How to cancel Green Card sponsership ?
#1
Guest
Posts: n/a
How to cancel Green Card sponsership ?
Hi,
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 might get the GC.
Here are the few more details of the situation
1. marriage is just about 2 years till now.
2. the divorce complaint is filed about half a year back.
3. AOS was filed more than a year and half back and still haven't
heard anything from INS (not yet approved). Haven't been called for
an interview
either.
4. hope to get the divorce agreement in a month or two.
In this situation can I cancel the GC sponsership. If yes then How ?
Please tell me.
Thanks
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 might get the GC.
Here are the few more details of the situation
1. marriage is just about 2 years till now.
2. the divorce complaint is filed about half a year back.
3. AOS was filed more than a year and half back and still haven't
heard anything from INS (not yet approved). Haven't been called for
an interview
either.
4. hope to get the divorce agreement in a month or two.
In this situation can I cancel the GC sponsership. If yes then How ?
Please tell me.
Thanks
#2
Guest
Posts: n/a
Re: How to cancel Green Card sponsership ?
sorry to hear about your troubles. if and when you get an interview
date you can choose to not sponser your spouse yes, but be aware that
because she-he has been married 2 years now and in the states the
person can most likely stay in the USA regardless.
date you can choose to not sponser your spouse yes, but be aware that
because she-he has been married 2 years now and in the states the
person can most likely stay in the USA regardless.
#3
Re: How to cancel Green Card sponsership ?
Originally Posted by Jadm
if and when you get an interview date you can choose to not sponser your spouse
#4
Re: How to cancel Green Card sponsership ?
Originally Posted by HunterGreen
Would you mind sharing where you got this from? As it appears to be wrong information.
I believe one of our resident attys passed this information on to us that if your marriage is over two years in length and if the AOS has not be adjudicated and you divorce that you might still be able to adjust your status if you can prove that you entered the marriage in good faith. Hopefully one or both or someone with good searching skills will be able track down the post.
Rete
Last edited by Rete; Aug 30th 2004 at 1:22 pm.
#5
Re: How to cancel Green Card sponsership ?
Originally Posted by Rete
I believe one of our resident attys passed this information on to us that if your marriage is over two years in length and if the AOS has not be adjudicated and you divorce that you might still be able to adjust your status if you can prove that you entered the marriage in good faith. Hopefully one or both or someone with good searching skills will be able track down the post.
Rete
Rete
Would this still mean that the ex-spouse would still be responsible for the immigrants support as per the I-864?
Patrick
#6
Re: How to cancel Green Card sponsership ?
Originally Posted by Rete
I believe one of our resident attys passed this information on to us that if your marriage is over two years in length and if the AOS has not be adjudicated and you divorce that you might still be able to adjust your status if you can prove that you entered the marriage in good faith. Hopefully one or both or someone with good searching skills will be able track down the post.
Rete
Rete
Elaine
#7
Re: How to cancel Green Card sponsership ?
Originally Posted by HunterGreen
But you'd agree with me that this doesn't cancel the I-864 responsibilities, which is what I was referring to.
Elaine
Elaine
No it does not cancel the I-864 responsibilities. In fact if you went to the same posters same question on alt.visa.us you will see the 6 point criteria regarding what would cancel an I-864. Divorce is not one of them.
Rete
#8
Re: How to cancel Green Card sponsership ?
Rete,
True, but Binni also states that the I-485 was submitted 1-1/2 years or so ago. Assuming that Binni did supply an I-864 with that application and has not updated it since, this is the kind of situation in which an updated I-864 is typically required at the AOS interview. Divorced or not at the time that his wife's AOS interview comes up, he can refuse to participate and refuse to provide a new I-864 can he not?
What I'm wondering then is how such a stale I-864 would affect the divorced wife's AOS, or vice versa. Do you recall if the post that you referenced addressed this part of the issue?
Regards, JEff
True, but Binni also states that the I-485 was submitted 1-1/2 years or so ago. Assuming that Binni did supply an I-864 with that application and has not updated it since, this is the kind of situation in which an updated I-864 is typically required at the AOS interview. Divorced or not at the time that his wife's AOS interview comes up, he can refuse to participate and refuse to provide a new I-864 can he not?
What I'm wondering then is how such a stale I-864 would affect the divorced wife's AOS, or vice versa. Do you recall if the post that you referenced addressed this part of the issue?
Regards, JEff
Originally Posted by Rete
No it does not cancel the I-864 responsibilities. In fact if you went to the same posters same question on alt.visa.us you will see the 6 point criteria regarding what would cancel an I-864. Divorce is not one of them.
Rete
Rete
#9
Re: How to cancel Green Card sponsership ?
