Protocol417

From the VJ Guides

Q: Is this the only way to remove conditions?

A: According to the law, detailed in 8 CFR 216.5, the alien can petition to remove conditions by way of a waiver of the joint filing requirement with the US citizen spouse. The waiver may be filed at any time (i.e., before, during or after the 90-day filing window). The waiver may be sought if the joint petition cannot be filed due to:

--o The termination of the marriage through annulment, divorce, or the death of the petitioning spouse;

--o The refusal of the petitioning spouse to join in the filing of the petition;

--o A conditional resident child being unable to be included in the joint petition of his or her parent (e.g., if the parent died before seeking removal of conditions);

--o The conditional resident being unable or unwilling to file the joint petition because the petitioning spouse is an abusive spouse or parent.

He would still need to prove that the marriage was entered into in good faith, i.e. not simply for immigration benefits.

And from USCIS,

Do you know: If he doesn't file the paperwork properly, or at all (which is, with him, a distinct possibility... I did most of the research and paper-filing during the process), and he remains in the country illegally, does the Affidavit of Support still stand or is that considered him terminating his residency? I wasn't able to find anything about this (they probably assume people will just continue the legal route, I guess).

Link http://www.uscis.gov/i-865

From the VJ Guides

Q: Is this the only way to remove conditions?

A: According to the law, detailed in 8 CFR 216.5, the alien can petition to remove conditions by way of a waiver of the joint filing requirement with the US citizen spouse. The waiver may be filed at any time (i.e., before, during or after the 90-day filing window). The waiver may be sought if the joint petition cannot be filed due to:

--o The termination of the marriage through annulment, divorce, or the death of the petitioning spouse;

--o The refusal of the petitioning spouse to join in the filing of the petition;

--o A conditional resident child being unable to be included in the joint petition of his or her parent (e.g., if the parent died before seeking removal of conditions);

--o The conditional resident being unable or unwilling to file the joint petition because the petitioning spouse is an abusive spouse or parent.

He would still need to prove that the marriage was entered into in good faith, i.e. not simply for immigration benefits.

And from USCIS,

Thank you both.

Actually, I do have a few more question.

He would be applying to remove conditions in about 3 months, I believe. If we are not divorced by the time that happens, as I understand it, and he decides to stay in the country, he would have to apply under the fact that we are still a married couple (as in, not on his own like with the scenario Ayisi&Phyllis mentioned), which would require my signature on the paperwork. If I refuse to sign, what happens then? Does he just get an extension until after the divorce has finalized and then he applies on his own? Or could his window of opportunity close which would prevent him from getting his 10-year green card?

What happens if he doesn't get the 10-year GC and stays in the country illegally?

I'm only asking because he can sometimes have a bit of a vindictive streak, and his work history is not very stable (things I learned after our marriage), so I'm worried that he may actually become a liability and possibly use this to force me to pay him maintenance.

You have an obligation as sponsor on his I-864 to report your change of address to USCIS any time you move.

Thank you for this. When we moved, he notified them of change of address, but I didn't know I also needed to do so.

Essentially, the Affidavit of Support you signed for him for AOS is the only legal obligation you will have. If he never becomes a public charge, you have nothing to worry about. This obligation disappears once he as worked 40 fiscal quarters in this country (including the time you were married), abandons his legal residency, or becomes a US citizen.

We were typing at the same time.

Yes, correct.

No you can't revoke it.

As stated above: he has to work (on the books) 40 fiscal quarters, abandon his green card or become a US citizen before you're off the hook.

Nope...

You have passed that point where you could have withdrawn it.

So until your soon-to-be ex husband becomes a citizen, you are on the hook for any government assistance he receives.

Since you don't plan on been hard on him, hopefully, he returns that favor.

Thank you both, I think this has answered my questions

Your i-864 obligation is binding after divorce. Your only obligation is the I-864.

He can remove the conditions without you if he can prove bona fide relationship

Okay, thank you. This definitely helps point me in the right direction so far as research is concerned.

So, if I'm reading this correctly, I'm essentially still obligated to ensure that he doesn't become a burden upon the state, correct, and I could be sued and forced to provide "maintenance" if he does?

Is there a way to revoke this?

Is there a period of time after which I am no longer obligated to provide this support?

OP I think you need to be a little more specific in the details of what you'd like to see happen ie; whether or not you want to continue to down the road to finish his AOS in order to specifically answer your question. It sounds as though you want to complete the process and then get divorced but want to know your responsibilities from that point on?

