CR-1 Green card and SSN cancellation

[payxibka 10,044]

3 minutes ago, arken said:

Yeah but USCIS won’t do something out of written rules.

 

Calling NVC does not help in anyway. NVC is just a processing center of visa petitions forwarded by USCIS.

In addition calling the consulate will be a dead end because they're done with the case

[JMPM 507]

I can't believe how people still are dismayed by the advised that is given. It's given by multiple people the same statements. Yet you have people coming from the blue trying to give some glimmer of a chance of it being different. 

 

Surprised the thread isn't closed yet. 

[RCable 75]

8 minutes ago, CSTSLP said:

There is nothing in what I said that is untrue.  I'm sorry.  I am not claiming to be an expert in this situation at all.  In fact, I have said, multiple times to call either the USCIS or NVC and ask them.  How is that Untrue exactly?  I'm not stating that what you all are saying is true or false but I am saying it is NOT OUR PLACE TO SAY IT as you could be giving wrong advice.

 

And do a google search on 2 year green cards, it states provisional, not permanent, everywhere.  It also states you have to show a bonified marriage at the end of the 2 years.  FYI, this was also told to me by our attorney.  Now could they still approve him, absolutely.  There is nothing set in stone when it comes to dealing with the government.   

To save everyone the trouble...

 

In 2007 I married an English man and went through the whole immigration process once before in order to bring him to the US. We were married for 2 years before I brought him over, so he had the 10 year green card. We separated in 2014 and divorced in 2016. 

I DID call the USCIS and they made it very clear that there is nothing that I can do. The government does not want responsibility for him AND they will not take that responsibility. That's why they made me responsible for him. It's one of the risks of doing this. And it's why it's very important to read and understand everything you're getting yourself into. 

USCIS told me that if he had the 2 year, I may have had some luck there at the end of the 2 years. But even that was only a chance, because it's up to the person with the green card to prove that they have a reason to remain in the states. But, since he already had his IR, I was, in fact, legally & financially responsibly for him until the 10 years were up or he files for citizenship. And, there is nothing I can do about that. I also asked a lawyer if there was anything I could do, but it's a binding contract. 

The OP will be responsible for their spouse until the 2 years is up. And they have to hope that he can't go through AOS at the end of it. But they signed a legally binding contract. 

But, they should still notify USCIS. Why? Because you have to let USCIS know of your address as an immigrant in the US. and every time you move, you have to notify them. Since she's responsible for him, she should let USCIS know that his address changed, even if it is outside of the US.

[Unlockable 7,306]

2 minutes ago, CSTSLP said:

There is nothing in what I said that is untrue.  I'm sorry.  I am not claiming to be an expert in this situation at all.  In fact, I have said, multiple times to call either the USCIS or NVC and ask them.  How is that Untrue exactly?  I'm not stating that what you all are saying is true or false but I am saying it is NOT OUR PLACE TO SAY IT as you could be giving wrong advice.

 

And do a google search on 2 year green cards, it states provisional, not permanent, everywhere.  It also states you have to show a bonified marriage at the end of the 2 years.  FYI, this was also told to me by our attorney.  Now could they still approve him, absolutely.  There is nothing set in stone when it comes to dealing with the government.   

 

Quote

There is nothing in what I said that is untrue.

Yes, there are things that are not true your previous statements. Here are a few...

 

Quote

Again, we are NOT the ones making this decision.  She needs to call USCIS and let them make that decision. 

Decision on what? They will not need to make a decision because a decision is already made. There is no sign of abandonment unless he does so himself.

 

Quote

You can say all day long that he has to cancel it but unless you work for the USCIS, which I highly doubt...then you can only speculate. 

This is not true. A green card holder can surrender their green card. Here is the official steps..https://www.uscis.gov/i-407.

 Another person (be it spouse or other relative) does not have the legal authority to cancel a person's green card when it has been approved and issued. What they can do is notify immigration of fraud. And fraud requires substantial evidence to back it up to have the green card revoking procedure to begin.

 

Quote

He still has to meet the criteria for a bonified marriage at the end of the two year. 

This is correct.

 

Quote

Obviously, he won't be able to do that because he won't be in the States. 

And this is where you went wrong. How do you know this? You claimed we are the ones speculating speculating in one of your replies but here you are speculating. How do you know he will not return next week? How do you know he will not be knocking on OP's door with flowers saying he made a mistake because the whole process intimated him and he was homesick? In two years you, nor any of us, will know where he would be.

 

Quote

I also know there are exceptions to every rule. 

Not in this case.
 

Quote

So, OP, the best advice is to call the USCIS and let them tell you what to do.

 

She can call. But they will only tell her the same thing we are saying.

 

But lastly,

Quote

I am saying it is NOT OUR PLACE TO SAY IT as you could be giving wrong advice.

