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Posted

Hi all, 

 

I need some advice on how to deal with my situation. My husband got his CR-1 visa and entered the US last month. However,  he decided to go back to his home country and not coming back here anymore. His green card and his SS card haven't even arrived yet. What should I do as his sponsor if I want to cancel his green card?  Should I write to USCIS to inform them that he left the country? I'm really at lost. Thanks in advance. 

Filed: AOS (apr) Country: Philippines
Timeline
Posted
29 minutes ago, dciami said:

Does it mean I'll just have to wait until his 2-year conditional green card expires by itself? 

It's not your responsibility,  it is his.

YMMV

Filed: Citizen (apr) Country: India
Timeline
Posted
9 hours ago, dciami said:

Hi all, 

 

I need some advice on how to deal with my situation. My husband got his CR-1 visa and entered the US last month. However,  he decided to go back to his home country and not coming back here anymore. His green card and his SS card haven't even arrived yet. What should I do as his sponsor if I want to cancel his green card?  Should I write to USCIS to inform them that he left the country? I'm really at lost. Thanks in advance. 

 

9 hours ago, dciami said:

Does it mean I'll just have to wait until his 2-year conditional green card expires by itself? 

I think you have a little misunderstanding. You are not on the hook. Even if you decide to end the marriage (the worst case scenario as we don't know your intentions and the full story), he won't be able to lift the conditional status after 2 years even if he decides to come back.

 

If I may ask, why do you want to cancel his Green Card so bad?

 

 

8 hours ago, payxibka said:

It's not your responsibility,  it is his.

I agree with payxibka. 

Timeline Info below:

Spoiler

04/21/16 -- Marriage

----- CR1 Process -----

USCIS Stage [222 days from NOA1]

06/08/16 -- Sent I-130

01/31/17 -- I-130 petition sent to NVC [Received Email notification and MyUscis status update]

NVC Stage [105 days from NOA2]

Embassy/Consulate (Interview) Stage [43 days from Case Complete to Visa in Hand]

05/18/17 -- Consulate Received. CEAC Case status changed to "Ready"

06/01/17 -- Medical Examination [Complete. It took around 2 hours. Total Cost INR 11650 for Surat City Apollo Clinic]

06/12/17 -- Biometric (OFC) Appointment

06/13/17 -- Interview [7:30 AM at Mumbai, India]. Visa Approved

06/15/17 -- Visa in hand

06/21/17 -- POE at DFW (Dallas, Texas)

----- Removal of Condition -----

Removal of Condition (I-751) [Approved]

06/18/2019 -- Sent the package (3 Days before GC expires, cutting it close). Sent to Lewisville, TX via FedEx Ground

06/19/2019 -- Package received at around 9:30 AM (Hoping I don't get rejected for missing deadline)

06/24/2019 -- Card was charged with $680 fees. Text Message received confirming Receipt. Case routed to NBC (Case Number starts with 'MSC')

06/28/2019 -- NOA Hard Copy & 18 Months Extension Letter Received in Mail with NOA Date as 06/19/2019

07/12/2019 -- Biomentrics Appointment Letter received. The Letter is Dated 7/5/2019. Appointment is on 7/22/2019

07/22/2019 -- Biometrics Appointment Complete

02/01/2022 -- Interview Scheduled for 3/3/2022 (combo interview)

03/03/2022 -- Interview Complete. No new Green Card will be produced as my Naturalization was also approved.

03/04/2022 -- USCIS status changed to approved.

----- Naturalization -----

Naturalization (N-400) [Approved]

03/26/2022 -- N-400 online application complete. NOA Date.

01/15/2021 -- Biometric Complete.

02/28/2022 -- Interview scheduled for 3/3/2022 (combo interview)

03/03/2022 -- Interview Passed. Status changed to 'we recommended that your application be approved...' and then to 'Oath Ceremony Will Be Scheduled'.

03/09/2022 -- Oath Ceremony was scheduled for 3/25/2022.

 

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)
24 minutes ago, Tanish said:

 

I think you have a little misunderstanding. You are not on the hook. Even if you decide to end the marriage (the worst case scenario as we don't know your intentions and the full story), he won't be able to lift the conditional status after 2 years even if he decides to come back.

 

If I may ask, why do you want to cancel his Green Card so bad?

 

 

I agree with payxibka. 

People remove conditions without the spouse (waiver) all the time.........and the sponsor (via the I-864) is on the hook until the GC holder:

  1. becomes a U.S. citizen;
  2. can be credited with 40 quarters of work;
  3. is no longer a permanent resident and has departed the U.S.;
  4. after being ordered removed seeks permanent residency based on a different I-864; or
  5. dies.

