Question re: recalling an Affidavit of Support prior to adjudication of status

S

SlowJedi

Registered Users (C)
Hey, immigration experts, need your urgent input, if you please!

A friend of mine got himself into a pickle. Met a girl, romance and all, brought her here on fiance visa, they get married, two-three months later honeymoon is over, they realize it was a mistake. So, they he files for divorce, she (without him knowing) submits the package to the INS for the green card.

He goes to the INS and wants to pull the application, they tell him that he can't do it. So he asked to withdraw his Affidavit of Support, again, they tell him that he can't do it. And they are trying to tell him that he's now on the hook for 10 years to suppor this lady. Is it true? Why would they even continue considering her application if now the person is refusing to be the sponsor?

In the meantime, this parasite demands that he supports her at 125% of the poverty level. She hasn't even gone through fingerprinting yet, and the application is nowhere near adjudication. It just looks more and more that she is one of those bloodsuckers who was trying to marry a guy for the greencard and then dump him as soon as possible. Not trying to make anybody feel sorry for the guy, just trying to figure out if there is any way for him to stop this nightmare as quickly as possible and painlessly as possible.

Thanks for any suggestions!
 
He can just refuse to go to the interview...how will she prove it is a genuine marriage without him?
 
He can just ask to withdraw the I-130. That'll stop her GC in its tracks.

He should also understand that the affidavit of support does not require him to support his wife, by the way. It's just a pledge to repay the government, if asked.
 
Or he can go to the interview and tell the IO that she married him for a green card, and submitted the package without his knowledge.
 
How could she have submitted the package without his knowledge??
He would have had to complete the I-130, G325A and have passport photos taken????

I think that if he tells them that she just married him for a green card could get him into trouble.

Withdraw the I-130.
 
Not that easy!

Well, apparently it's not that easy, as you'd think, guys. It's like the Hotel California: "you can get here any time you like, but you can never leave" when it comes to the sponsor.

First off, the INS says that you can't withdraw I-130, they flat out refusing to do it. If it's your own application, you can do it no problem, but if you are applying for somebody as a sponsor, you are SOL, they are saying that it has to run it's course completely.

Secondly, apparently there was some kind of a court decision (not an immigration court, but federal court case) where an immigrant wife managed to get herself a support judgement based on the affidavit of support, even though the INS was saying that it can only go into effect if the GC is approved. The Fed court said, no, it's in effect the minute you sign it. And it's not even an alomoni case, it's the guy on a hook for at least poverty level payment to the person who is here, doesn't have to work, and doesn't want to go back to her country, and if she wants to drag her case with the INS for a couple of extra years, she can also do it while drinking this guy's blood. What a country!

Anybody knows any real life solutions???
 
SlowJedi said:
Not trying to make anybody feel sorry for the guy, just trying to figure out if there is any way for him to stop this nightmare as quickly as possible and painlessly as possible.

Thanks for any suggestions!
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Tell me you are kidding when you say that you are not trying to make anyone to feel sorry for this guy?? Should anyone feel sorry for this guy? If so, then give us just one reason why. Are you sure this situation belongs to your friend since it appears that you know so much of the inside information here? Yeah, we have heard a lot before that "he is my best friend", "he is like a real brother to me", "we share/discuss anything and everything about each other", "he trusts me completely to share anything with me"...etc...etc...yeah..yeah..yeah...Anyway, it doesn't matter who this person is; rather the situation in the case.

Personally I don't feel sorry for this chap. Why? Because he already got what he was looking for after using this poor girl for 3 months, so he now wants to throw her out of the widow by accusing her tons of false accusations ...or probably to replace her with another flesh and new girl. She now seems to him useless and no-one and even the one who is behind the green card?? Wondery why it took him so long and only when he already got "what he was looking for" to know that she is behind the green card? Give me a break...If he wanted to make sure that she is not behind the green card thru him, then he should have stayed with her in her country for a while or should have given a more time for their relationship to build than marrying her and bringing her over here so that he could get "what" he wanted to so quickly. I've zero tolerence for selfish and abusers who use other people for their selfish needs/motives.

Do you expect anyone to believe that she filed all these paperworks by herself and without his knowledge and signature? One has to be an idiot to believe this. And if she did so, then he can/should not only call the USCIS (enforcement unit) but also local law enforcement authorities for her to have fraudently signing the applications under his name and stealing/copying his personal documents. And a lot of personal information and documents needed to complete the immigration forms like SSN, DOB, copy of naturalization certificate, tax returns and W-2s and other more information/documents. She could very well be behind the bar for this crime if it's proven. But I'm sure he has filed all these paperworks for her and now looking an easy way out of this...obviously after getting what he had hoped for.

