How to End relationship

[treppenwitz 78]

4 hours ago, username_taken said:

The OP needs to be aware pulling the 864 means he has no way to get a GC and that many people in that situation often are desperate and will file false claims of abuse in order to get a GC through VAWA.

What if someone else files a different I-864 (e.g. the immigrant's USC or LPR family member or friend)? Or is not possible to still pursue the AOS as mentioned in the USCIS Policy Manual? 

Quote

Marriage Legally Terminated

A nonimmigrant fiancé(e) who contracts a valid and bona fide marriage to the U.S. citizen petitioner within the requisite 90-day time period remains eligible to adjust status on that basis, even if the marriage is legally terminated (whether by death, dissolution, or divorce) prior to adjustment of status and regardless of whether the nonimmigrant fiancé(e) remarries thereafter. The applicant remains subject to all conditional permanent residency requirements, if applicable.

 

[Mrsjackson 300]

Someone already mentioned how hard the first year is, and man do I agree! So husband and I got in a really bad argument some months ago. We’re in a better place, but the first year of marriage has been rocky to say the least. Long story short the cops showed up to our home to check on things. He wanted me to leave (well not really, he was just angry and saying that) and I wanted him to leave (really I did haha). We rent right now and I’m not on the lease (yet). Cops said we can’t make either of you leave because you’re MARRIED. If one of you is on the lease you both might as well be. It kind of has to be this way because it’s inevitable a married couple will get into arguments from time to time and if these laws weren’t in place then spouses all over the country would be getting booted out of their homes left, right and center. No, I’m sorry OP you married this guy and although you absolutely have every right to leave your marriage you are still going to have to face the consequences and the seriousness of the decision you made to get married. It might not be as easy to extricate yourself from this person as you would like because you’re not just dating. You brought the government into your union. So you don’t get to just decide actually no thanks and throw him out with not a single person in the whole country to turn to for help. This is why it’s really important to be sure about getting married. 

 

Withdraw the 864 asap. You should make arrangements to leave. No it’s not fair but again, consequences. You’re just going to have to deal with this in the smartest way possible now and dig yourself out of the hole. Once you’re no longer residing together inform your spouse you withdrew the 864 and he has no chance of getting a green card. Hopefully this will motivate him to make arrangements to move on with his life. 

Edited April 4, 2019 by Mrsjackson

[Villanelle 4,121]

38 minutes ago, treppenwitz said:

What if someone else files a different I-864 (e.g. the immigrant's USC or LPR family member or friend)? Or is not possible to still pursue the AOS as mentioned in the USCIS Policy Manual? 

 

I don't know where you pulled the above quote from since you didn't link it. Regardless a K beneficiary can still AOS after a divorce IF they meet all the other requirements. One is having an 864 as the primary sponsor from the K petitioner. (The USC spouse or ex spouse if they divorced before AOS was completed).

[nastra30 2,001]

2 hours ago, treppenwitz said:

What if someone else files a different I-864 (e.g. the immigrant's USC or LPR family member or friend)? Or is not possible to still pursue the AOS as mentioned in the USCIS Policy Manual? 

 

 

2 hours ago, treppenwitz said:

  Quote

Marriage Legally Terminated

A nonimmigrant fiancé(e) who contracts a valid and bona fide marriage to the U.S. citizen petitioner within the requisite 90-day time period remains eligible to adjust status on that basis, even if the marriage is legally terminated (whether by death, dissolution, or divorce) prior to adjustment of status and regardless of whether the nonimmigrant fiancé(e) remarries thereafter. The applicant remains subject to all conditional permanent residency requirements, if applicable.

 

2 hours ago, username_taken said:

I don't know where you pulled the above quote from since you didn't link it. Regardless a K beneficiary can still AOS after a divorce IF they meet all the other requirements. One is having an 864 as the primary sponsor from the K petitioner. (The USC spouse or ex spouse if they divorced before AOS was completed).

@treppenwitz pulled quote from here:

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter7.html#footnote-18

 

The K1 beneficiary may be able to AOS if they can proof marriage was bonafide. In this case marriage was bonafide. However, OP should still pull I-864 and not be on the hook for that, and leave him alone to his life after divorce is settled.

 

[Mr. Data 26]

I always wonder what people are looking to get out of threads like this. OP you are already in touch with lawyers on the divorce. Consult an immigration lawyer if you want to halt is process and pull the 864. 

 

There is no silver bullet. 

[Villanelle 4,121]

5 hours ago, nastra30 said:

 

 

@treppenwitz pulled quote from here:

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter7.html#footnote-18

 

The K1 beneficiary may be able to AOS if they can proof marriage was bonafide. In this case marriage was bonafide. However, OP should still pull I-864 and not be on the hook for that, and leave him alone to his life after divorce is settled.

 

Are we really going to have a debate on this? You seem to have glossed over the important part of my post... Yes, AOS is possible for a K who divorces BUT and its the important part- THEY STILL NEED THE 864 from the ex spouse as the primary sponsor. No 864 from her means NO AOS even if it was bonafide. Period. You can not pick and choose one policy and ignore the rest.