This is not a K-1 situation.  You can not withdraw your support after the spouse has his Green Card.  The ball is now in his court.....but you are legally held by the I-864 .

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: Citizen (apr) Country: India
Timeline
Posted
1 minute ago, missileman said:

Not necessarily true........People remove conditions without the spouse all the time.........and the sponsor is on the hook...........

Correct, but in this case, the beneficiary left even before the GC and Social Security Card arrived. Even if the beneficiary wants to return, and petition for ROC, he will have to get the documents from the petitioner. Also if he wants to file without the OP, he will have to meet the following, which I believe would be very difficult.

 

How to Get a Waiver of the Requirement to File a Joint Petition

If you are unable to apply with your spouse to remove the conditions on your residence, you may request a waiver of the joint filing requirement. You may request consideration of more than one waiver provision at a time.

You may request a waiver of the joint petitioning requirements if:

  • Your deportation or removal would result in extreme hardship
  • You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition
  • You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you or your child were battered by, or subjected to extreme cruelty committed by your U.S. citizen or permanent resident spouse, and you were not at fault in failing to file a joint petition

 

Timeline Info below:

Spoiler

04/21/16 -- Marriage

----- CR1 Process -----

USCIS Stage [222 days from NOA1]

06/08/16 -- Sent I-130

01/31/17 -- I-130 petition sent to NVC [Received Email notification and MyUscis status update]

NVC Stage [105 days from NOA2]

Embassy/Consulate (Interview) Stage [43 days from Case Complete to Visa in Hand]

05/18/17 -- Consulate Received. CEAC Case status changed to "Ready"

06/01/17 -- Medical Examination [Complete. It took around 2 hours. Total Cost INR 11650 for Surat City Apollo Clinic]

06/12/17 -- Biometric (OFC) Appointment

06/13/17 -- Interview [7:30 AM at Mumbai, India]. Visa Approved

06/15/17 -- Visa in hand

06/21/17 -- POE at DFW (Dallas, Texas)

----- Removal of Condition -----

Removal of Condition (I-751) [Approved]

06/18/2019 -- Sent the package (3 Days before GC expires, cutting it close). Sent to Lewisville, TX via FedEx Ground

06/19/2019 -- Package received at around 9:30 AM (Hoping I don't get rejected for missing deadline)

06/24/2019 -- Card was charged with $680 fees. Text Message received confirming Receipt. Case routed to NBC (Case Number starts with 'MSC')

06/28/2019 -- NOA Hard Copy & 18 Months Extension Letter Received in Mail with NOA Date as 06/19/2019

07/12/2019 -- Biomentrics Appointment Letter received. The Letter is Dated 7/5/2019. Appointment is on 7/22/2019

07/22/2019 -- Biometrics Appointment Complete

02/01/2022 -- Interview Scheduled for 3/3/2022 (combo interview)

03/03/2022 -- Interview Complete. No new Green Card will be produced as my Naturalization was also approved.

03/04/2022 -- USCIS status changed to approved.

----- Naturalization -----

Naturalization (N-400) [Approved]

03/26/2022 -- N-400 online application complete. NOA Date.

01/15/2021 -- Biometric Complete.

02/28/2022 -- Interview scheduled for 3/3/2022 (combo interview)

03/03/2022 -- Interview Passed. Status changed to 'we recommended that your application be approved...' and then to 'Oath Ceremony Will Be Scheduled'.

03/09/2022 -- Oath Ceremony was scheduled for 3/25/2022.

 

Filed: Citizen (apr) Country: India
Timeline
Posted
5 minutes ago, missileman said:

He has a passport with an endorsed CR-1.  He can certainly enter the US via his stamped passport.....He has status......It is HIS status..It's HIS Green Card......She can not legally prevent him from getting it.

This web site is full of successful I-751 waiver cases.......and we don't know the circumstances.......if he entered the marriage in good faith, he will , very likely, be successful..........it's in his court.

  

Which brings me back to the fact that the US spouse is "on the hook"....as of now.

I understand how my words can be misunderstood. All I was suggesting was that if he decides to return, he will have to get the documents from OP, which suggests that OP will at least know that he has returned. Also, When there are successful I-751 waivers, there are legitimate reasons, but in this case, going by the story so far, it seems unlikely that it will be established as OP's fault.

 

May be some of the veterans here can answer if there is a way to back out of AOS after the GC is issued.