Originally Posted by jeffreyhy
Rete,
True, but Binni also states that the I-485 was submitted 1-1/2 years or so ago. Assuming that Binni did supply an I-864 with that application and has not updated it since, this is the kind of situation in which an updated I-864 is typically required at the AOS interview. Divorced or not at the time that his wife's AOS interview comes up, he can refuse to participate and refuse to provide a new I-864 can he not?
What I'm wondering then is how such a stale I-864 would affect the divorced wife's AOS, or vice versa. Do you recall if the post that you referenced addressed this part of the issue?
Regards, JEff
True, but Binni also states that the I-485 was submitted 1-1/2 years or so ago. Assuming that Binni did supply an I-864 with that application and has not updated it since, this is the kind of situation in which an updated I-864 is typically required at the AOS interview. Divorced or not at the time that his wife's AOS interview comes up, he can refuse to participate and refuse to provide a new I-864 can he not?
What I'm wondering then is how such a stale I-864 would affect the divorced wife's AOS, or vice versa. Do you recall if the post that you referenced addressed this part of the issue?
Regards, JEff
On the CP side of the house, if you don't file all your paperwork, which would include the 864 in a year's time then it is considered abandoned. Perhaps the same on local AOS?
#10
Re: How to cancel Green Card sponsership ?
Originally Posted by jeffreyhy
Rete,
True, but Binni also states that the I-485 was submitted 1-1/2 years or so ago. Assuming that Binni did supply an I-864 with that application and has not updated it since, this is the kind of situation in which an updated I-864 is typically required at the AOS interview. Divorced or not at the time that his wife's AOS interview comes up, he can refuse to participate and refuse to provide a new I-864 can he not?
What I'm wondering then is how such a stale I-864 would affect the divorced wife's AOS, or vice versa. Do you recall if the post that you referenced addressed this part of the issue?
Regards, JEff
True, but Binni also states that the I-485 was submitted 1-1/2 years or so ago. Assuming that Binni did supply an I-864 with that application and has not updated it since, this is the kind of situation in which an updated I-864 is typically required at the AOS interview. Divorced or not at the time that his wife's AOS interview comes up, he can refuse to participate and refuse to provide a new I-864 can he not?
What I'm wondering then is how such a stale I-864 would affect the divorced wife's AOS, or vice versa. Do you recall if the post that you referenced addressed this part of the issue?
Regards, JEff
Yes I am very interested to see how the law stands on this one. Why should the US Citizen be held responsible for the immigrant if they are not participating in the GC application anymore and do not wish to sponsor a spouse who is now in divorce proceedings?
I know in some ways it could be a used as blackmail by the USC for the spouse to remain with them even in an abusive relationship BUT seems in so many cases once an applicant arrives here on a K-1 or similar visa, it is very hard to change one's mind and seems pretty much impossible to do after an approved AOS interview.
Patrick
#11
Account Closed
Joined: Mar 2004
Posts: 2
Re: How to cancel Green Card sponsership ?
Well you have signed up for the I864 when you submit it.
Is there a requirement to update it?, I was under the impression you could rather than you must, but to have an updated one in your backpocket just in case, especially if you have been waiting some time.
If you can AoS without the agreement of your spouse I do not see what there is to cancel the I864 unless you have withdrawn it prior to AoS, which it seems you can.
Lots of ifs and buts, bearing in mind the obligations I would want to make sure if I was in that situation.
Is there a requirement to update it?, I was under the impression you could rather than you must, but to have an updated one in your backpocket just in case, especially if you have been waiting some time.
If you can AoS without the agreement of your spouse I do not see what there is to cancel the I864 unless you have withdrawn it prior to AoS, which it seems you can.
Lots of ifs and buts, bearing in mind the obligations I would want to make sure if I was in that situation.
#12
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: How to cancel Green Card sponsership ?
Originally Posted by Rete
I believe one of our resident attys passed this information on to us that if your marriage is over two years in length and if the AOS has not be adjudicated and you divorce that you might still be able to adjust your status if you can prove that you entered the marriage in good faith. Hopefully one or both or someone with good searching skills will be able track down the post.
Rete
Rete
#13
Account Closed
Joined: Mar 2004
Posts: 2
Re: How to cancel Green Card sponsership ?
Originally Posted by Folinskyinla
Not me. If the OP happened to be dead, and the marriage was in existence over two years, that is a different matter. Is the OP dead or not? He didn't say.
I think they are Wireless. Not sure about the connection speed.
#14
Re: How to cancel Green Card sponsership ?
Originally Posted by Folinskyinla
Is the OP dead or not? He didn't say.
#15
Re: How to cancel Green Card sponsership ?
Originally Posted by Rete
No it does not cancel the I-864 responsibilities. In fact if you went to the same posters same question on alt.visa.us you will see the 6 point criteria regarding what would cancel an I-864. Divorce is not one of them.
Elaine