Withdraw prior to 2 year and before 751 aos filed

[Meanderthal 0]

Neither of us has filed the I-751 aos yet as we are awaiting a divorce. The divorce could be done as soon as January and her 2-year anniversary is February. I think I have it correct that I can withdraw my petition somehow, but I'm not sure how to go about it. Do I just send a letter to my service center? Does it have to be notarized? Has anyone been through this already? Thanks!

[YuAndDan 153]

If you have not filed the I-751 yet there is nothing to withdraw.

Depending on your situation, be mindful that if your spouse gets the 10 year green card, you can be held responsible for support up to 125% of the poverty line per the I-864 that you signed. Divorce does not end your obligation to support her per the terms of the I-864 Affidavit of Support.

She can file to lift the conditions on her own but can be difficult, is you are only separated, or are still married.

I came across this a while back:

Filing if the Couple is Separated

More troublesome is if the couple is still married, but separated or otherwise not getting along. With limited exception, as long as the couple is legally married, it is necessary to have a joint petition. Thus, troubled marriages often need either to be reconciled or terminated in order to file the I-751. As explained below, the I-751 can be filed by divorced individuals, and may be approved, as long as there is sufficient evidence that the marriage was genuine when initially entered into. It is more difficult to satisfy the USCIS in such scenarios, however.

Joint-Filing Waived in Limited Cases

There are two situations in which a person who is still legally married can file the I-751 without the spouse. The first is if the person entered into a marriage in good faith, but has been battered or subjected to extreme cruelty by the petitioning spouse. The second is if termination of permanent resident status and removal from the U.S. would result in extreme hardship to the foreign national. Extreme hardship is a high standard and can be based only upon conditions that arose after the conditional residency was acquired.

http://www.murthy.com/news/n_remcon.html

[diadromous mermaid 36]

If you have not filed the I-751 yet there is nothing to withdraw.

Depending on your situation, be mindful that if your spouse gets the 10 year green card, you can be held responsible for support up to 125% of the poverty line per the I-864 that you signed. Divorce does not end your obligation to support her per the terms of the I-864 Affidavit of Support.

She can file to lift the conditions on her own but can be difficult, is you are only separated, or are still married.

Meanderthal is already obliged to the I-864, and has been since AOS was approved

[BJZags 17]

Depending on your situation, be mindful that if your spouse gets the 10 year green card, you can be held responsible for support up to 125% of the poverty line per the I-864 that you signed.

It seems crazy to me that conditions can be lifted even with divorce within 2-years of marriage. Seems the practice circumvents the intent of the legislation, or maybe its the other way around.

[YuAndDan 153]

If you have not filed the I-751 yet there is nothing to withdraw.

Depending on your situation, be mindful that if your spouse gets the 10 year green card, you can be held responsible for support up to 125% of the poverty line per the I-864 that you signed. Divorce does not end your obligation to support her per the terms of the I-864 Affidavit of Support.

She can file to lift the conditions on her own but can be difficult, is you are only separated, or are still married.

Meanderthal is already obliged to the I-864, and has been since AOS was approved

Correct, but if a petition to lift conditions (I-751) is not filed by either party before the expiration of the 2 year card, then LPR falls out of status.

[diadromous mermaid 36]

If you have not filed the I-751 yet there is nothing to withdraw.

Depending on your situation, be mindful that if your spouse gets the 10 year green card, you can be held responsible for support up to 125% of the poverty line per the I-864 that you signed. Divorce does not end your obligation to support her per the terms of the I-864 Affidavit of Support.

She can file to lift the conditions on her own but can be difficult, is you are only separated, or are still married.

Meanderthal is already obliged to the I-864, and has been since AOS was approved

Correct, but if a petition to lift conditions (I-751) is not filed by either party before the expiration of the 2 year card, then LPR falls out of status.

I suspect that would make no difference. Bear in mind that there are several clear manners in which to satisfy the Affidavit of Support obligation to the USCIS.

1. Naturalisation

2. Leaving the USA permanently

3. Accruing 40 quarters of SSA benefits

4. Death of the alien

An alien falling out of status is not one of them.

[Yodrak 7]

YuAndDan,

So the alien falls out of status, what has that got to do with the I-864 obligation?

Yodrak

If you have not filed the I-751 yet there is nothing to withdraw.

Depending on your situation, be mindful that if your spouse gets the 10 year green card, you can be held responsible for support up to 125% of the poverty line per the I-864 that you signed. Divorce does not end your obligation to support her per the terms of the I-864 Affidavit of Support.

She can file to lift the conditions on her own but can be difficult, is you are only separated, or are still married.

Meanderthal is already obliged to the I-864, and has been since AOS was approved

Correct, but if a petition to lift conditions (I-751) is not filed by either party before the expiration of the 2 year card, then LPR falls out of status.

[BJZags 17]

YuAndDan,

So the alien falls out of status, what has that got to do with the I-864 obligation?

I think he is arguing that once the LPR falls out of status, then he/she must leave the land of "free ride" and go back to home country -- no more obligation.

