Learned Fiance has an Arrest Warrant for a Serious Criminal Offense

[Crazy Cat 39,665]

23 minutes ago, Jane1122 said:

When I spoke to my lawyer, she mentioned something about the I-864 not being applicable anymore.  I need to go over my notes when I get home.

 

I am not sure if its because she is working already, or as another user mentioned she already has her green card.

The only way it would not be in force if she gained 40 quarters of work credit.  Please let us know what your notes say.  Having a Green Card would not negate the obligation, nor would the fact that she is working. 

[JeanneAdil 6,255]

1 hour ago, Jane1122 said:

When I spoke to my lawyer, she mentioned something about the I-864 not being applicable anymore.  I need to go over my notes when I get home.

 

I am not sure if its because she is working already, or as another user mentioned she already has her green card.

lawyer is wrong

you are responsible for the I 864 for 10 years 

 

page 13 of the I 864 instrucitons

https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf

 

How Long Does My Obligation as a Sponsor Continue?

Your obligation to support the immigrants you are sponsoring in this Affidavit of Support will continue until the sponsored immigrant becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work in the United States. Although 40 qualifying quarters of work (credits) generally equates to 10 years of work, in certain cases the work of a spouse or parent adds qualifying quarters. The Social Security Administration can provide information on how to count qualifying quarters (credits) of work. The obligation also ends if you or the sponsored immigrant dies or if the sponsored immigrant ceases to be a lawful permanent resident. Divorce does not end the sponsorship obligation.

 

And what can police do?

they do have access to computers and Interpol 

they do respect another country's arrest warrant

they hold the person while the country gets extradition order

 

[Timona 3,970]

Tough one. But if she's on interpol, soon enough, they'll link it to your address. "Ooo shoopp, here she is. She went to US, got a GC at this office. Here's her number and her hubby's and their address."

 

Honestly, if she's on interpol AND you now became aware, I'd call it in. Why? You won't be able to wiggle your way later when interpol comes knocking and they ask when you knew and why you didn't report as soon as you knew. And just like that, her problem became yours. 

 

If I were you, I'd call it in. I'm sure local police have connection to interpol. And then get a divorce while she's going in. Easy divorce that way.

 

P.S. Doing it as I suggested may be a blessing and dislodge you from that I-864 obligation. Why? You divorce and she may be forced into signing I-407 on her way out. 

Edited January 26 by Timona

[Amunah 61]

He can choose to testify but he cannot be compelled to, because he is her spouse. But that is another pair of boots.  

[SalishSea 16,903]

5 hours ago, Jane1122 said:

 

Passport? She currently has a green card which was valid for 2 years, it expires next year.  She has her passport from her home country.

If she is here on a green card, why would she need another visa?  Your post doesn't make sense.

 

Very, very odd also that she was able to obtain a visa with that criminal history, as the US consulate would have done their background checks as they do for all immigrant visa applicants.  Something does not really add up here.

Edited January 26 by SalishSea

[Family 3,555]

8 hours ago, Jane1122 said:

as I believe this arrest warrant is visible on Interpol.

Print out the Interpol Poster , add copy of spouses green card and mail it to ICE/FBI/local police  and interpol. …if you no longer want to be their ride or die….

The charges from home country are definitely pre LPR and both you and the US got played .

 

 

https://www.interpol.int/en/How-we-work/Notices/Red-Notices/View-Red-Notices

[PGA 224]

6 hours ago, JeanneAdil said:

lawyer is wrong

you are responsible for the I 864 for 10 years 

Wrong...sponsor is responsible indefinitely....this 10 year thing I see on here all the time is just wrong. It is only 10 years if they are working a job to earn the needed SSA credits, or they become a citizen. Other than that, the sponsor is on the hook.

 

From my I-864:

When Will These Obligations End? Your obligations under a Form I-864 that you signed will end if the person who becomes a lawful permanent resident based on that affidavit:

A. Becomes a U.S. citizen;

B. Has worked, or can receive credit for, 40 quarters of coverage under the Social Security Act;

C. No longer has lawful permanent resident has departed the United States;
D. Is subject to removal, but applies for and obtains, in removal proceedings, a new grant of adjustment of status, based on a new affidavit of support, if one is required; or
E. Dies.

Edited January 26 by PGA

[mytruelove18 607]

10 hours ago, SalishSea said:

If she is here on a green card, why would she need another visa?  Your post doesn't make sense.

