The I-864, is there any escaping it?

[raven52 233]

I have posted about this situation before, but have new information, and need more advice and opinions, so please do not take offense. People like (Harpa, TBoneTx and Ryan H) and so many others have been such a great help.

My friend Bob, took me to the Philippines the first time I went, and yes, I found my wife and we have been happily married for over a year. I owe him so much.

He was very un-lucky, and the wife he brough to the USA a full year before I did mine, deserted him, went back to the Philippines, and stayed almost 6 months. She went to China with a man from Austria, and admits it, changes her married name on FB to her maiden name, and does not deny the adultry, or anything else she did. He was married July 2012. Last August (2013) Bob, filed for divorce with a local attorney, alledging all he knew and could prove. His wife returned to the USA to get her remaining belongings AND sign divorce papers, stayed with relatives, and went to the attorney's office and signed the divorce papers, saying the adultry charges among other things were true and accurate, and was questioned by the notary, before she signed, "do you really want to sign this, it says you admit to adultry".,.,.,.,.,her responce was "she did not care she just wanted to get back to the Philippines." She does have her 2 yr. GC.

She was asked where can we forward a copy of the divorce papers, when they are filed with the court, and her reply was," I am going to Austria, I have no idea what my address will be, as I will never be back to this country."

Now, in a few weeks the divorce will be final, and a judge will sign it. Bob, has found a new woman, and has been talking daily on yahoo and Skype, and he will go to Cebu mid-August to meet the requiremeent of meeting a potential K-1 visa person, but it will be the end of August before he is free to marry. Which is about the time he returns from meeting her.

Now, what is his I-864 obligations to his divorced wife, that is in Austria?

How will USCIS look at two I-864's, IF he is still on the "hook" for his first wife?

Can this be conquered by sworn affadavits, from his attorney who heard his ex-wife's comments, the notary, and both me and another friend are willing to swear the same things that happened. This would be written in a cover letter by his attorney, explaining, the events, as I have stated them here.

Can this situation, which he did not want to happen, be overcome? Bob is a good God fearing man, and deserves another chance with a lady that "both feet" on the ground!

Please, ANY opinions and thoughts would be extremely helpful, as I owe Bob, so much, as I found the love of my life, lets help him find his!

[F & A 12]

I have posted about this situation before, but have new information, and need more advice and opinions, so please do not take offense. People like (Harpa, TBoneTx and Ryan H) and so many others have been such a great help.

My friend Bob, took me to the Philippines the first time I went, and yes, I found my wife and we have been happily married for over a year. I owe him so much.

He was very un-lucky, and the wife he brough to the USA a full year before I did mine, deserted him, went back to the Philippines, and stayed almost 6 months. She went to China with a man from Austria, and admits it, changes her married name on FB to her maiden name, and does not deny the adultry, or anything else she did. He was married July 2012. Last August (2013) Bob, filed for divorce with a local attorney, alledging all he knew and could prove. His wife returned to the USA to get her remaining belongings AND sign divorce papers, stayed with relatives, and went to the attorney's office and signed the divorce papers, saying the adultry charges among other things were true and accurate, and was questioned by the notary, before she signed, "do you really want to sign this, it says you admit to adultry".,.,.,.,.,her responce was "she did not care she just wanted to get back to the Philippines." She does have her 2 yr. GC.

She was asked where can we forward a copy of the divorce papers, when they are filed with the court, and her reply was," I am going to Austria, I have no idea what my address will be, as I will never be back to this country."

Now, in a few weeks the divorce will be final, and a judge will sign it. Bob, has found a new woman, and has been talking daily on yahoo and Skype, and he will go to Cebu mid-August to meet the requiremeent of meeting a potential K-1 visa person, but it will be the end of August before he is free to marry. Which is about the time he returns from meeting her.

Now, what is his I-864 obligations to his divorced wife, that is in Austria?

How will USCIS look at two I-864's, IF he is still on the "hook" for his first wife?

Can this be conquered by sworn affadavits, from his attorney who heard his ex-wife's comments, the notary, and both me and another friend are willing to swear the same things that happened. This would be written in a cover letter by his attorney, explaining, the events, as I have stated them here.

Can this situation, which he did not want to happen, be overcome? Bob is a good God fearing man, and deserves another chance with a lady that "both feet" on the ground!

Please, ANY opinions and thoughts would be extremely helpful, as I owe Bob, so much, as I found the love of my life, lets help him find his!

Hello I think this might help you...http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf go to page 10 and read section 11

[raven52 233]

F & A

You are "spot on" with your info.,..,. it would seem all he has to do is get the sworn affidavits, the signed divorce papers(though divorce does not stop the I-864) and just prove that "SHE IS NO LONGER AND LPR OF THE USA".,.,.,.with what we have in evidence, then that will be easy.,.,.,if I am not reading something wrong on the site you gave me.,.,.,.,.,Thanks a bunch! She has stated in front of witnesses, she is in Austria!