[diadromous mermaid 36]

YuAndDan,

So the alien falls out of status, what has that got to do with the I-864 obligation?

I think he is arguing that once the LPR falls out of status, then he/she must leave the land of "free ride" and go back to home country -- no more obligation.

Ah, yes, but there's no guarantee that the alien would necessarily comply and until he or she did, the I-864 would still be in effect.

[BJZags 17]

Ah, yes, but there's no guarantee that the alien would necessarily comply and until he or she did, the I-864 would still be in effect.

Really? How could an illegal enforce an I-864? Once he/she surfaced for "public assistance" they would be deported I would think, i.e. forced compliance. I think half of this I-864 stuff is urban legand.

[Kez/JWolf 6]

There are millions of illegal alien in the US that access Public assistance everyday.... I dont see many getting deported..... do you?

The I-864 is a legally binding contract and it would be the govenment that can inforce it if the illegal alien was to claim public assistence... any funds paid to them could be claimed back from the sponsor... so not legend.

Kez

[BJZags 17]

There are millions of illegal alien in the US that access Public assistance everyday.... I dont see many getting deported..... do you?

The I-864 is a legally binding contract and it would be the govenment that can inforce it if the illegal alien was to claim public assistence... any funds paid to them could be claimed back from the sponsor... so not legend.

Kez

Under your scenario, the government intends through the I-864 to undermine its own immigration laws by encouraging illegal aliens to remain in the country forever. That cannot be the intent of the legislature/agency when implementing this regulation. I could see USCIS or whatever agency rounds him/her up to hit-up the sponser for the cost of a plane-ticket back to the home country.

[Meanderthal 0]

There are millions of illegal alien in the US that access Public assistance everyday.... I dont see many getting deported..... do you?

The I-864 is a legally binding contract and it would be the govenment that can inforce it if the illegal alien was to claim public assistence... any funds paid to them could be claimed back from the sponsor... so not legend.

Kez

Under your scenario, the government intends through the I-864 to undermine its own immigration laws by encouraging illegal aliens to remain in the country forever. That cannot be the intent of the legislature/agency when implementing this regulation. I could see USCIS or whatever agency rounds him/her up to hit-up the sponser for the cost of a plane-ticket back to the home country.

It may be legally binding but it still doesn't make any sense. I suspect all those aliens receiving assitance are getting it for their kids who were born here and somehow they manage to evade their own illegal status. In the haste of getting all the paperwork done to get my wife over here I didn't pay attention to the I864. The goverment should send you a pamphlet as soon as you apply entitled 'So you think you're in Love?'

[diadromous mermaid 36]

There are millions of illegal alien in the US that access Public assistance everyday.... I dont see many getting deported..... do you?

The I-864 is a legally binding contract and it would be the govenment that can inforce it if the illegal alien was to claim public assistence... any funds paid to them could be claimed back from the sponsor... so not legend.

Kez

Under your scenario, the government intends through the I-864 to undermine its own immigration laws by encouraging illegal aliens to remain in the country forever. That cannot be the intent of the legislature/agency when implementing this regulation. I could see USCIS or whatever agency rounds him/her up to hit-up the sponser for the cost of a plane-ticket back to the home country.

It may be legally binding but it still doesn't make any sense. I suspect all those aliens receiving assitance are getting it for their kids who were born here and somehow they manage to evade their own illegal status. In the haste of getting all the paperwork done to get my wife over here I didn't pay attention to the I864. The goverment should send you a pamphlet as soon as you apply entitled 'So you think you're in Love?'

Whether you wish to believe it makes sense or not, the fact of the matter is that the I-864 is in place until satisfied. Will an alien that has fallen out of status make a claim for benefits? No one can know. Would they be paid to him or her? Possibly, dependent upon how thorough the agency is prior to awarding the benefit. Would the sponsor be held to the I-864? Yes. Would that mean the sponsor would have to repay? Possibly.

However, all of this still doesn't address the impact upon a USC should he or she wish to sponsor another alien in the future. Bear in mind that an alien that falls out of status and never intends or does draw benefits is still to be listed on any future I-864, and if there are no willing co-sponsors available to the petitioner, the very fact that a former alien spouse who has little interest in naturalising, leaving the country or working towards acquiring the mandated 40 quarters of SSA deposits could mean the difference between an approval of a subsequent petition or not.

Edited December 22, 2006 by diadromous mermaid

[BJZags 17]

However, all of this still doesn't address the impact upon a USC should he or she wish to sponsor another alien in the future. Bear in mind that an alien that falls out of status and never intends or does draw benefits is still to be listed on any future I-864, and if there are no willing co-sponsors available to the petitioner, the very fact that a former alien spouse who has little interest in naturalising, leaving the country or working towards acquiring the mandated 40 quarters of SSA deposits could mean the difference between an approval of a subsequent petition or not.

In your scenario, it would be critical that the I-864 sponsor have some documentation that the first gal/guy has departed the US. Of course, the lawyer in me questions who would have the burden of proving that the first has left the country or not. Credit card receipt for purchas of airfare maybe, but that is only proof of purchase, but not of actual departure.