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

[caligirl334 1]

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?

[little immigrant 800]

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. 

[NikV 44]

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.

[NikV 44]

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. 

[caligirl334 1]

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? 

[NikV 44]

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.

[Boiler 43,433]

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 January 15, 2019 by Boiler

[caligirl334 1]

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. 

[NikV 44]

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.

[Boiler 43,433]

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.

[caligirl334 1]

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. 

[Boiler 43,433]

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.

[Mollie09 1,543]

20 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.

I-864 still applies after remarriage

[EM_Vandaveer 2,369]

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.

[EM_Vandaveer 2,369]

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 January 16, 2019 by EM_Vandaveer