VisaJourney has a policy where we allow people to post advice and opinions. People know that the advice on here is not legal advice. But that does not mean the members can not give advice. VJ has a strict policy on insinuating or telling others not to post their opinions or advice as long as it is not derogatory or abusive. To say "It is not our place to say" is frankly bordering on limiting the opinions of others. The OP should take the advice on here as they would a stranger on the streets. But if there are no terms of service violations, people can still speak their opinions.

[arken 4,197]

39 minutes ago, CSTSLP said:

OP, I stated to call the USCIS but it may be the NVC you really need to call...good luck to you and best wishes.

 

26 minutes ago, CSTSLP said:

There is nothing in what I said that is untrue.  I'm sorry.  I am not claiming to be an expert in this situation at all.  In fact, I have said, multiple times to call either the USCIS or NVC and ask them.  How is that Untrue exactly?  I'm not stating that what you all are saying is true or false but I am saying it is NOT OUR PLACE TO SAY IT as you could be giving wrong advice.

 

And do a google search on 2 year green cards, it states provisional, not permanent, everywhere.  It also states you have to show a bonified marriage at the end of the 2 years.  FYI, this was also told to me by our attorney.  Now could they still approve him, absolutely.  There is nothing set in stone when it comes to dealing with the government.   

Completely agreed with your wrong advice statement. Suggesting OP to call NVC is like sending a person to an airport duty free shopping when asked for direction to a shopping mall in a city.

[Amadia 711]

33 minutes ago, CSTSLP said:

I am saying it is NOT OUR PLACE TO SAY IT as you could be giving wrong advice.

No person is giving wrong advice. I even copied details off USCIS website showing what happens after a person signs an Affidavit of Support....you know, that legally binding document for sponsorship and such.

See Responsibilities of a Sponsor  https://www.uscis.gov/greencard/affidavit-support

 

33 minutes ago, CSTSLP said:

FYI, this was also told to me by our attorney

We have come across MANY attorneys who are not versed in Immigration law and try giving advice to persons who have retained them only to realize that info given was grossly inaccurate. 

 

I'll say this: We all have our own idea about how things SHOULD go but it does not always go the way we want it to go. It is unfortunate that the OP is stuck and on the hook for supporting the spouse but divorcing and moving on can give the OP peace of mind.

One thing that can work in OP's favor is if the spouse tries to fly back to the US and CBP officers at the airport intercept him for random inspection and start questioning him about his visit and where he lives in the US etc. If he gives his spouse's contact # to the CBP officer, they can call and then get OP's side of the story that they have separated and he left the country so he has no US address. Then questions will arise as to why he left etc and they could deem him inadmissible to the US based on his abandoning residency, etc.

 

If you have Netflix, take a look at the series Border Security - America's Front Line.....VERY interesting stuff!  

[nastra30 1,968]

58 minutes ago, CSTSLP said:

OP, I stated to call the USCIS but it may be the NVC you really need to call...good luck to you and best wishes.

Call them for what? You are clueless about how immigration works. In fact, this very second they are still married so what will USCIS or NVC do?

[nastra30 1,968]

51 minutes ago, CSTSLP said:

There is nothing in what I said that is untrue.  I'm sorry.  I am not claiming to be an expert in this situation at all.  In fact, I have said, multiple times to call either the USCIS or NVC and ask them.  How is that Untrue exactly?  I'm not stating that what you all are saying is true or false but I am saying it is NOT OUR PLACE TO SAY IT as you could be giving wrong advice.

 

And do a google search on 2 year green cards, it states provisional, not permanent, everywhere.  It also states you have to show a bonified marriage at the end of the 2 years.  FYI, this was also told to me by our attorney.  Now could they still approve him, absolutely.  There is nothing set in stone when it comes to dealing with the government.   

Conditional residency is still Legal Resident with a 2 year to remove condition.

Edited June 25, 2019 by nastra30

[TE and AE 39]

6 minutes ago, Unlockable said:

 

Yes, there are things that are not true your previous statements. Here are a few...

 

Decision on what? They will not need to make a decision because a decision is already made. There is no sign of abandonment unless he does so himself.

The decision to say it's not their responsibility or that the OP is on the hook or whatever.  Look, you are being very technical with what you are trying to prove.  Good for you, but you miss the entire point of my comments.  I am not saying one way or another whose responsibility it is.  I contend that it's not our place to do so.

6 minutes ago, Unlockable said:

This is not true. A green card holder can surrender their green card. Here is the official steps..https://www.uscis.gov/i-407.

 Another person (be it spouse or other relative) does not have the legal authority to cancel a person's green card when it has been approved and issued. What they can do is notify immigration of fraud. And fraud requires substantial evidence to back it up to have the green card revoking procedure to begin.

