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caligirl334

Obligations under I-864 after failure to file I-751

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Let me first say that I do have a call into an immigration attorney for advice, as I understand my situation may be unique, but I would appreciate any insight or knowledge that you all might have.

 

I got married in 2015, my husband received his conditional 2 year green card through our marriage based I-485 application in April 2017. Soon after, our marriage fell apart (no fraud issues, we were just very very wrong for each other). He left the US in November 2017 and returned to his home country. We got divorced in mid 2018 and he had not returned to the US since he first left, and has stated that he never intends to return. 

 

His conditional green card will expire this year (April 2019). For all intents and purposes, he has "abandoned" his green card and LPR status in the US by permanently relocating to another country. My issue is that I was his sponsor for his green card application, signed the I-864 Affidavit of Support. This means I have to update my address by filing the I-865 anytime I move. I thought I would be free of this obligation and any other obligations of the I-864 due to his abandonment of his status. However, the I-865 states that the immigrant needs to either A. formally abandon his LPR status by signing the I-407 OR B. be found to have abandoned his status by an immigration judge while in removal proceedings.

 

I know my ex-husband would never sign an I-407 willingly (and I am certainly not going to ask him to, we haven't been in contact in 8 months and he was emotionally abusive and I fear him) I do not think he will be put in removal proceedings either. From what I have read, it seems that only if you file an I-751 to remove conditions and have the application denied that you are sent to immigration court. He won't ever file an I-751 and it seems like USCIS doesn't really do anything if you don't file one. Also, how could he even be put in removal proceedings if he isn't in the US?

 

It seems like he might just keep his LPR status forever, leaving me stuck with the obligations of the I-864 forever. Does anyone have any insight into what I could do to rectify this or should I quietly file my I-865 every time I move for the rest of my life?

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He has been out of the country for more than a year without re-entry permit. He abandoned his permanent residency for the US therefore you're no longer obligated for your I-864. 


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25 minutes ago, little immigrant said:

He has been out of the country for more than a year without re-entry permit. He abandoned his permanent residency for the US therefore you're no longer obligated for your I-864. 

Exactly. IF he remarried, then the I-864 does not apply. If he has abandoned his status, he can not return back to US and hence I-864 does not apply.


Removal of Conditions

CIS Office :California Service Center

Receipt #: WAC18096XXXXX

Date Filed :2018-01-02

NOA Date :2018-01-04

18 month courtesy copy: 2018-08-18

18 month official copy: 2018-10-22

Approval: 2019-02-01

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53 minutes ago, caligirl334 said:

Let me first say that I do have a call into an immigration attorney for advice, as I understand my situation may be unique, but I would appreciate any insight or knowledge that you all might have.

 

I got married in 2015, my husband received his conditional 2 year green card through our marriage based I-485 application in April 2017. Soon after, our marriage fell apart (no fraud issues, we were just very very wrong for each other). He left the US in November 2017 and returned to his home country. We got divorced in mid 2018 and he had not returned to the US since he first left, and has stated that he never intends to return. 

 

His conditional green card will expire this year (April 2019). For all intents and purposes, he has "abandoned" his green card and LPR status in the US by permanently relocating to another country. My issue is that I was his sponsor for his green card application, signed the I-864 Affidavit of Support. This means I have to update my address by filing the I-865 anytime I move. I thought I would be free of this obligation and any other obligations of the I-864 due to his abandonment of his status. However, the I-865 states that the immigrant needs to either A. formally abandon his LPR status by signing the I-407 OR B. be found to have abandoned his status by an immigration judge while in removal proceedings.

 

I know my ex-husband would never sign an I-407 willingly (and I am certainly not going to ask him to, we haven't been in contact in 8 months and he was emotionally abusive and I fear him) I do not think he will be put in removal proceedings either. From what I have read, it seems that only if you file an I-751 to remove conditions and have the application denied that you are sent to immigration court. He won't ever file an I-751 and it seems like USCIS doesn't really do anything if you don't file one. Also, how could he even be put in removal proceedings if he isn't in the US?

 

It seems like he might just keep his LPR status forever, leaving me stuck with the obligations of the I-864 forever. Does anyone have any insight into what I could do to rectify this or should I quietly file my I-865 every time I move for the rest of my life?

Do you know if he is from a country that has visa-waiver relationship with the US? IF yes, he can come back to US and you might want to check with law expert on that. 