If he won't go to the interview together with his wife on her AOS then her application will be denied anyway unless she will claim to be abused which is what she most probably will do anyway.
 
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SlowJedi said:
Hey, immigration experts, need your urgent input, if you please!

A friend of mine got himself into a pickle. Met a girl, romance and all, brought her here on fiance visa, they get married, two-three months later honeymoon is over, they realize it was a mistake. So, they he files for divorce, she (without him knowing) submits the package to the INS for the green card.

He goes to the INS and wants to pull the application, they tell him that he can't do it. So he asked to withdraw his Affidavit of Support, again, they tell him that he can't do it. And they are trying to tell him that he's now on the hook for 10 years to suppor this lady. Is it true? Why would they even continue considering her application if now the person is refusing to be the sponsor?

In the meantime, this parasite demands that he supports her at 125% of the poverty level. She hasn't even gone through fingerprinting yet, and the application is nowhere near adjudication. It just looks more and more that she is one of those bloodsuckers who was trying to marry a guy for the greencard and then dump him as soon as possible. Not trying to make anybody feel sorry for the guy, just trying to figure out if there is any way for him to stop this nightmare as quickly as possible and painlessly as possible.

Thanks for any suggestions!
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your friend must be feeding you a batch of crock. He brought his wife here on a fiancee visa (i-29f(K1)) which requires you get married in 90 days after entering and then AOS. So he knew from the beginning that his wife would have to file AOS. But now that things have gone bad between them he's claiming that she did this without his knowledge? How did he expect his wife to stay here legally without filing aos? Did she forge his signature and fill in all other forms that he had to fill in fraudulently?
Anyway your friend can write a letter to USCIS telling them He has filed for divorce and that the marriage is not bonafide. He can also just not show up at interview or go an tell io that he has filed for divorce and does not want to continue with this petition.
 
Don't judge others by your own faults, guys

OK, Johny & AZ, I appreciate your responses, although too negative for my taste. I know this guy for 7 years very closely, and I can vouch for his character. He and the girl were dating long-term for over a year, he kept flying back and forth to Russia (he's also Russian) for over a year, and IF all he wanted to do was to get some cheap love, he would have never brought her here and go through the expense of paying for her visa, tickets, and all the other crap. So, don't just assume that somebody does it for some cheap sex, you can get it much cheaper other ways.

2ndly, regarding the application. When she came here and they got married, he prepared all the documents for her, they were just sitting in his house, however, several weeks into the marriage things started happening that weren't Kosher. Unfotunately for him, he never destroyed the package, because he never anticipated that things would go in this crazy direction. After a couple of months, she moved out and went to live with her relatives, however, came back several weeks later, snuck into the house and pretty much stole the documents and sent in the application, he found out about it when he received a confirmation from the INS about the new case. So, the package is genuine with his siguatures, but was sent in without his knowledge and his concent. Not something that's easy to prove.

He went to the InfoPass Appointment. They didn't want to take his letter withdrawing the affidavit. I also told him to mail it to whatever center has the application. How can he find out which office has her application? Any other recommendations?

Knowing Russian community in Southern Calfiornia, I know a LOT of cases when girls come here and pretty much change 180 degrees from nice housewives to sneaky plotting witches that know all the tricks of the trade. I can probably give you a long list of people that I know here who got their green cards by falsely accusing their husbands of abuse, discrimination, who after failing one applicaiton re-applied for refuge status claiming that they are some kind of Baptists or abused anti-communists, etc. And guess what, INS doesn't give a crap about it! I watch all these people getting their GC's and then going straight onto welfare, SSI, Section 8 and all while me and others are supporting them with our tax dollars, and while a lot of worthwhile scientists, IT guys and foreigh business people are stuck for years waiting for green cards or stuck in "name check" crap, etc.
 
since she came here on K-1, there is no I-130 if they got married and filed for AOS within 90 days.

He can go to the interview and tell them they no longer live together and have filed for divorce and that he no longer wants to pursue her permanent residence applications. Or he may skip the interview.
 
