redbarn

No, only 4 quarters per individual per year can be accrued. Therefore, to get on the fast track to satisfying the 40-quarter requirement, it would require that an alien remain married to a USC, both work and earn the $1050.00 per quarter four times per year for 5 successive years; pay the required soc sec taxes.

-In the above quote are you referring to filing taxes or Social Security being taken out of a persons pay check?

-What happens if someone doesn't file their taxes. I did taxes for my ex husband last year (we were married then) but I can picture him not filing for himself this year.

-Must you be up to date on filing taxes to apply for means-tested benefits?

-Can he file the I-751 after April 15 without having filed his taxes?

1. I was wondering do I need to let INS know that we divorced and if so do I include the divorce papers?

2. If I write INS that I believe it was a fraudulent marriage what will they do with that info?

3. If he is out of the US and tries to come back in will he be permitted if INS is told the marriage was fraudulent?

1. It depends. You have no obligation to inform USCIS, and when he applies to remove conditions, he will inform USCIS by way of the type of I-751 he would file. But if you wish to bring attention to your concern that you feel his intentions upon entering the marriage were not genuine, then yes, by all means do so. I would caution you that now that you are divorced, any information concerning his immigration process or status would not be divulged to you, unless your testimony would be key to a fraud investigation.

2. The information would be placed in his A file, and depending upon how convincing the evidence you present is, he may be interviewed at the next stage in his process. You may even be asked to present a sworn statement, too.

3. Yes he will be permitted to return, even if USCIS has received notice that you suspect this was a case of unilateral fraud. Of course, based upon what you might share, were USCIS to move to rescind (very doubtful) but chances are USCIS would await his application to remove conditions prior to making any nest step. Were he to submit a wiaver, and there were sufficient evidence to show that he entered the marriage fraudulently, if he is out of the country when a subsequent I-751 waiver is adjudicated, and the decision is to deny, then he would not be able to re-enter.

diadromous mermaid you write that the info will be placed in his A file. Do they sit on the info and wait for him to file the I-751 before contacting him? Will they follow up with me first?

Are there any threads that detail a person reporting fraud? Again please do not thing that this is just over infidelity. As I stated there are things that I can't mention at this time that I truely believe point to fraud.

Diad is correct, the fact that he had an affair then married a woman from his country is not significant proof that his intentions were not ligit to begin with. I certainly understand how you feel, and you are probably correct that he was only after the GC, but proving that can be difficult. Sorry things turned out the way they did.

As I said there are other things that point to fraud that I do not feel comfortable sharing at this time. At the time that these things happened I didn't realize them as I bought his excuses.

redbarn,

Please don't misunderstand this line of discourse to mean that I don't share your views on how pathetic it is for someone to deceive another. But my point in this thread is focused on the US citizen's obligation to our government to make certain that the alien of his or her choice does not become a burden.

Marriages fail everyday. Marriages between citizens; marriages between aliens, and marriages between citizens and the alien they sponsored. Now aside from clear fraud cases, what triggers a USC to decide that because one obligation (that of fidelity and an exclusive and enduring commitment, as in marriage) made by an alien to a USC has been breached, it is ok for the USC spouse to breach another obligation made to his or her country?

I hear what you are saying and I get why it was put in placed. So lots of arrangements aren't made for hey I'll pay you 10K to marry me and then we can both walk away after we get divorced. But in my case/our case I have tried everything that is feasible while maintaining functioning. I even took over paying his bills for him to get him back to ground zero. But he burnt me so bad that I can't do anything anymore to help as that would truely hurt me. So I need to call a spade a spade and decide if I want to report him and in doing so possibly eleviate or get rid of the 10 year obligation but in doing so choose to go through hell. To do nothing can cost me thousands with this guy and to report him may emotionally drain me to a point of no return. I understand that he shouldn't become a burden but should it be such a burden to myself that I have to question weather it is worth the emotional drain to report it and attempt to prove my case (of which there certainly is more then I shared). I truely don't know what to do. Has anyone out there reported a case of fraud and been successful??

So I forget in what instances might I be liable to shell out money. For example this ex of mine hada good job took vacation then never went back to work. I'm hoping that they fire him rather then lay him off. If he is laid off and tries to collect unemployment am I liable to pay for it? I encourged him in this job, spoke to his boss about getting additional training etc. And then he screws it up by not calling or going to work. So if he applies for unemployment does that effect me? and what other stuff effects me.

There are several ways that the USC sponsor will be relived of the obligation under the Affidavit of Support, but remarriage is not one of them.

Can you elaborate please

I forgot to mention that prior to our marriage and during he only earned a few thousand dollars since we had to wait for the EAD to come through. And as he got a decent job that is when I kicked him out. I was unable to do it prior as he wouldn't of been able to afford to support himself. I went through over 20+ thousand dollars (health insurance, car, car insurance, clothes, bills, cell phone, international calls to family, spending money etc) on this guy with paying his expenses.

