Binni

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

Jadm

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.

HunterGreen

Would you mind sharing where you got this from? As it appears to be wrong information.

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

inquisitive40

Would this still mean that the ex-spouse would still be responsible for the immigrants support as per the I-864?
Patrick

HunterGreen

But you'd agree with me that this doesn't cancel the I-864 responsibilities, which is what I was referring to.

Elaine

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

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

cindyabs

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?

inquisitive40

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

scrubbedexpat099

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.

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.

scrubbedexpat099

Perhaps he is posting using a Ouija Board?

I think they are Wireless. Not sure about the connection speed.

HunterGreen

ROFLMAO!!!!

HunterGreen

Rete, I know this. And I've been following the other post. My reply here was for Jadm, who said the OP had a choice in sponsoring their spouse or not. I'm curious where Jadm got that information, since it's bull. Gotta nip it in the bud and such, before it starts spreading to places where there's nobody to catch these 'mistakes'.

Elaine