Edited April 4, 2019 by username_taken

[nastra30 2,001]

1 hour ago, username_taken said:

Are we really going to have a debate on this? You seem to have glossed over the important part of my post... Yes, AOS is possible for a K who divorces BUT and its the important part- THEY STILL NEED THE 864 from the ex spouse as the primary sponsor. No 864 from her means NO AOS even if it was bonafide. Period. You can not pick and choose one policy and ignore the rest.

I don't even know what you are fretting about. Did you read what I posted.

[treppenwitz 78]

1 hour ago, username_taken said:

Are we really going to have a debate on this?

Not debating, just seeking knowledge. Maybe @geowrian, @Hypnos, etc can address my curious questions below

1 hour ago, username_taken said:

THEY STILL NEED THE 864 from the ex spouse as the primary sponsor.

Just confused on how a dead US spouse's then voided I-864 is treated differently than an ex- US spouse's withdrawn I-864?

Quote

even if the marriage is legally terminated (whether by death, dissolution, or divorce) prior to adjustment of status

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter7.html

[geowrian 22,336]

I haven't been following this thread, sorry (recovering from major surgery still). So, sorry if I missed what the debate is about and I'm just answering questions that weren't asked.

 

A K-1 visa holder can AOS even with divorce as has been determined in Matter of Sesay. However, they must prove that not only the marriage was bona fide (a hard showing), but it still requires as I-864 from the original petitioner.

 

A withdrawn I-864 means the I-864 was retracted before the intending immigrant obtained permanent residency. As such, it was never executed.

A terminated I-864 would occur, for instance, if the sponsor passed away after the beneficiary obtained permanent residency.

 

Anyway, an I-864 from the petitioner is required to complete AOS. No way around that (barring some special immigrant circumstances like VAWA).

Edited April 4, 2019 by geowrian

[nastra30 2,001]

15 minutes ago, treppenwitz said:

Just confused on how a dead US spouse's then voided I-864 is treated differently than an ex- US spouse's withdrawn I-864?

I agree with @geowrian, as long as the I-864 was properly filed by petitioner before their death, then K-1 beneficiary can adjust unless the I-864 was pulled before the petitioner died. Similar to divorce, as long as petitioner has properly filed I-864 then the beneficiary can adjust unless the I-864 is pulled before AOS the application is adjudicated. 

[treppenwitz 78]

58 minutes ago, geowrian said:

A withdrawn I-864 means the I-864 was retracted before the intending immigrant obtained permanent residency. As such, it was never executed.

A terminated I-864 would occur, for instance, if the sponsor passed away after the beneficiary obtained permanent residency.

Isn't the following type of I-864 also not executed: USC petitioner dies before AOS is approved (not after). The petitioner did not withdraw the I-864.

Quote

even if the marriage is legally terminated (whether by death, dissolution, or divorce) prior to adjustment of status

Can AOS continue in that scenario? Or is the immigrant SOL?

Edited April 4, 2019 by treppenwitz

[C90 376]

5 hours ago, treppenwitz said:

Just confused on how a dead US spouse's then voided I-864 is treated differently than an ex- US spouse's withdrawn I-864?

Because death is not by choice and divorce is... 

Death is something the spouse can't prevent (even if it's suicide), divorce on the other hand is. If you get a divorce, it simply means things didn't work out like you hoped they would.

[C90 376]

4 hours ago, treppenwitz said:

Isn't the following type of I-864 also not executed: USC petitioner dies before AOS is approved (not after). The petitioner did not withdraw the I-864.

Can AOS continue in that scenario? Or is the immigrant SOL?

USCIS website:

 

Green Card for a Widow(er) of a U.S. Citizen

Widows or widowers who were married to U.S. citizens at the time of the citizen’s death may apply for a Green Card.

Until Oct. 28, 2009, you had to have been married to the deceased citizen for at least two years at the time of the deceased citizen’s death, in order to immigrate as the widow(er) of a citizen. Congress removed this requirement, effective Oct. 28, 2009.

To immigrate as the widow(er) of a citizen, you must prove that you were legally married to the citizen, and that you entered the marriage in good faith, and not solely to obtain an immigration benefit.

Edited April 4, 2019 by C90

[Hypnos 6,576]

5 hours ago, nastra30 said:

I agree with @geowrian, as long as the I-864 was properly filed by petitioner before their death, then K-1 beneficiary can adjust unless the I-864 was pulled before the petitioner died

Not quite. Their death would void the I-864, but the surviving K-1 spouse would still be able to adjust status as a widow/er of a US citizen. They would complete an I-864W ("waiver") which is a simple one-page form that indicates no I-864 is necessary. Widows and widowers qualify to file it in lieu of an I-864.

[treppenwitz 78]

6 hours ago, treppenwitz said:

Maybe @geowrian, @Hypnos, etc can address my curious questions below

@geowrian, @Hypnos, etc: Earlier in Page 2 of the thread, the Cuban Adjustment Act of 1966 (CAA) was mentioned. Is that viable for Cubans that enter with K-1s and are physically present in the US for 1 year? I.e. they are now divorced or they married after the 90 days, etc.

Edited April 4, 2019 by treppenwitz