I am probably going to face some discontent with this thread, but I just feel it is necessary to dispell the myth that a USC can simply withdraw his or her obligation made to USCIS under the Affidavit of Support.

Granted, there are legitimate circumstances when the US citizen might be privileged to withdraw sponsorship for an alien, which I am happy to articulate if desired, but what is it with the plethora of posts, recently, and most particularly in this forum, where a US citizen spouse headed for divorce not only asks, but feels that he or she should withdraw the Affidavit of Support for an estranged spouse that has chosen to divorce or has found another love interest?

Surely, before signing the Affidavit of Support in the first place, the US citizen must have realised that it is in place for a purpose, and it is an obligation made that is, for all intents and purposes, irrevocable.

It's surprising to me to see how little an obligation means to many.

I don't consider the obligation a small thing at all! I clearly stated to my fiance what it meant to me financially, emotionally and responsibilty wise. I discussed it with him on numerous occassions. I do understand that responsibilty fully. But I took that responsibilty with the full belief that I would have a husband who believed in WE not HE. I thought I was marring a person to build a future with. Rather I just got royally f..... And even then understanding my financial resposibilty I consitued to talk and assist him with his fiances WHILE he is living with the person who he cheated on me with. Yes you read that correctly! Why because I have a 10 year obligation. But I was taken for a ride. When person is sponcered to come to the US and the they are abused by their spouse they can still apply for citizenship. Well in my case I was taken, I tried everything in my marriage and then in divorce to help this slim then he moves past the one who he is living with an marries another. Where does my govt help me? I have to prove now that is was fraud and hope that he doesn't get approved for a 10 years green card and pray that my responsible might end in only a year.

There are three ways, the I-864 will be null and void:

1- he remarries

2- he becomes a US citizen

3- he dies

The only time you can withdraw the I-864 is if the green card has not yet been approved.

He has the 2 year green card not the 10, he is marrying in his country I believe as we speak sooo... after he marries am I still resposible?

just_jackie is a nice lady on mena thread that has been thru a lot in her life..........i have heard many others state also there is not much u can do cuz u would have to be able to prove with out a doubt he came here for just the visa and didnt just fall out of love with u..........it dont matter what the rest of us think cuz it is up to the state department but really i would be more worried about the support document u gave and if he can hit u up for support..........u have a lot on ur plate right now and dont need more worries and pain but that would be a big issue to me because divorce does not get rid of that contract u made to our wonderful government i will give prayers for u this is just not fare to u and i can only imagine the pain ur in over all of this what a rotten thing to do to someone........

sara

I know that I'm supposed to be responsible for him for 10 years/40 quarters of work. Does that still stand if he remarries?

I don't care if he should decide to file the I-751 I just don't want it approved as he had no intention of being a husband and making a marriage work.

In our divorce papers it was listed that on various nites he didn't come home that he started a romantic relationship with another woman.

He moved out of my home into another womans home. He since left that relationship and is presently marrying another woman in his own country.

Did I say enough!!

I feel for your disappointment, but marrying another woman, even if it is done inside 1 year of marrying you isn't necessarily evidence of fraudulent intent.

Re read - in OUR DIVORCE papers. That first sentence above is in our signed papers

He has about a year to do it.

Actually, since he is now divorced, he can file the I-751 to remove conditions immediately.

You can tell USCIS about how you believe the marriage was entered for immigration purposes. But from what "just_jackie" says, they will do nothing with it.

Really? Just_jackie is incorrect.

Who is "just_jackie"?

Thanks Sara for the support and I appreciate the hug Lili as I sit her crying feeling like an incredible fool

In our divorce papers it was listed that on various nites he didn't come home that he started a romantic relationship with another woman.

He moved out of my home into another womans home. He since left that relationship and is presently marrying another woman in his own country.

Did I say enough!!

I don't know where to begin but to say that I've been part of this site for 3 years but started a new account to be anonoymous. Please help me and I am so hurt, frustrated and angry. I met a guy in another country. Did the long distance relationship thing. He never had been to the US and probably wouldn't have gotten a visitor visa if he applied. He entered on a K-1, we married within the 90 days, applied for his AOS and he received it. We filed for divorce after he received the 2 year green card and the divorce is now complete. We were married less then a year. As far as I know he hasn't made application for the I-751 but I do believe he will. He has about a year to do it. Based on various things that happened in the marriage and what has happened since I do believe that he married me with no intention for me to remain his wife.

I was wondering do I need to let INS know that we divorced and if so do I include the divorce papers?

If I write INS that I believe it was a fraudulent marriage what will they do with that info?

If he is out of the US and tries to come back in will he be permitted if INS is told the marriage was fraudulent?

I'm trying to just be factual as if I told you the story you wouldn't believe it and I NEVER thought that I'd be writing to find out answers to questions like these. Please any advice would be greatly appreciated. I'm not sure what direction to go in and I'm totally drained.