The I-864, is there any escaping it?

[Boiler 43,736]

SB1

General view is just get on a plane and take your chances at PoE.

You missed out a bit. Ceases to be a LPR and departs the country.

[raven52 233]

Can someone, please tell me who to contact, about this situation, would it be USCIS at what address or Dept. of Homeland Security at what address, or is there any forms, to be filed, as this trip to the Phils. is coming up next month, so we are just trying to find out who to contact, and give them the information.

[Boiler 43,736]

Information for what?

[raven52 233]

If the I-864 is still in effect, and for how long, and give them all the information we have.,,.it is all I can see for us to do, is get something in writing before filing the K-1 visa.

Which one to write to, and what address?

[Boiler 43,736]

Sounds what you are looking for is legal advice, for that you just need to consult a Lawyer.

[Dave&Roza 748]

If your friend makes enough over the poverty guidelines for 3 people--himself, the new fiancée, and the ex-wife--does it really matter if he is on the hook or not. The ex can remain outside the US for up to 2 years with proper forms filed and still maintain her LRP status which means he is still on the hook. She can file for ROC on her 2 year GC and receive the 10 year GC. If she is able to do that then he is really on the hook as the USCIS still believes she is a LPR.

I would ask him if he is over the 125% level for a family of 3 and if he is, list the ex and move on. Why waste all this time and energy on something he has no control over?

Good luck,

Dave

[2ndMessiah 184]

Bob appears to be a gluten for punishment.

Lets hope wife number two is the one.

[ricnally 258]

Bob appears to be a gluten for punishment.

Lets hope wife number two is the one.

And that she's gluten-free!

[raven52 233]

Dave&Rosa,

Your answer makes very good sense,.,.,it is about 19,500. for two.,..,,do you know what it is for 3 to be above the poverty line?

Seems like it is about 22k to 23k..,.,..,readd it somewhere.,.,.,.,.

He owns his own home, business, and a lot of land, so he should be fine!

Well, IF you get a good Filipino wife, there is nothing any better, I speak from experience!

[KayDeeCee 4,892]

If she leaves the country and does not file for ROC on her own, then she will cease to be an LPR when her green card expires. > http://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence

Poverty guidelines > http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

Edited July 7, 2014 by KayDeeCee

[Boiler 43,736]

Green Card is evidence of status, it is not in itself status.

[KayDeeCee 4,892]

Okay. How does that change the fact that if you fail to remove conditions you lose your permanent resident status? If she ceases to be a lawful permanent resident and departs the country, then the I-864 obligation ends.

[2ndMessiah 184]

And that she's gluten-free!

Was that a spelling mistake. opppssss. Sorry glutton. But definitely made for a funny reply.

Edited July 7, 2014 by 2ndMessiah

[VOL 425]

Just put down for 3 in household, which would include the x, just in case she stayed in USA

[Harpa Timsah 13,258]

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

Not really...

She has up until the day her card expired to file ROC. She can file ROC from abroad.

If she misses the deadline, she can file ROC late, and USCIS can accept a late ROC. So I-864 still in effect, even if she goes past the deadline.

The divorce stuff doesn't matter unless somehow she is proven to be fraudulent and her LPR status stripped. Adultery doesn't mean fraudulent.

Your friend should just include her in his household count on his affidavits, per the instructions. No getting around that unless you have real proof of abandonment, which he isn't going to get because it is his ex's GC, not his.