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I have been a resident for 4 years and here 11. You can take your wife to court BUT in practice, she does not have to support you if the relationship goes sour. She can withdraw the petition. She is not legally obligated , she can simply drop the petition and you would lose the GC. Once is permanent , she does not have any obligation with you.
That is incorrect. The sponsor cannot withdraw the affidavit of support, cannot cancel the immigrant's greencard, and remains liable even after divorce. HOWEVER, the sponsor is only liable to pay back the government for any means-tested benefit the immigrant receives, s/he does not have to otherwise support the immigrant (hospital bills, spousal support etc)- that will be dealth with in the divorce court.
That is incorrect. The sponsor cannot withdraw the affidavit of support, cannot cancel the immigrant's greencard, and remains liable even after divorce. HOWEVER, the sponsor is only liable to pay back the government for any means-tested benefit the immigrant receives, s/he does not have to otherwise support the immigrant (hospital bills, spousal support etc)- that will be dealth with in the divorce court.
If I was ever unclear, the above post clearly and accurately explains what I meant. There really isn't any gray area as far as what they inform you go.
Quote:
Originally Posted by CarolVa1977
That Is not correct. A us citizen can withdraw the petition. I have seen it happen and a gf be rescinded because of this.
GF is the key word here, once they're married and the GC is approved, it's not quite that easy, at least not based on the information available on the USCIS website and their application guides.
I have been a resident for 4 years and here 11. You can take your wife to court BUT in practice, she does not have to support you if the relationship goes sour. She can withdraw the petition. She is not legally obligated , she can simply drop the petition and you would lose the GC. Once is permanent , she does not have any obligation with you.
From the I-864 instruction sheet:
Quote:
Your obligation to support the immigrant(s) 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 equate to ten 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 and departs the United States. Divorce does not end the sponsorship obligation.
From the contract part of the I-864
Quote:
If an intending immigrant becomes a permanent resident in the United States based on a Form I-864 that you have signed, then until your obligations under the Form I-864 terminate, your income and assets may be considered ("deemed") to be available to that person, in determining whether he or she is eligible for certain Federal means-tested public benefits and also for State or local means-tested public benefits, if the State or local government's rules provide for consideration ("deeming”) of your income and assets as available to the person.
Quote:
When Will These Obligations End?
Your obligations under a Form I-864 will end if the person who becomes a permanent resident based on a Form I-864 that you signed:
*Becomes a U.S. Citizen
*Has worked, or can be credited with, 40 quarters of coverage under the Social Security Act;
*No longer has lawful permanent resident status, and has departed the United States;
*Becomes 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
*Dies
Note that divorce does not terminate your obligations under this Form I-864.
Well, I personally have seen this happen twice, before the GC was permanent AND the 2-year GC was rescinded. You can get a lawyer to draft an affidavit saying "I wish to end my sponsorship" and walk into a local immigration office.
In one case, even a permanent GC was rescinded and the foreign spouse was deported (it took years though). In the other, the foreign spouse was able to adjust the status thru VAWA.
I am not saying that the sponsor is not responsible until the immigrant becomes a US citizen, however such sponsorship can be withdrawn.
As an immigrant myself, I want to say that not everybody is poor or opressed in third world country and coming to USA for freedom. many people come here for education, jobs because their companies have relocated them here, joining family members or just because of sense of adventure or seeing new world. Thousands of americans are living/working in China, India. Surely they did not go there for freedom.
As a US Citizen, I am really losing faith in the USA, I'm a recent graduate with two degrees an have absolutely no luck in finding a job. My wife, who is in Africa, wants so badly to come to the states to be with me but I'm thinking more about leaving and finding work/life somewhere abroad. It's like America is losing its appeal even to Americans but people in other countries still would love to come here. I wish i could find work on another continent I would be soo out for at least 3-5 years (at least to get perspective).
As a US Citizen, I am really losing faith in the USA, I'm a recent graduate with two degrees an have absolutely no luck in finding a job. My wife, who is in Africa, wants so badly to come to the states to be with me but I'm thinking more about leaving and finding work/life somewhere abroad. It's like America is losing its appeal even to Americans but people in other countries still would love to come here. I wish i could find work on another continent I would be soo out for at least 3-5 years (at least to get perspective).
Come to DC. There are jobs here
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