SlowJedi said:
OK, Johny & AZ, I appreciate your responses, although too negative for my taste. I know this guy for 7 years very closely, and I can vouch for his character. He and the girl were dating long-term for over a year, he kept flying back and forth to Russia (he's also Russian) for over a year, and IF all he wanted to do was to get some cheap love, he would have never brought her here and go through the expense of paying for her visa, tickets, and all the other crap. So, don't just assume that somebody does it for some cheap sex, you can get it much cheaper other ways.

2ndly, regarding the application. When she came here and they got married, he prepared all the documents for her, they were just sitting in his house, however, several weeks into the marriage things started happening that weren't Kosher. Unfotunately for him, he never destroyed the package, because he never anticipated that things would go in this crazy direction. After a couple of months, she moved out and went to live with her relatives, however, came back several weeks later, snuck into the house and pretty much stole the documents and sent in the application, he found out about it when he received a confirmation from the INS about the new case. So, the package is genuine with his siguatures, but was sent in without his knowledge and his concent. Not something that's easy to prove.

He went to the InfoPass Appointment. They didn't want to take his letter withdrawing the affidavit. I also told him to mail it to whatever center has the application. How can he find out which office has her application? Any other recommendations?

Knowing Russian community in Southern Calfiornia, I know a LOT of cases when girls come here and pretty much change 180 degrees from nice housewives to sneaky plotting witches that know all the tricks of the trade. I can probably give you a long list of people that I know here who got their green cards by falsely accusing their husbands of abuse, discrimination, who after failing one applicaiton re-applied for refuge status claiming that they are some kind of Baptists or abused anti-communists, etc. And guess what, INS doesn't give a crap about it! I watch all these people getting their GC's and then going straight onto welfare, SSI, Section 8 and all while me and others are supporting them with our tax dollars, and while a lot of worthwhile scientists, IT guys and foreigh business people are stuck for years waiting for green cards or stuck in "name check" crap, etc.
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Marriage fraud happens in all communities and not just Russians. Yes men and women get played on all the time by fraudsters just to get green cards or immigration benefits. What you seem to be doing is assume that every time a marriage involving immigration benefits fails then the immigrant is a scammer.

There are also easier ways to getting a green card than having to marry a much older controlling man who thinks they own you and want you to be a "nice housewife" or else they will send you back to Russia.

But like I said in an earlier post your friends wife will not be able to adjust her status based on his petition if he does not cooperate and will be put in removal when petition is denied. However if they have been married for over two years before divorce is final or i-485 adjudicated , she is able to adjust by marrying someone else even if she came on a K1 visa.
 
Okay, I didn't pay attention that your friend's wife came over here as a fiance. Now it gets more tricky because an adjustment of case for a person who came here on K-1 visa is being adjudicated without an interivew lately in most of the time...not all the time but most of them...at least lately. This is an initiative USCIS has taken to clear up back-logged cases and to process the applications quickly. That said, she MIGHT be able to get a green card in the mail than going for an interview.

Your friend to be a Russian himself then he should have been more careful in dealing with Russian girl because almost most people in this country know very well that Russian girls are 99.99% behind the green card. There are thousands of mail-order bride sites wherein anyone can meet and marry the world's most beautiful and younger girls. It's not a top secret. Everyone knows that most Russian girls marry 20-40 yrs older men than they are. These girls are 18-26 but their husbands are in mid 50s-70s who either don't work, have big tummy and hair coming out of their nose and ears. They are the most ones go to Russia to meet these young and beautiful teen girls...Obviously for one reason, if you ask me. If they wanted to find love then they could have found here than going all the way in another part of the world.

Having said that, I'm not saying that your friend is old and he went there to find a love, but I know very well the difference between marrying a girl and having a cheap "love". It doesn't cost to have "love" by marrying a girl, but it does cost a lot when buying it even if it's said "cheap"..Besides, being an immigration lawyer in the past, I've come across thousands of cases wherein men married with Russian girls for obvious one reason. So don't tell me the difference between marrying a girl and getting a "cheap love" somewhere. Though it sounds different, but truth is many men do marry with a girl for only one reason, cheap love or not.

Being living in NYC and dealing with tons of Russian immigrants, I know well how most Russian girls are. There are websites, left and right, which teach them how to incriminate/fabricate things so that they can get a green card by shouting "abuse". VAWA law does allow handing out green card to anyone who claims to be abused. All they need is just a marriage certificate. So these sites teach them that they can get a green card right away after being married to a US citizen based on this law. They even have addresses and phone numbers of attorneys and other agencies who will willing to help them. As a matter of fact, many of these match-maker sites are the ones providing information on this law. Believe me, I know all the tricks they play on because I've helped numerous US citizens clients who were the victims of these kinds of tricks.