Whether he gets his 10 year GC is of no importance to me. If he wants to stay, great. If not, whatever. I really don't care one way or the other as it's his life, not mine. His residency is between him and the US government. My only goal is to move on with my life with the least amount of trouble and the most forewarning of potential issues as possible.

The answer could be as simple as "you have no legal obligations, and the divorce will be no different than divorcing a USC". Or it could be more complicated than that. That's what I'm trying to find out.

so what is your question?

Do you wanna give him hell or yall are going through this amicably?

My question is if there is anything that I should be aware of, anything that I need to do (notify USCIS, etc), and so forth. I'm approaching this out of a desire to know my responsibilities as the USC and also to be prepared with knowledge of what to expect, and what has happened to other people in these circumstances (in order to avoid any potential difficulties).

I'm not interested in him being deported, if that's what you're asking. I'm trying my best to get through this amicably because that will make both of our lives a lot easier. (Now, whether or not that happens is a little bit out of my hands; he's not particularly happy about the separation.) I want this to go as smoothly as possible so we can both go on with our lives. What he chooses to do with his life afterwards is none of my business, aside from any legal responsibilities I may have.

I'd like to know if there's anything that, as the USC, I should do or be prepared for. Here are the details of my situation:

- My husband and I married in December of 2013

- He received his conditional green card around September of last year

- We have not yet filed to remove conditions

- We are still in the investigation process of the divorce, so nothing has been filed quite yet (though it will likely be within the next two weeks) and we don't expect the divorce to be finalized until early next year

- At the moment, he plans to stay in the US, if able (this may change)

Any suggestions or experiences you would like to share?

Hay guys,

I don't know if anyone can help with this. But my wife has been asking a bout the health insurance situation. As it's now a legal requirement to have insurance. Does anyone have experience with if there is a grace period or will we have to sort it straight away. As I will not be working straight away what would people suggest we did. I may be able to be added to my wife's plan but we don't really know.

Many thanks

My husband did not have insurance when we did our taxes last year, because it costs $800/month (about what we pay in rent) to add him to my policy.

There was a small fine that we had to pay, but that was it.

Here is some information about the fines this year: https://www.healthcare.gov/fees-exemptions/fee-for-not-being-covered/

If you're only uninsured for a small period of time (I believe it's four months, but I can't find corroboration of that), then you don't have to pay the fine.

You'll still want to get yourself sorted as soon as you can, but if you're not able to do it immediately, it's not a huge deal.

(Well, unless something catastrophic happens while you're uninsured, of course...)

News Today is that David Cameron wants to discourage non-eu immigration in the UK by raising the Salary Threshold again...

No clear details yet...but they are at it again!

That's insane! It's already too high... and they want to make it higher?!?!

Then the logical conclusion would be, something besides guns could be a indicator of crime in the area. I wonder what your two areas share in common.

You have no guns and very little crime

He has lots of guns and very little crime

Correction: Few guns, not no guns.

Likely, it's several factors, some of which the two areas may not even have in common.

So you have access to the list..

No, I just know the politics of my area. It's not difficult to do.

ExPat, please stop invoking the troops. It's extremely offensive. You do not speak for those who serve.

Its hard to discuss atheism with anyone that is religious. Well, it seems that way to me. What's with atheists that form churches? I think people have some need to belong that apparently I'm missing. Atheism isn't inherently organized. I don't have a set of atheist rules I follow or books I read even if some do. I just really like scientific discussions and findings on the nature of the universe and I'm doubtful of anything I can't see. Which is odd because I believe in molecules even though I've never seen them and am, for the most part, putting faith in the math done by other people who I don't really have the mental fortitude to double check.

Speaking as an atheist that goes to a (Unitarian) church... yes, it is a need to belong. It's also nice to have some time set aside to reflect and learn (which is why I like Unitarian churches, because the "sermons" are often like enjoyable lectures). Plus the donuts are fantastic There are also some functions that churches perform pretty well, such as support for those who are suffering loss or breakdown of marriage, or who are just looking for advice or someone to talk to. You're not really missing anything... it's like if I had a craving for samosas that you didn't share

(I may or may not be craving samosas right now.)

That said, yes, it is difficult to discuss atheism with someone who is religious. It's funny because I just had this conversation with a coworker. She couldn't believe that I was an atheist, and told me about a friend of hers who's atheist as well (actually, he turned out to be agnostic) and she said that she couldn't understand that. I think her exact words were "well, then what do you BELIEVE?" I just kind of laughed and, knowing this wasn't going to be a perfect analogy, said "well, it's kind of like not believing in leprechauns or the Easter bunny. They're myths, and there's nothing wrong with myths. They're beautiful stories that we tell each other from generation to generation, and I think that's pretty cool. Doesn't mean they're real, of course, but you know, not believing in those things doesn't mean we stop experiencing awe."