 

Very, very odd also that she was able to obtain a visa with that criminal history, as the US consulate would have done their background checks as they do for all immigrant visa applicants.  Something does not really add up here.

Exactelly, how she hot a visa with criminal history? Somthing doesnt sound right here.

Us consulate wont issued a visa to people with criminal charges pending.

[MarJhi 925]

16 hours ago, Jane1122 said:

This and several other issues that have cometo light have led to several issues between us to the point where I am now considering a divorce.

My question is outside of the arrest warrant, would you still be seeking a divorce and for what reason? Is your goal to have them sent back home or just have them exit your life whether they remain in the US or not? Sometimes people are looking for that magic bullet that they think can absolve them of their obligations. Feels like the relationship isn't what you had hoped it would be and you are hoping to wash your hands of the whole matter and would like to be released from the responsibilities you signed up for. 

[appleblossom 1,466]

54 minutes ago, mytruelove18 said:

Exactelly, how she hot a visa with criminal history? Somthing doesnt sound right here.

Us consulate wont issued a visa to people with criminal charges pending.

Only if she was honest though. If she hadn’t been convicted of anything then her police cert would have been clear, and so they’d only have known about it if she was honest when answering the question about any potential charges. And if she did something serious enough to warrant Interpol getting involved, and didn’t tell her spouse about it, I very much doubt she’d have ticked yes to that question on the form. 

[Timona 3,970]

31 minutes ago, appleblossom said:

Only if she was honest though. If she hadn’t been convicted of anything then her police cert would have been clear, and so they’d only have known about it if she was honest when answering the question about any potential charges. And if she did something serious enough to warrant Interpol getting involved, and didn’t tell her spouse about it, I very much doubt she’d have ticked yes to that question on the form. 

 

Amd again, in some countries, anything can be bought. OP hasn't given us the country. So, we can't narrow down further. 

[Amunah 61]

1 hour ago, MarJhi said:

My question is outside of the arrest warrant, would you still be seeking a divorce and for what reason? Is your goal to have them sent back home or just have them exit your life whether they remain in the US or not? Sometimes people are looking for that magic bullet that they think can absolve them of their obligations. Feels like the relationship isn't what you had hoped it would be and you are hoping to wash your hands of the whole matter and would like to be released from the responsibilities you signed up for. 

Ugh. On point. Thank you. 

[davidvs 320]

2 hours ago, mytruelove18 said:

Exactelly, how she hot a visa with criminal history? Somthing doesnt sound right here.

Us consulate wont issued a visa to people with criminal charges pending.

If she left(fled) her home country after committing the crime(s) but before investigation started/charges brought, there would be no record of the crime and she would be able to get the visa.

[Bob in Boston 630]

I will answer this as if it was me this happened too. Some people have different ideas of what is acceptable behavior. If I brought a wife here and she had a past she didnt disclose to me I would question her honesty and the real reason she wanted to come here. You didnt say if this crime was violent (if it was sleep with one eve open) or moral (if so watch your assets) or drug related ( watch out for those drivebys) sooner or later this is all going to catch up with her. I would wish her well and leave her to her own Drama. She owns this not you and not being honest with you creates some real serious trust issues. Nothing in the law says you got to Rat them out so let her go to solve her problem her way. just because she has a warrant does not mean the country will extradite so turning her in will do nothing in that case. Not knowing the crime I would still make the same decision as she is dishonest and could bring you harm. I say Divorce and move on. This will catch up to her as when USCIS finds out they will take away her benifits as she lied on the forms.

[JeanneAdil 6,255]

10 hours ago, PGA said:

Wrong...sponsor is responsible indefinitely....this 10 year thing I see on here all the time is just wrong. It is only 10 years if they are working a job to earn the needed SSA credits, or they become a citizen. Other than that, the sponsor is on the hook.

 

From my I-864:

When Will These Obligations End? Your obligations under a Form I-864 that you signed will end if the person who becomes a lawful permanent resident based on that affidavit:

A. Becomes a U.S. citizen;

B. Has worked, or can receive credit for, 40 quarters of coverage under the Social Security Act;

C. No longer has lawful permanent resident has departed the United States;
D. Is subject to removal, but applies for and obtains, in removal proceedings, a new grant of adjustment of status, based on a new affidavit of support, if one is required; or
E. Dies.

My attorney explained this part to me

he said if i worked 40 quarters after the moroccan arrived ,  they counted (and it could have been part time/just SS benefits needed to be recorded for each quarter

the work of a spouse or parent adds qualifying quarters.

 

it is included on page 13 of the I 864