As for them to go on public aids then Russians are not the only ones who go on public aids; instead many immigrants across the world obtain it if they could. Everyone wants a free ride...without work...if they can. It's just that Russians and people from Eastern Europe, and some from Africa do commit fraud more than others. I guess poverty, lack of opportunity, greed and messed up society make them to do what they do.

Anyway, your friend should write a letter to immigration to stop her case. I dealt a similar case 3 years ago for an American woman from KY on another website who was exactly in a same situation like your friend is. Her husband was from Egypt and she was dating this guy for 3 years and went to Egypt two times to meet with him.

After coming to US, he was sleeping with her friends...not working and using her for money and free living. She was 40 and he was 26. He even impregnated a 17 yrs old neighbor girl. The only difference is- her local USCIS office right away took her reqest and stopped his case. So your friend can also go to local USCIS office with a written letter and request to speak with a supervisor this time if they will again give me a run-around and different answer. If USCIS does entertain his request then he should take a stamp on a copy of his letter from them for the acknowledgement of his request. And just not to go to the interview. And he should immediately file for a divorce as well if he doesn't want to work things out in his marriage or do want to divorce her anyway. But it was totally his fault to have signed all the paperworks a way before mailing the applications and not keeping it safe. Nobody is going to believe that he was not willing to send those paperworks or was not intended to sign those applications.

Marriage fraud actually happens in all communities. I've personally known of cases of Brazilians, Philipinos, and middle Eastern people and from Latin American countries who were totally involved in marriage fraud for immigration purpose. Both genders commit immigration fraud. Many girls don't mind having children with American men. I know one girl from Venezuela and one from Brazil who met Puerto Rican guys from MA. These guys want a baby in return of helping these girls. Both of these girls were married in their country and came here on a tourist visa. They got married with these two Puerto Rican guys just to get papers by saying on the application that they are single. They gave one year of "cheap" love and a baby to these guys and in return got what they hoped for...and then went to their home country and remarried with their husband by making some fancy story and brought their family here. Their husbands didn't even know that their wives slept and made a baby with these men. I see and hear this kind of cases everyday, trust me. And whenever an immigrant person (male or female) fails to obtain a green card thru a marriage with a US citizen if US citizen backs out before this person obtains a green card, they all file a self-petition based on VAWA law as abused. So fraud is going on in every community.
 
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SlowJedi said:
Knowing Russian community in Southern Calfiornia, I know a LOT of cases when girls come here and pretty much change 180 degrees from nice housewives to sneaky plotting witches that know all the tricks of the trade.
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Hmmmm... You know there is the same number of russian guys looking for the USC girls at the forums to get married and get GC. BTW, they don't even hide their intentions - just say that straight... Not like it's lots of help, but we can hear only ONE side (your friend, who of course is a victim how it sounds), and not the other (the girl, who may be not as bad as it sounds).
 
TheRealCanadian said:
He should also understand that the affidavit of support does not require him to support his wife, by the way. It's just a pledge to repay the government, if asked.
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yes it does, and if not on a immigration level, than if no prenup signed, he is fully responsible for any of her actions in this country, such us credit card depts, apartment leases, car loans, etc..

he is messed up for life :(((

sorry.
 
Summary Judgment Order in Stump

Ms. Stump applied a similar approach by filing for divorce in state court, bringing a separate action in federal court to enforce the affidavit, and moving for summary judgment on liability. The sponsor claimed that there were factual disputes barring summary judgment, namely that the plaintiff had failed to demonstrate that she (1) had received a mean-tested benefit, (2) had mitigated damages by seeking and obtaining gainful employment, and (3) was an LPR.

In its order granting summary judgment, the court found that the sponsored alien could maintain an action against the sponsor for financial support, and that those actions are independent of ones that might be brought by a government agency seeking reimbursement for benefits received by the alien. It also held that the plaintiff was not precluded from enforcing the affidavit even if she had not worked or sought work; mitigation went to the issue of damages, not liability, which would be addressed in a subsequent trial.