Timeline Info below:

Spoiler

04/21/16 -- Marriage

----- CR1 Process -----

USCIS Stage [222 days from NOA1]

06/08/16 -- Sent I-130

01/31/17 -- I-130 petition sent to NVC [Received Email notification and MyUscis status update]

NVC Stage [105 days from NOA2]

Embassy/Consulate (Interview) Stage [43 days from Case Complete to Visa in Hand]

05/18/17 -- Consulate Received. CEAC Case status changed to "Ready"

06/01/17 -- Medical Examination [Complete. It took around 2 hours. Total Cost INR 11650 for Surat City Apollo Clinic]

06/12/17 -- Biometric (OFC) Appointment

06/13/17 -- Interview [7:30 AM at Mumbai, India]. Visa Approved

06/15/17 -- Visa in hand

06/21/17 -- POE at DFW (Dallas, Texas)

----- Removal of Condition -----

Removal of Condition (I-751) [Approved]

06/18/2019 -- Sent the package (3 Days before GC expires, cutting it close). Sent to Lewisville, TX via FedEx Ground

06/19/2019 -- Package received at around 9:30 AM (Hoping I don't get rejected for missing deadline)

06/24/2019 -- Card was charged with $680 fees. Text Message received confirming Receipt. Case routed to NBC (Case Number starts with 'MSC')

06/28/2019 -- NOA Hard Copy & 18 Months Extension Letter Received in Mail with NOA Date as 06/19/2019

07/12/2019 -- Biomentrics Appointment Letter received. The Letter is Dated 7/5/2019. Appointment is on 7/22/2019

07/22/2019 -- Biometrics Appointment Complete

02/01/2022 -- Interview Scheduled for 3/3/2022 (combo interview)

03/03/2022 -- Interview Complete. No new Green Card will be produced as my Naturalization was also approved.

03/04/2022 -- USCIS status changed to approved.

----- Naturalization -----

Naturalization (N-400) [Approved]

03/26/2022 -- N-400 online application complete. NOA Date.

01/15/2021 -- Biometric Complete.

02/28/2022 -- Interview scheduled for 3/3/2022 (combo interview)

03/03/2022 -- Interview Passed. Status changed to 'we recommended that your application be approved...' and then to 'Oath Ceremony Will Be Scheduled'.

03/09/2022 -- Oath Ceremony was scheduled for 3/25/2022.

 

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)
10 minutes ago, Tanish said:

May be some of the veterans here can answer if there is a way to back out of AOS after the GC is issued.

I listed the ways the legal agreement ends......already......

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: Citizen (apr) Country: India
Timeline
Posted
1 minute ago, missileman said:

I listed the ways the legal agreement ends......already......

But, the beneficiary in this case is still a permanent resident, isn't he? According to your list, OP will still be on the hook for 2 years (assuming the beneficiary doesn't return to US in those 2 years)

Please correct me if I am wrong. 

Timeline Info below:

Spoiler

04/21/16 -- Marriage

----- CR1 Process -----

USCIS Stage [222 days from NOA1]

06/08/16 -- Sent I-130

01/31/17 -- I-130 petition sent to NVC [Received Email notification and MyUscis status update]

NVC Stage [105 days from NOA2]

Embassy/Consulate (Interview) Stage [43 days from Case Complete to Visa in Hand]

05/18/17 -- Consulate Received. CEAC Case status changed to "Ready"

06/01/17 -- Medical Examination [Complete. It took around 2 hours. Total Cost INR 11650 for Surat City Apollo Clinic]

06/12/17 -- Biometric (OFC) Appointment

06/13/17 -- Interview [7:30 AM at Mumbai, India]. Visa Approved

06/15/17 -- Visa in hand

06/21/17 -- POE at DFW (Dallas, Texas)

----- Removal of Condition -----

Removal of Condition (I-751) [Approved]

06/18/2019 -- Sent the package (3 Days before GC expires, cutting it close). Sent to Lewisville, TX via FedEx Ground

06/19/2019 -- Package received at around 9:30 AM (Hoping I don't get rejected for missing deadline)

06/24/2019 -- Card was charged with $680 fees. Text Message received confirming Receipt. Case routed to NBC (Case Number starts with 'MSC')

06/28/2019 -- NOA Hard Copy & 18 Months Extension Letter Received in Mail with NOA Date as 06/19/2019

07/12/2019 -- Biomentrics Appointment Letter received. The Letter is Dated 7/5/2019. Appointment is on 7/22/2019

07/22/2019 -- Biometrics Appointment Complete

02/01/2022 -- Interview Scheduled for 3/3/2022 (combo interview)

03/03/2022 -- Interview Complete. No new Green Card will be produced as my Naturalization was also approved.