And that was mandated by Congress. 3/4.

Wasn't it 3/5th, or am I wrong about that?

Vermont no gun laws to speak of and I believe it's the the most peaceful State in the nation, crime wise. Must be something in the milk....

It's either the milk, or correlation does not equal causation.

There's practically zero crime in my peaceful little town, too, but almost no one here has a gun.

I believe you'd be fine with the co-sponsor. I mean, the whole reason they allow co-sponsorship is for people who can't meet the minimum requirements on their own... otherwise, if being below poverty automatically got your denied, why would they even have co-sponsors in the first place? The only thing that might be an issue is that there is a time limit on how long they will be "supporting" you.

I've never heard of an education requirement. Were there even any questions regarding education level on the forms?

It's hard to say whether or not the previous attempt at entering the country will affect your chances. I wouldn't worry about it too much, though. It's not like Canada is a high-risk country, and you are doing it the right way now. I do have a friend from Canada who was booted from the US because of a stupid teen prank and even he was eventually allowed back in. You might have to provide a written explanation of the event before they approve you, or go through an interview during the AOS process, but I wouldn't think you'd be flat-out denied because of it.

Just remember that if you enter the country, you have to be married within 90 days or the visa is no longer valid. If things don't work out and you leave the US, but reconcile with your fiancee later, you won't be able to come back on that visa; you'll need to start the process over again, and you might find it more difficult to get an approval the 2nd time around.

It sounds like you provided more than enough "travel" evidence.

My now-husband lived by Manchester, and I sent as evidence credit card receipts showing purchases I'd made in London as well as tickets showing that I flew into Heathrow (we decided to meet there instead of Manchester because some mutual friends of ours had a gig we wanted to attend - this was before he'd proposed and we knew we'd be going through this process). London is something like 3-4 hours away from Manchester, so it basically just showed I was in the same country as him, and we still got approved. No bank statements, no phone bills (though we did provide Skype logs), no credit card bills.

I don't think you really need distinct landmarks behind you in the photo... just so long as the photos are of you together, why would it matter where they were taken?

I made a million mistakes on forms, caught a lot of them, but I'm sure one or two slipped through. No problemo, still approved.

I do remember the paranoia and anxiety of being in that phase of things (just like you, I'd read so so so many horror stories), but once you get that K-1, it gets a LOT easier. By then this will all be old hat and the next steps aren't much different so you'll know exactly what to do. Hang in there

My husband just tried to get a state ID and brought in all the documents listed on the DMV website. He was told the same thing: Your I94/visa have expired, so you have to wait for your green card. (They didn't say anything about being able to come back when he gets his EAD.)

I was able to add him to my credit union account with just the passport and SS card, but we tried to take a out a small loan with his as a co-signer (just to establish credit for him in the US) and they said he could not do that without a state ID. Luckily we don't actually need the loan, I guess.

I just want to say that if the estimate time says that our NOA2 will come within april 2nd and now it is april 15th, there is something wrong about it.

I thought it was April 8th.

Yes, it is "wrong", but there was nothing but luck that could've ever made it correct in the first place. It's kind of like getting mad at your doctor because your baby was born on April 15th when she said your due date was April 8th.

VJ or USCIS?

Yes.

I know precisely what you mean about that. Our medical was delayed too because of a finger injury my SO had which should have had absolutely no bearing whatsoever on whether or not he would be allowed to immigrate here, and as a result we missed our wedding date (we were doing a K-1).

Anyways, we weren't CR-1, but I just wanted to say that my SO had luck getting through to someone at the embassy by calling the number and hitting 0 until he could speak to a live person. That was how he was able to get status; no one ever responded to the emails.

Right here on VJ of all places!!

This has bothered me for a long time. Even as the USC, my own experiences with the US immigration process (as easy as we've had it) have made me much more sympathetic towards the immigrant community, especially those coming from poorer countries (it was difficult enough to get through this process with steady internet access, a sufficient bank account balance, and a full grasp of the native language). I expected this from other people here as well but it seems to me the attitude is "well, if I haven't had it easy, nobody should!" I mean, when I'm in another country I do my damnedest to follow their rules to the T and not stick out either, but that doesn't mean I lose all compassion when dealing with "foreigners" back home.

I know people who got busted selling weed in high school. No one ever went crazy about it. There was no "think of the children!" reaction, no one ever brought up product quality control or branded them "drug dealer" as if they were hardened criminals, and they never faced anywhere near the punishment this girl might possibly face. In fact, most people just laughed about it.