The court spent most of its decision discussing whether the plaintiff needed to establish that she was an LPR, and concluded that she did not, since the affidavit of support obligations commence upon execution and submission of the I-864, not upon the intending immigrant's ultimately obtaining LPR status. That finding is troubling, given that it is contrary to the position of the U.S. Citizenship and Immigration Services (USCIS), which has interpreted the sponsor's obligations as commencing upon the sponsored alien's obtaining LPR status. That issue tends to arise when the parties have separated while the adjustment of status application is pending and the sponsor has sought to withdraw the affidavit of support. It also arises when joint sponsors used at the time of initial filing are no longer required at the time of adjudication of the adjustment application or consular processing. The USCIS's position has been that the sponsor or joint sponsor is entitled to retract the I-864 at any time before the adjustment is granted. That seems fair and logical, given that the purpose of the affidavit of support is to ensure that the sponsored alien does not become indigent and thus eligible for means-tested benefits after adjusting status or immigrating (they are not eligible for these public benefits before that time). Also, where is the consideration flowing to the sponsor if the alien never obtains LPR status? But according to the court in Stump, once executed and submitted, the I-864 could not be withdrawn, and it is enforceable even if the intending alien never obtains LPR status.

Source: http://www.ilw.com/store/familybasedimmigration.shtm &
http://www.immigdaily/cases/2005,1107-stump1.pdf
 
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Uh, if he is telling the government the truth he found out so they are not scammed, I seriously doubt anything would happen to him if he truly was unknowing. They don't arrest people for being tricked and telling the truth.

DanielFL said:
and may get arrested for 5 years with $250,000 bail out??
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DanielFL said:
yes it does, and if not on a immigration level, than if no prenup signed, he is fully responsible for any of her actions in this country, such us credit card depts, apartment leases, car loans, etc.. he is messed up for life :((( sorry.
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Read the I-864: Under this contract, you agree that, in deciding whether the intending immigrant can establish that he or she is not inadmissible to the United States as an alien likely to become a public charge, the U.S. Government can consider your income and assets to be available for the support of the intending immigrant.

It's to do with public charge purposes; it is NOT a blanket agreement to provide money to the alien being sponsored. If some dumb state court judge thinks otherwise, that's nice, but it's unlikely to survive an appeal.
 
SlowJedi said:
Summary Judgment Order in Stump

Ms. Stump applied a similar approach by filing for divorce in state court, bringing a separate action in federal court to enforce the affidavit, and moving for summary judgment on liability. The sponsor claimed that there were factual disputes barring summary judgment, namely that the plaintiff had failed to demonstrate that she (1) had received a mean-tested benefit, (2) had mitigated damages by seeking and obtaining gainful employment, and (3) was an LPR.

In its order granting summary judgment, the court found that the sponsored alien could maintain an action against the sponsor for financial support, and that those actions are independent of ones that might be brought by a government agency seeking reimbursement for benefits received by the alien. It also held that the plaintiff was not precluded from enforcing the affidavit even if she had not worked or sought work; mitigation went to the issue of damages, not liability, which would be addressed in a subsequent trial.

The court spent most of its decision discussing whether the plaintiff needed to establish that she was an LPR, and concluded that she did not, since the affidavit of support obligations commence upon execution and submission of the I-864, not upon the intending immigrant's ultimately obtaining LPR status. That finding is troubling, given that it is contrary to the position of the U.S. Citizenship and Immigration Services (USCIS), which has interpreted the sponsor's obligations as commencing upon the sponsored alien's obtaining LPR status. That issue tends to arise when the parties have separated while the adjustment of status application is pending and the sponsor has sought to withdraw the affidavit of support. It also arises when joint sponsors used at the time of initial filing are no longer required at the time of adjudication of the adjustment application or consular processing. The USCIS's position has been that the sponsor or joint sponsor is entitled to retract the I-864 at any time before the adjustment is granted. That seems fair and logical, given that the purpose of the affidavit of support is to ensure that the sponsored alien does not become indigent and thus eligible for means-tested benefits after adjusting status or immigrating (they are not eligible for these public benefits before that time). Also, where is the consideration flowing to the sponsor if the alien never obtains LPR status? But according to the court in Stump, once executed and submitted, the I-864 could not be withdrawn, and it is enforceable even if the intending alien never obtains LPR status.

Source: http://www.ilw.com/store/familybasedimmigration.shtm &
http://www.immigdaily/cases/2005,1107-stump1.pdf
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I sent a question regarding any appeals on this decision in Stump v. Stump to Charles Wheeler, Esq., the author of this write up above, here's his response (by the way, responded immediatelly and professionally! I like it in attorneys)

CW: There was no appeal in the case. Several other lower courts have decided the issue in the same way. Take care,
Charles
 
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