Removal of Conditions

CIS Office :California Service Center

Receipt #: WAC18096XXXXX

Date Filed :2018-01-02

NOA Date :2018-01-04

18 month courtesy copy: 2018-08-18

18 month official copy: 2018-10-22

Approval: 2019-02-01

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3 minutes ago, NikV said:

Do you know if he is from a country that has visa-waiver relationship with the US? IF yes, he can come back to US and you might want to check with law expert on that. 

He's from Canada, which doesn't look like it's on the Visa Waiver program list, but he could certainly come into the US on a B tourist visa. If he did that, he could then stay with his green card? 

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6 minutes ago, caligirl334 said:

He's from Canada, which doesn't look like it's on the Visa Waiver program list, but he could certainly come into the US on a B tourist visa. If he did that, he could then stay with his green card? 

oh yeah. You should check about that with an expert. HE can come back to the US and if he becomes a public charge, you may be held liable for it.


Removal of Conditions

CIS Office :California Service Center

Receipt #: WAC18096XXXXX

Date Filed :2018-01-02

NOA Date :2018-01-04

18 month courtesy copy: 2018-08-18

18 month official copy: 2018-10-22

Approval: 2019-02-01

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He is a Canadian so should not have much difficulty entering without a visa.

 

Back to your original question and seems that you have little to worry about him being in a situation where you are at risk but you have no evidence that he is no longer subject to it. And likely will never have, well death would do it.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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5 minutes ago, NikV said:

oh yeah. You should check about that with an expert. HE can come back to the US and if he becomes a public charge, you may be held liable for it.

But if he attempted entry into the US, wouldn't CBP know that he has a green card, and that he's been living outside the US, and therefore abandoned his status? 

 

So he could, say 10 years down the line, enter the US either without a visa or on a B visa, then file the I-751, remove conditions and live in the US as an LPR? That seems insane to me. 

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1 minute ago, caligirl334 said:

But if he attempted entry into the US, wouldn't CBP know that he has a green card, and that he's been living outside the US, and therefore abandoned his status? 

 

So he could, say 10 years down the line, enter the US either without a visa or on a B visa, then file the I-751, remove conditions and live in the US as an LPR? That seems insane to me. 

If he gets a new passport, it might be tough for CBP to link his passport to an existing abandoned GC account. but yes, they may be able to find it.

 

He can not file I-751 after his green card expired. I-751 has a window for filing and that expired for your ex.


Removal of Conditions

CIS Office :California Service Center

Receipt #: WAC18096XXXXX

Date Filed :2018-01-02

NOA Date :2018-01-04

18 month courtesy copy: 2018-08-18

18 month official copy: 2018-10-22

Approval: 2019-02-01

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6 minutes ago, caligirl334 said:

But if he attempted entry into the US, wouldn't CBP know that he has a green card, and that he's been living outside the US, and therefore abandoned his status? 

 

So he could, say 10 years down the line, enter the US either without a visa or on a B visa, then file the I-751, remove conditions and live in the US as an LPR? That seems insane to me. 

He might be asked to formally relinquish his GC, might not if he is entering to visit anyway. Either way you would not know so irrelevant to the question.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Just now, Boiler said:

He might be asked to formally relinquish his GC, might not if he is entering to visit anyway. Either way you would not know so irrelevant to the question.

You're right, I will never know if he ever formally surrenders his green card, so essentially I will always live with the fear that he can come back to the US and sue me for the I-864. Then I suppose this means I do need to continue to file the I-865 when I move. 

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3 minutes ago, caligirl334 said:

You're right, I will never know if he ever formally surrenders his green card, so essentially I will always live with the fear that he can come back to the US and sue me for the I-864. Then I suppose this means I do need to continue to file the I-865 when I move. 

Well the practicality of doing so especially as you are now Divorced strikes me as being so out there that it is not worth of consideration.

 

I would imagine most spouse like you do not file, legally I think you have to. After all this is a common situation.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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21 hours ago, NikV said:

Exactly. IF he remarried, then the I-864 does not apply. If he has abandoned his status, he can not return back to US and hence I-864 does not apply.

Divorce or re-marriage does NOT stop the I-864 obligations.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

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Interview letter received 11/18/2011

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20 hours ago, NikV said:

If he gets a new passport, it might be tough for CBP to link his passport to an existing abandoned GC account. but yes, they may be able to find it.

 

He can not file I-751 after his green card expired. I-751 has a window for filing and that expired for your ex.

His ex's GC expires in April 2019, so the window for filing hasn't expired. Also you CAN file an I-751 late & attach an explanation on why you filed late.

Edited by EM_Vandaveer

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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