texas nine months previous and attended the interview six months pregnant by her new boyfriend. Case approved with no problem.
On the I-864, let's say there had been six years of E-2 employment, then the potential liability on the I-864 would only be for four years.
Rene accurately noted that it might be possible that husband might be able to revert to E-2. It seems that OP did inquire and may have received mistaken advice.
It is OP's call on what to do.
#8
Re: Advice/Knowledge sought - AOS sponsorship being revoked
To clarify, my husband is UK citizen. He's lived here in the States for 16 years. We met in 2014, married earlier this year in April. Until that point, he was on E-2 visa. He wanted to change his status as the process to renew E-2 was costly and labourious and he has no intention of returning back to the UK.
We decided last January to marry, did so and filed his AOS to GC in April. Recently, we've separated and things are quite toxic. He would prefer to stay married, yet separated and continue with the process. I was initially OK to do so, but there are abuse issues and I think it may be better for may to bow out completely. I don't want to ruin his life and send him from all he's built here, but I'm hoping he can find another way.
And yes, he's just in India on holiday...
That may make the question marks raised above more clear.
We decided last January to marry, did so and filed his AOS to GC in April. Recently, we've separated and things are quite toxic. He would prefer to stay married, yet separated and continue with the process. I was initially OK to do so, but there are abuse issues and I think it may be better for may to bow out completely. I don't want to ruin his life and send him from all he's built here, but I'm hoping he can find another way.
And yes, he's just in India on holiday...
That may make the question marks raised above more clear.
#9
BE Forum Addict
Joined: Mar 2008
Location: Santa Cruz, CA
Posts: 4,913
Re: Advice/Knowledge sought - AOS sponsorship being revoked
Recently, we've separated and things are quite toxic. He would prefer to stay married, yet separated and continue with the process. I was initially OK to do so, but there are abuse issues and I think it may be better for may to bow out completely. I don't want to ruin his life and send him from all he's built here, but I'm hoping he can find another way.
#10
Re: Advice/Knowledge sought - AOS sponsorship being revoked
Thanks for the advice. To sum things up simply, he owns his own home and I had mine before we married. After we married, I moved in with him, my grown son stayed in mine. When things went south, I moved back to mine. There was deception, lies, another woman (a friend)..that lot of nasty stuff. I don't want anything. I just want out. It all still continues, so what's my motivation to stay in this? From my standpoint, since there hasn't been an interview yet, I can back out with no questions asked and leave him to "handle it."
But I'm not so vengeful to not see the big picture how that goes for him. There was love at one point. I don't want him to get chucked...I just want off the hook.
But I'm not so vengeful to not see the big picture how that goes for him. There was love at one point. I don't want him to get chucked...I just want off the hook.
#11
BE Forum Addict
Joined: Dec 2005
Location: Colorado Springs
Posts: 1,214
Re: Advice/Knowledge sought - AOS sponsorship being revoked
Looks like E-2 is dual intent so he wouldn't have completely screwed himself by filing for AOS (i.e. should he attempt to get E-2 status again - He will be entering as Paroled if he gets back in with the AP, and will need to at least get a real status like E-2 if the petition is pulled).
Not that any of this is your worry, really.
Not that any of this is your worry, really.
#12
Re: Advice/Knowledge sought - AOS sponsorship being revoked
Thanks for the advice. To sum things up simply, he owns his own home and I had mine before we married. After we married, I moved in with him, my grown son stayed in mine. When things went south, I moved back to mine. There was deception, lies, another woman (a friend)..that lot of nasty stuff. I don't want anything. I just want out. It all still continues, so what's my motivation to stay in this? From my standpoint, since there hasn't been an interview yet, I can back out with no questions asked and leave him to "handle it."
But I'm not so vengeful to not see the big picture how that goes for him. There was love at one point. I don't want him to get chucked...I just want off the hook.
But I'm not so vengeful to not see the big picture how that goes for him. There was love at one point. I don't want him to get chucked...I just want off the hook.
Best of luck.
#13
BE Forum Addict
Joined: Jan 2017
Posts: 2,900
Re: Advice/Knowledge sought - AOS sponsorship being revoked
To clarify, my husband is UK citizen. He's lived here in the States for 16 years. We met in 2014, married earlier this year in April. Until that point, he was on E-2 visa. He wanted to change his status as the process to renew E-2 was costly and labourious and he has no intention of returning back to the UK.
We decided last January to marry, did so and filed his AOS to GC in April. Recently, we've separated and things are quite toxic. He would prefer to stay married, yet separated and continue with the process. I was initially OK to do so, but there are abuse issues and I think it may be better for may to bow out completely. I don't want to ruin his life and send him from all he's built here, but I'm hoping he can find another way.
And yes, he's just in India on holiday...
That may make the question marks raised above more clear.
We decided last January to marry, did so and filed his AOS to GC in April. Recently, we've separated and things are quite toxic. He would prefer to stay married, yet separated and continue with the process. I was initially OK to do so, but there are abuse issues and I think it may be better for may to bow out completely. I don't want to ruin his life and send him from all he's built here, but I'm hoping he can find another way.
And yes, he's just in India on holiday...
That may make the question marks raised above more clear.
I would send him packing. You do not need to be in a highly dysfunctional relationship that lingers on, and maybe it will teach him a lesson that, in his next relationship, he needs to avoid the bashing and cheating.
Concur with the other posters who said you need separate attorneys now.
#14
Re: Advice/Knowledge sought - AOS sponsorship being revoked
If there is abuse and another woman involved - *he* ruined his life, and not *you.*
I would send him packing. You do not need to be in a highly dysfunctional relationship that lingers on, and maybe it will teach him a lesson that, in his next relationship, he needs to avoid the bashing and cheating.
Concur with the other posters who said you need separate attorneys now.
I would send him packing. You do not need to be in a highly dysfunctional relationship that lingers on, and maybe it will teach him a lesson that, in his next relationship, he needs to avoid the bashing and cheating.
Concur with the other posters who said you need separate attorneys now.
SL, you are right to protect yourself and it is kind of you be concerned for his status. Do what you need to do to ensure your safe passage through this both emotionally and financially and let the chips fall where they may for your husband.
#15
BE Forum Addict
Joined: Jan 2017
Posts: 2,900
Re: Advice/Knowledge sought - AOS sponsorship being revoked
I'm not that optimistic. An abuser, verbal, emotional or physical, does not learn from losing something. It often makes them angrier and nastier to the next person who comes his way.
SL, you are right to protect yourself and it is kind of you be concerned for his status. Do what you need to do to ensure your safe passage through this both emotionally and financially and let the chips fall where they may for your husband.
SL, you are right to protect yourself and it is kind of you be concerned for his status. Do what you need to do to ensure your safe passage through this both emotionally and financially and let the chips fall where they may for your husband.
THAT being said . . . OP also should not use revocation of sponsorship as a way to play mind games. As abuse and other women are involved, the relationship should be over as well as any idea of marriage sponsorship. Full stop.
I would also recommend breaking off all contact with the abusive other and insisting all communication go through the attorney.