03/04/2022 -- USCIS status changed to approved.

----- Naturalization -----

Naturalization (N-400) [Approved]

03/26/2022 -- N-400 online application complete. NOA Date.

01/15/2021 -- Biometric Complete.

02/28/2022 -- Interview scheduled for 3/3/2022 (combo interview)

03/03/2022 -- Interview Passed. Status changed to 'we recommended that your application be approved...' and then to 'Oath Ceremony Will Be Scheduled'.

03/09/2022 -- Oath Ceremony was scheduled for 3/25/2022.

 

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
Just now, Tanish said:

But, the beneficiary in this case is still a permanent resident, isn't he? According to your list, OP will still be on the hook for 2 years (assuming the beneficiary doesn't return to US in those 2 years)

Please correct me if I am wrong. 

He is a legal resident until he voluntarily surrenders his status...or an immigration judge orders revocation of status.   The sponsor is legally bound until one of the things on the list occurs. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: F-2A Visa Country: Nepal
Timeline
Posted
10 hours ago, dciami said:

Hi all, 

 

I need some advice on how to deal with my situation. My husband got his CR-1 visa and entered the US last month. However,  he decided to go back to his home country and not coming back here anymore. His green card and his SS card haven't even arrived yet. What should I do as his sponsor if I want to cancel his green card?  Should I write to USCIS to inform them that he left the country? I'm really at lost. Thanks in advance. 

If he is really not coming back, you can simply write “Return to Sender, Recipient doesn’t live here” on the his mails envelope you get and hand over those to USPS. They will be returned back to wherever they came from. Don’t worry about cancellation which you can’t so anyway.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Filed: Citizen (apr) Country: India
Timeline
Posted
1 minute ago, missileman said:

He is a legal resident until he voluntarily surrenders his status...or an immigration judge orders revocation of status.   The sponsor is legally bound until one of the things on the list occurs. 

Hmm, so in short there is no way to back out of AOS, right? that sucks

Timeline Info below:

Spoiler

04/21/16 -- Marriage

----- CR1 Process -----

USCIS Stage [222 days from NOA1]

06/08/16 -- Sent I-130

01/31/17 -- I-130 petition sent to NVC [Received Email notification and MyUscis status update]

NVC Stage [105 days from NOA2]

Embassy/Consulate (Interview) Stage [43 days from Case Complete to Visa in Hand]

05/18/17 -- Consulate Received. CEAC Case status changed to "Ready"

06/01/17 -- Medical Examination [Complete. It took around 2 hours. Total Cost INR 11650 for Surat City Apollo Clinic]

06/12/17 -- Biometric (OFC) Appointment

06/13/17 -- Interview [7:30 AM at Mumbai, India]. Visa Approved

06/15/17 -- Visa in hand

06/21/17 -- POE at DFW (Dallas, Texas)

----- Removal of Condition -----

Removal of Condition (I-751) [Approved]

06/18/2019 -- Sent the package (3 Days before GC expires, cutting it close). Sent to Lewisville, TX via FedEx Ground

06/19/2019 -- Package received at around 9:30 AM (Hoping I don't get rejected for missing deadline)

06/24/2019 -- Card was charged with $680 fees. Text Message received confirming Receipt. Case routed to NBC (Case Number starts with 'MSC')

06/28/2019 -- NOA Hard Copy & 18 Months Extension Letter Received in Mail with NOA Date as 06/19/2019

07/12/2019 -- Biomentrics Appointment Letter received. The Letter is Dated 7/5/2019. Appointment is on 7/22/2019

07/22/2019 -- Biometrics Appointment Complete

02/01/2022 -- Interview Scheduled for 3/3/2022 (combo interview)

03/03/2022 -- Interview Complete. No new Green Card will be produced as my Naturalization was also approved.

03/04/2022 -- USCIS status changed to approved.

----- Naturalization -----

Naturalization (N-400) [Approved]

03/26/2022 -- N-400 online application complete. NOA Date.

01/15/2021 -- Biometric Complete.

02/28/2022 -- Interview scheduled for 3/3/2022 (combo interview)

03/03/2022 -- Interview Passed. Status changed to 'we recommended that your application be approved...' and then to 'Oath Ceremony Will Be Scheduled'.

03/09/2022 -- Oath Ceremony was scheduled for 3/25/2022.

 

 
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