My Friend May Be In Trouble???

[raven52 233]

My friend Bob, who took me to the Philippines the first time, where I met my (now) wife, may have a huge problem. I will explain.

He marrried a Filipino lady, about 1 and 1/2 years ago. She went back to the Philippines with friends of ours who were also married for an extended visit. Bob,s wife told him she was going to stay 4-5 months, but there are two ""married couples"" friends of ours who went also. But, Bob's wife went by her self, (if she was my wife and was going to stay 4-5 months, IT WOULD HAVE BEEN A ONE WAY TICKET) but he was "ok" with it.

Now, he is informed by her that she ""IS NOT COMING BACK"" and is actually going to another country to work!!!!!!!!!!!! He also told me that she had asked and horded money from him for un-true events.,.,she was planning this? Probably, but his love is blind, I guess.

Yes, Bob, is hurt, but if she does not want to be here, HE does not want her here in the USA.

We live in South Carolina, and you must be separated 1 year before you can be divorced, so she has been gone nearly 5 months, so in 7 months he will pursue a divorce, FOR SURE!

My question, ""DOES HE HAVE SIGNIFICANT OBLIGATIONS TO HER PER USCIS, IF SO WHAT ARE THEY AND WHAT CAN HE DO, TO AVOID THEM, IF POSSIBLE.

She has her 2 year GC, and EAD/AP.,.,SS number.,., and just decided she wants to do something else.

I just worry for him, as what he should do, as I feel obligated, as he took me to Cebu and ""I found my QUEEN!""

Any advice is appreciated, my friend needs some peace of mind!

[Pitaya 2,577]

~Moved from K-1 Process to Effects of Major Family Changes on Immigration Benefits~

~Such topics are often discussed in this forum, not K-1.

[KayDeeCee 4,893]

No clue what any of this has to do with the K-1 process. As far as his obligations for immigration, he will still be on the hook for the I-864 until her green card is surrendered/abandoned, but if she is not in the US it doesn't matter. If she cannot remove conditions on her 2 year card, then her permanent residency will be lost. Since she is moving to another country, I do not think there is anything he needs to do. She will lose her green card by living outside the US, the I-864 will no longer be valid then, and he will be divorcing her.

Edited March 1, 2014 by Jay-Kay

[raven52 233]

Kay,

Sorry for where the post ended up, as I was not sure where to post it.,.,.but your answer was what I wanted, IT is a very sad situation..,.I really feel sorry for him!

raven52

[Adslip 6]

Hi am sorry to hear of your friends problems, I hope information I found in the Australian embassy info today helps somewhat.

You may lose your permanent resident status (green card) if you commit an act that makes you removable from the United States or abandon your permanent resident status. A lawful permanent resident (LPR) normally may travel outside the United States and return; however, there are some limitations.

If you remain away from the United States for:

• 180 days to one year, you will be required to apply for a new “admission” at the time of your arrival at a United States port of entry.
• One year or longer, your legal permanent resident card will become invalid for travel to the United States and you will need to apply for a returning resident visa in order to resume your U.S. residence.

If you plan to remain outside the U.S. for one year or more, you should apply for a re-entry permit before you leave the United States. U.S. Citizenship and Immigration Services (USCIS) have sole responsibility for adjudicating I-131 re-entry permit applications. Applications cannot be lodged at U.S. Consulates or Embassies overseas.

Please note that your U.S. permanent residence may be considered as abandoned for absences shorter than one year if you take up residence in another country. U.S. Customs and Border Patrol (CBP) has sole responsibility for determining an alien’s eligibility for admission to the U.S. as a permanent resident.

Please refer to the USCIS website for further information on residency requirements.

If her plans stay the same and she carries on with her current plans it sounds like it will take care of itself. Good luck and best wishes to your friend, its a sad predicament for him.

[aaron2020 11,651]

Best case scenario:

If she fails to remove the condition on her green card, she will lose her LPR status and Bob is off the hook.

Worst case scenario:

She comes back to the US, files for divorce, and file to remove the condition on her green card by herself with a divorce waiver, she can remain an LPR forever. She can choose to earn zero income and sue Bob for support under his I-864 obligations. Bob would pay this 125%poverty level support for as long as she is an LPR. It ends when of them dies.

Edited March 1, 2014 by aaron2020

[Mela17 36]

Seriously, can we stop generalizing and attacking nations/people? It's really unbecoming. OP, Like others have said, if Bob's wife stays out of the country for more than one year or if she takes up residence in another country then the USCIS will consider her LPR status abandoned then he will have nothing to worry about. Aaron2020's advice is the most astute, however.

[Unknown Guest 15]

Wow...what a surprise. I wonder if there were any RED Flags to their relationship? Like a big age gap? Sounds like shes been planning to run for months. Swindled money and a green card from him. Poor bob. Well, maybe not poor...he may be rich. I wonder if she is really still in the Philippines. She could've gone back to the Philippines and already came back to the u.s. without ever telling bob that she was back and shacked up with a new guy already. I guess bob may find out when he ends up having to pay support for her due to his i864 obligations.

Edited March 2, 2014 by yojoe

[Avery Cates 1,141]

I wonder if she is really still in the Philippines. She could've gone back to the Philippines and already came back to the u.s. without ever telling bob that she was back and shacked up with a new guy already. I guess bob may find out when he ends up having to pay support for her due to his i864 obligations.

That's the most likely scenario.

[TBoneTX 45,539]

Several posts removed for TOS violations and administrative action taken against one member. Stick to the topic and be supportive, or do not post.

[sweet cakes 326]

Wow...what a surprise. I wonder if there were any RED Flags to their relationship? Like a big age gap? Sounds like shes been planning to run for months. Swindled money and a green card from him. Poor bob. Well, maybe not poor...he may be rich. I wonder if she is really still in the Philippines. She could've gone back to the Philippines and already came back to the u.s. without ever telling bob that she was back and shacked up with a new guy already. I guess bob may find out when he ends up having to pay support for her due to his i864 obligations.

That's the most likely scenario.

I don't know how these 2 posts can lead to anything constructive to the OP's aim, which is to help his friend. Assumptions like your "what ifs" and "most likely the case" are totally uncalled for .

[Ryan H 3,813]

Another non-responsive post removed and one member thread banned.

[Unknown Guest 15]

I don't know how these 2 posts can lead to anything constructive to the OP's aim, which is to help his friend. Assumptions like your "what ifs" and "most likely the case" are totally uncalled for .

problem is that there is not much he can do now....except play wait and see what she does. So all anyone can do to help is play the hypotheticals game. If X happens then Y = consequence. That way, he can at least mentally prepare for whatever may happen.

I mean, can u think of anything proactive that Mr. bob can do?

[Boiler 45,670]

As she has left and is apparently not returning all this inaccurate pontification as to what constitutes abandonment is irrelevant.

[sweet cakes 326]

problem is that there is not much he can do now....except play wait and see what she does. So all anyone can do to help is play the hypotheticals game. If X happens then Y = consequence. That way, he can at least mentally prepare for whatever may happen.

I mean, can u think of anything proactive that Mr. bob can do?

Being proactive doesn't necessarily mean being creative in assumptions, Unknown Guest / Yojoe. Really, "shacked up with a new guy already"?!

OP is asking for Bob's legal obligations and how he can avoid them, if any. You are creating up so much drama from a simple question.