 

This is correct.

Okay so what, again you miss the point.

6 minutes ago, Unlockable said:

And this is where you went wrong. How do you know this? You claimed we are the ones speculating speculating in one of your replies but here you are speculating. How do you know he will not return next week? How do you know he will not be knocking on OP's door with flowers saying he made a mistake because the whole process intimated him and he was homesick? In two years you, nor any of us, will know where he would be.

You are correct, I am speculating.  But this is taken out of context.  And yes, he could return next week, year, whenever.  I was looking at the I864 and it states in the first paragraph I believe that as the sponsor, you may be held responsible for fees.  Notice the word may.  That's the government's way of getting out of things.

6 minutes ago, Unlockable said:

Not in this case.
 

She can call. But they will only tell her the same thing we are saying.

 

But lastly,

VisaJourney has a policy where we allow people to post advice and opinions. People know that the advice on here is not legal advice. But that does not mean the members can not give advice. VJ has a strict policy on insinuating or telling others not to post their opinions or advice as long as it is not derogatory or abusive. To say "It is not our place to say" is frankly bordering on limiting the opinions of others. The OP should take the advice on here as they would a stranger on the streets. But if there are no terms of service violations, people can still speak their opinions.

LOL.  I will say this, opinions are opinions but when you start acting like you are the absolute authority on an issue, I would say that's a problem.  You have not stated that you are an attorney or a representative of the US Government; yet your comments, respectfully sound like you are.  You've made no disclaimer to this.  If it's simply real life experience, then it should be labeled as such.   This shows it is simply an opinion based on your real life experience.  But again, I'm not disagree or agreeing.

 

I concede I don't know everything about this topic, but certainly I wouldn't take your advice as absolute.  When people talk in absolutes, it's dangerous.  That was what I was really trying to say is that the OP should make some phone calls.  Yes, I will agree that the outcome might not change, but if she doesn't try and relies solely on your advice, then it absolutely won't change.  Calling the USCIS costs her nothing and might give her some piece of mind knowing she's tried everything.  Not calling, well me, I would always wonder.

 

Have a good one.

[nastra30 1,968]

37 minutes ago, RCable said:

To save everyone the trouble...

 

In 2007 I married an English man and went through the whole immigration process once before in order to bring him to the US. We were married for 2 years before I brought him over, so he had the 10 year green card. We separated in 2014 and divorced in 2016. 

I DID call the USCIS and they made it very clear that there is nothing that I can do. The government does not want responsibility for him AND they will not take that responsibility. That's why they made me responsible for him. It's one of the risks of doing this. And it's why it's very important to read and understand everything you're getting yourself into. 

USCIS told me that if he had the 2 year, I may have had some luck there at the end of the 2 years. But even that was only a chance, because it's up to the person with the green card to prove that they have a reason to remain in the states. But, since he already had his IR, I was, in fact, legally & financially responsibly for him until the 10 years were up or he files for citizenship. And, there is nothing I can do about that. I also asked a lawyer if there was anything I could do, but it's a binding contract. 

The OP will be responsible for their spouse until the 2 years is up. And they have to hope that he can't go through AOS at the end of it. But they signed a legally binding contract. 

But, they should still notify USCIS. Why? Because you have to let USCIS know of your address as an immigrant in the US. and every time you move, you have to notify them. Since she's responsible for him, she should let USCIS know that his address changed, even if it is outside of the US.

That's up to the person him/herself to notify; not another person.

Edited June 25, 2019 by nastra30

[TE and AE 39]

19 minutes ago, nastra30 said:

Call them for what? You are clueless about how immigration works. In fact, this very second they are still married so what will USCIS or NVC do?

As I stated, many, many times, I am no expert.  But if you want to attack me for stating I'm not an expert, then go ahead if makes you feel like you are.  Calling the USCIS or NVC were suggestions by a non-expert.  Doing nothing as those of you have suggested, to me is not logical.  Have a good day. 

[Amadia 711]

Maybe this thread needs to be locked since OP got their answer and members are now bickering about the legal ramifications of USCIS and personal opinions, experts and non-experts, lawyers and the like. 

[usmsbow 795]

15 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. 

 

Well I realize one should "never say never" and I don't know your situation whatsoever, but if he went back to Indonesia I suspect he has no interest in returning here. His residency status here probably won't become an issue for you. It could be potentially more problematic if he left you but remained in the USA. 

 

Anyway, I'm sorry things didn't work out for you. 

[Ontarkie 13,902]

~~Moved to Effects of Major Family Changes, from Ir1/CR1 - As the OP's spouse has already entered the US (and Left). Thread also locked as argumentative posts have derail this thread. The OP has been given all the advice that can be given.~~