Withdrawing sponsorship after the conditions free GC was received

retropunk

New Member
I'm a US citizen who married a Chinese woman 3 years ago. Sadly, a few days after she was approved removal of the conditional status of her GC I found out that she had been cheating on me with other men. And not only that, I found out that she even had been having sex with men for money for the past few months.
Now, I know I'm very stupid for doing this, but after talking with her and listening to her explanations, apologies, crying and promise to never do anything similar again I forgave her and didn't divorce her as I had originally decided. I noticed that at first she was a different person but exposure to bad influences in the US changed her. Plus her life seems to revolve around finding ways to always save money even though she rarely uses it. So I guess the lure of "easy" money was too attractive to her (or at least that's one of the excuses she gave). Needless to say I now watch her all the time and don't fully trust her at all.

Here are my questions:
1. Since she already received her GC with conditions removed, is there anything I can do to cancel my Sponsorship if I find out that her apology was fake and we get divorced? Would any evidence of her cheating and prostituting herself before she received the GC be enough proof to show that her marriage was not in good faith?

2. She's always talking about how easy it is to get Welfare in the US so I'm concerned that if we get divorced she may want to go on Welfare and then I would be responsible for repaying aid she would receive especially since she wouldn't be entitled to it if they took my income and assets into consideration. But I know welfare workers don't always check as much as they should before they grant benefits.

3. And the last question is, if she didn't love me and she has already received her conditions free GC, is there any other reason why she would want to stay with me at this point? That's one thing that doesn't make sense to me about her, because even though I pretty much support her, she's a very independent person, is currently working and would probably be able to survive without me. Plus I do not have much money either, so I was wondering if there is anything else she can get out of me at this point other than being able to apply for citizenship in 3 years rather than 5. Or is there anything else she needs me for to adjust her immigration status? My understanding was that the only step left for her was getting her citizenship and she doesn't need me for that, right?

Thanks!
 
If it's that bad, you just need to wish her well and move on. I'm sorry to hear this. I hope everything work out for you.
 
She has her unconditional green card; no more sponsorship is required for her to keep it. Revoking it now would involve lengthy court proceedings.

She still needs to be married to you if she wants to get citizenship in 3 years instead of 5. But she already has what she needs to continue living in the US legally, which is the unconditional green card.
 
Tricky problem. Strange as it seems, it may actually be better for you to get her to become a USC, because at that point the sponsorship officially ends. In absence of that, the sponsorship continues until she has accrued 10 years of social security contributions (i.e. she must be working and paying into SS).
 
The I-864 remains intact until 40 quarters of social security contributions, the GC holder becomes a citizen or the GC holder dies. Whichever occurs first.
 
Tricky problem. Strange as it seems, it may actually be better for you to get her to become a USC, because at that point the sponsorship officially ends. In absence of that, the sponsorship continues until she has accrued 10 years of social security contributions (i.e. she must be working and paying into SS).
True ... while no more sponsorship is necessary for the purpose of her living in the country as a permanent resident, the sponsoring spouse is still financially liable for supporting the immigrant spouse for 10 years or until the immigrant spouse becomes a citizen (or dies). My prior post was only addressing the permanent residence aspect, not the financial.

But depending on the laws of the state and the relative balance of financial assets and income of the spouses involved, after divorce one ex-spouse can be financially liable for supporting the other for much longer than 10 years, regardless of citizenship.
 
And not only that, I found out that she even had been having sex with men for money for the past few months.

If you can get evidence of this, she could be charged withand have her GC revoked. If I recall my interview correctly, one of the specific questions asked is whether the alien is coming to the US to engage in prostitution. If she's charged and convicted, USCIS can deport her based on fraud at the interview.
 
If you can get evidence of this, she could be charged withand have her GC revoked. If I recall my interview correctly, one of the specific questions asked is whether the alien is coming to the US to engage in prostitution. If she's charged and convicted, USCIS can deport her based on fraud at the interview.

as always you are right.
 
as always you are right.

As a practical matter, it would be very hard to do. From the facts given, it is not at all clear that she came to the US to engage in prostitution. Now whether the offense in itself could give rise to deporation is another matter.

The husband is likely stuck with his I864. It will remain in effect unless those enumerated conditions, kindly supplied by Triple Citizen, are satisfied. Even a divorce is not going to alter that.

Could he try and get her deported? Perhaps. Is his attempt likely to be successful? No.
 
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