Can a I-864 be revoked after issuance of temporary GC but before issuance of Permanent GC?

[Borderlander 0]

I realize that the I-864 can be revoked before any GC is issued.

She has received the temporary GC but not the Permanent GC. We have been married for 2 years and 7 months. I found that she had been traveling to another state to "visit her sister," when in reality it was to visit her lover. She has now admitted this.

She dragged the marriage out, playing both sides with intent (so I say) to divorce after the Permanent GC arrived to get past the 2 year stage and to make things easy.

But I found proof of infidelity, she admitted infidelity, and admits it as part of the signed, notarized divorce papers which have been finalized by the Court. We are divorced now.

So it will be within a few months that she will have to go to the Permanent Green Card hearing alone, as a divorced person.

I believe that I cannot revoke the I-864 now for any reason because it is after the issuance of the temporary GC -- is this true?

Or can I revoke the I-864 because the permanent GC has not been granted?

Thank you.

[Merrytooth 5,748]

You can't revoke I-864 at all.

You can only hope that her I-751 (ROC) is denied and she is deported from US. Then you are free from I-864.

[aaron2020 11,651]

I realize that the I-864 can be revoked before any GC is issued.

She has received the temporary GC but not the Permanent GC. We have been married for 2 years and 7 months. I found that she had been traveling to another state to "visit her sister," when in reality it was to visit her lover. She has now admitted this.

She dragged the marriage out, playing both sides with intent (so I say) to divorce after the Permanent GC arrived to get past the 2 year stage and to make things easy.

But I found proof of infidelity, she admitted infidelity, and admits it as part of the signed, notarized divorce papers which have been finalized by the Court. We are divorced now.

So it will be within a few months that she will have to go to the Permanent Green Card hearing alone, as a divorced person.

I believe that I cannot revoke the I-864 now for any reason because it is after the issuance of the temporary GC -- is this true? It's called a conditional green card, not a "temporary" green card. The condition is being married to you for 2 years. It's not temporary.

Or can I revoke the I-864 because the permanent GC has not been granted? You are making a distinction between a "temporary" green card and a "permanent" green card where there is none. It's a conditional green card and a green card without condition. Once any green card is granted, you can not withdraw the I-864.

Thank you.

Once any green card is issued, you can not revoke the I-864.

You can't revoke I-864 at all.

You can only hope that her I-751 (ROC) is denied and she is deported from US. Then you are free from I-864.

If she becomes a USC, he would be free of the I-864.

Chances of her ROC being denied is low.

Chances of her getting deported is even lower.

[Merrytooth 5,748]

Or the beneficiary dies

[aaron2020 11,651]

Or the beneficiary dies

LOL. Suggesting something?

It's probably more likely that the I-864 obligations will end when she becomes a USC rather than be denied ROC and deported or her dying.

Edited August 8, 2016 by aaron2020

[Cheezees 1,514]

Infidelity and immigration fraud are two separate issues. That being said, you cannot revoke the I-864 based on infidelity. Written evidence of it in the divorce documents is meaningless. What you should hope for is her acquiring citizenship to relieve you of sponsorship.

[Borderlander 0]

Thank you all, it is as I thought it was.

Yes, infidelity and fraud are generally separate issues.

Unless the intent was to marry the US citizen who might unwittingly act as an innocent "sugar daddy," and then periodically carry on infidelity by "going off to another state to visit sister," with the intent of ending the relationship after receipt of permanent green card, then later become a US citizen, and then bring the "new husband" into US citizenship when possible.

Think that's impossible--think again.

[Avery Cates 1,141]

Thank you all, it is as I thought it was.

Yes, infidelity and fraud are generally separate issues.

Unless the intent was to marry the US citizen who might unwittingly act as an innocent "sugar daddy," and then periodically carry on infidelity by "going off to another state to visit sister," with the intent of ending the relationship after receipt of permanent green card, then later become a US citizen, and then bring the "new husband" into US citizenship when possible.

Think that's impossible--think again.

Impossible? No.

Happens all the time.

[Ortolan 381]

I read lots of instances of this very same thing happening, every day, on VJ. It's really sad.

[Borderlander 0]

So are complaints or allegations of "possible marriage fraud" taken seriously by USCIS, or ignored.

Naturally I cannot predict the future but there's plenty of evidence here and some has already been sent to USCIS with the rest to be sent this week.

In a year and a half it'll be interesting to see if she was put into removal.

If nothing else the US citizen, if they suspect fraud, should at least attempt to share whatever facts exist and here, I think, there may be enough hard data to make them consider denying the I-751.

If someone wants to con a US citizen, and is good at it, they'll likely succeed. But surviving 2.5 years of deception is difficult at best. Perhaps USCIS should extend the time between issuance of the temp GC and the permanent GC. I've read that USCIS estimates that ~10-15% of all K-1's involve fraud.

It is common, several years ago I was approached and offered $12k (an enormous amount for many Asians) to marry a woman so she could come here to work in an Alaskan fish cannery. I took down all the data that I could, (things like email headers sometimes are good) and reported them to ICE. I never heard back. But the person commented that she knew others who worked in Alaska that utilized this route.

[Avery Cates 1,141]

So are complaints or allegations of "possible marriage fraud" taken seriously by USCIS, or ignored.

It's a consideration in their case, if you provide the right information, but the chances of you finding out what happened with their case from USCIS directly is more or less nothing.

Remember kids, young foreign boom boom makes for quick GC.

[Richard1948 1]

The chances of being sued are very low. Can you afford such payment? Can she afford a federal attorney to sue you? More than likely the answer is no. Relax and find peace and move on. Peace and grace

[Richard1948 1]

The chances of being sued are very low. Can you afford such payment? Can she afford a federal attorney to sue you? More than likely the answer is no. Relax and find peace and move on. Peace and grace

[Borderlander 0]

It's a consideration in their case, if you provide the right information, but the chances of you finding out what happened with their case from USCIS directly is more or less nothing.

Remember kids, young foreign boom boom makes for quick GC.

Perhaps finding out what happened with their case from USCIS is nil, but if you have any person's "data" (dob/ss#, last address) it's a pretty simple matter and doesn't cost a fortune to locate a person, or to find that they no longer live in the US. If I can do this with a tenant who skipped owing back rent (and who is intentionally trying to hide (not be found)) so that I can serve papers I can find the status on her after a couple of years. Of course the person could be put into removal and then manage to get an H1B, and there's also the question of "is it worth bothering?"

[Borderlander 0]

Richard, I don't understand "the chances of being sued are low," combined with "can she afford a federal attorney."

There would be no grounds for her to sue me, especially in light of admitted infidelity showing up on a final divorce decree adjudicated by the State.

There is a possibility, (fairly low in this case) of this sort of scenario:

Let's say she promptly marries the paramour (the fellow that she was having an affair with) and promptly gets pregnant and has twins.

Then the guy leaves her for another woman (I never got how people who cheat could actually marry their paramour but it does happen).

She goes on welfare, TANF and food stamps (all means-tested benefits).

Bingo--those means-tested payers can and have an obligation to come after me for reimbursement. It's not uncommon for a single person who can't (perhaps won't) work to collect ~$28,000 per year.

In this hypothetical case the answer is "no," I could not afford to pay out that much for the balance of the ten years.