What would you use to USCIS to identify her, her 2 yr. GC number, ssn,.,.,., not sure how to identify her,..,.,.,

[KayDeeCee 4,892]

If the green card is abandoned, then the I-864 is no longer valid.

~ Moved from K-1 Process to Effects of Major Family Changes on Immigration Benefits - topic is not about the K-1 process ~

[raven52 233]

Kay-Jay

Thanks many times for your help.,.,.,so if she is gone to Austria, and can be proved, abandonded her husband, admitted to adultry, and all submitted to USCIS.,.,.,the I-864 should be gone!

[Boiler 43,622]

Kay-Jay

Thanks many times for your help.,.,.,so if she is gone to Austria, and can be proved, abandonded her husband, admitted to adultry, and all submitted to USCIS.,.,.,the I-864 should be gone!

Nope

If she has abandoned her PR status, yes. Do you have a copy of her abandonment of her GC?

[aaron2020 11,651]

What proof does he have that she abandoned her green card?

She is not bounded by her words to third parties. Their affidavits that she told them she intends to never come back is meaningless. Its a free country and you can say almost whatever you want to private citizens. She was not making a legal statement to the proper government official to give up her green card.

In fact, she can lie to him and his lawyers about her intentions.

When she meets the legal requirements that ends the I-864 obligations and he has proof, then he can take her off he I-864 for his new fiancee.

[NigeriaorBust 4,087]

When filing again and it asked about previous sponsored people , put the ex's name, the see attached. On a separate sheet say you believe that the Ex alien number xxxxxxxx has abandoned her LPR due to the following correspondence. Let USCIS figure it out They will check when she left and if she has been out more than a year then your friend is off the hook.

[Boiler 43,622]

Being out of the US for a year does not abandon your GC by itself. That would be for an IJ to determine. If it ever got to that point.

[aaron2020 11,651]

When filing again and it asked about previous sponsored people , put the ex's name, the see attached. On a separate sheet say you believe that the Ex alien number xxxxxxxx has abandoned her LPR due to the following correspondence. Let USCIS figure it out They will check when she left and if she has been out more than a year then your friend is off the hook.

It's a presumption that the green card is abandoned if the LPR is outside the US for more than a year. It's not conclusive.

It's up to an immigration judge to decide.

USCIS us going to do s**t to "figure it out.". In what universe has USCIS figure this out for anyone? Do you have examples where a petitioner claims an I-864 obligation is no longer enforceable, provides no proof, and USCIS figured it out?

[raven52 233]

Thanks fellow VJer's for all the comments.

Her conditional GC will be at the 2 year mark, in November, now it is my understanding, that 3 months before your 2 year GC expires, you HAVE to file for ROC, I-797, I think it is, NOW if that is not done, then her conditional GC would be expired, and null and void. So, no filing for ROC, 2 yr. green card expired, how does that affect the situation.

So she got her 2 year GC November of 2012, so she should have to file ROC, August of 2014, if that does not happen.,.,what is the result?

He will have the legal divorce by then, signed by the ex wife, notarized.,,..,I just do not see how how he would be liable for I-864. I do not think she can even come back to this country after 2 yr GC expires, can she?

Who and at what address could we wend this information to, I am sure at USCIS.,,.,.but which office?

Again, thanks for all the help, on a difficult situation.,.,.,raven 52

[Boiler 43,622]

Hello I think this might help you...http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf go to page 10 and read section 11

Where does it say that failure to remove conditions voids the I 864?

[raven52 233]

Boiler,

All we seek is help, and you are "one of the people" that can tell us the best thing to do, respect your short, bu very precise posta.

We just seek your help! What would Boiler do, if he was in my friend Bob's shoes?

We just need your help.,.,.,(personal email address removed for security purposes - VJ Moderation)

We know you can help us!

Edited July 7, 2014 by Kathryn41
to remove personally sensitive information

[Boiler 43,622]

Unless Bob has evidence that one of the causes that would terminate the I 864 as clearly stated applies then for these purposes he is still on the hook.

Abandonment is one of those weird areas that most Lawyers would be stumped on, I remember a Lawyer recommendation that if you need to get into this then you need a Lawyer who has actually tries a few abandonment cases, they are few and far between.

Judging from other threads he should be eternally grateful that she left the US. Well at least left his life as he can not be certain where she is, what she is doing.

[raven52 233]

Boiler,

Thanks again for your thoughts, and I was just on the Dept. of Homeland Security, site, page 10 item 11, says "obligation for the I-864 ends when either the sponsored immigrant dies, or you die, OR the sponsored immigrant DEPARTS the USA. Divorce doe not end the obligation."

She has been gone a year, and she cannot even come back to the country, so I would say, "she is gone from the country" (departed) if she tried to come back, to the USA.,.,,I do not know of a visa that would allow that, since it has been so long.