Abandonment

L

Leo_Strauss

Registered Users (C)
Hi all,

I have a question about the following situation.

I have a friend who is a USC and married to a person who received the conditional GC a few months back. The spouse of my friend has recently left my friend, taken their savings, and other things. My friend has no contact information, as the spouse has moved out, changed phone numbers, jobs etc.

If my friend files for a divorce on the grounds of abandonment, what will INS do when its time to remove the conditions on spouse's GC? Anyone had to go through this before?

Thanks
 
the spouse will have to remove the conditions on her own. Good luck with that, especially if your friend informs USCIS about her abandonment issue.
 
Leo,
Your friend needs to move on. The "spouse" will be responsible for removing the conditions on his/her GC. The only downside is that your friend's I-864 will still be legally binding. A divorce will not end the sponsorship agreement.
 
Triple Citizen said:
Leo,
Your friend needs to move on. The "spouse" will be responsible for removing the conditions on his/her GC. The only downside is that your friend's I-864 will still be legally binding. A divorce will not end the sponsorship agreement.
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Guys,

I understand that the "spouse" has to remove the conditions alone but I guess what my friend needs to know is if the abandonment is used as a reason would that be considered by the INS at the time of removing conditions? What if the INS was informed about the reason, would the "spouse" be stripped of the GC?

Thanks
 
As soon as the divorce is finalised, the "spouse" has to file an I-751 (with a waiver) to remove his/her conditions. The burden of proof will be on the spouse to convince USCIS that the marriage was entered into with good faith. If USCIS is convinced, the spouse will be allowed to keep his/her GC status. Simple as that.
 
In this case, I think your friend should keep documentation about her taking the savings and dates and stuff. I don't think she will get away with it.
 
I guess I should add that my friend wants to get back at the "spouse" for running away in this way by wanting to make sure that USCIS knows that this marriage was probably a sham on part of the "spouse".

Thanks for all your replies so far.
 
Leo,
If it was a "sham" marriage, your "friend" will perhaps also get in trouble. A "sham marriage" needs both parties to actively create the fasade. If you "friend" is angry about being "used", then USCIS does not really care. They got through AOS. Now the "spouse" is responsible for removing conditions on the PR status. Your "friend" is still bound to the 10 year long I-864 he/she signed, unless the "spouse" leaves the US, becomes a citizen or dies.
 
Triple Citizen said:
Leo,
If it was a "sham" marriage, your "friend" will perhaps also get in trouble. A "sham marriage" needs both parties to actively create the fasade. If you "friend" is angry about being "used", then USCIS does not really care. They got through AOS. Now the "spouse" is responsible for removing conditions on the PR status. Your "friend" is still bound to the 10 year long I-864 he/she signed, unless the "spouse" leaves the US, becomes a citizen or dies.
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What exactly do you mean by "bound to the 10 year long I-864 he/she signed"? Are you saying that once a USC or a GC holder brings someone into the country through family visas they are responsible for them for the first 10 years during which that family member becomes a GC holder as well? What if the person who came to the states ends up on taxpayer money or kills someone or something along those lines? Would that by my problem if I sponsored that person? That would be absurd in my opinion.

Thanks again.
 
Why is it absurd? A sponsoring citizen or GC holder is responsible financially for the immigrant for 10 years. Didn't your "friend" read the I-864 before he signed it? Immigration is a benefit, not a right. So if the US governmeet wants an assurance that the incoming immigrant will be provided for by a citizen/resident for a certain time, I have no problem with it.
You "friend" will be responsible if the "spouse" goes on welfare. Now whether the US government actively pursues the "friend" with regards to his/her I-864, that is a different story.
 
Leo_Strauss said:
What exactly do you mean by "bound to the 10 year long I-864 he/she signed"? Are you saying that once a USC or a GC holder brings someone into the country through family visas they are responsible for them for the first 10 years during which that family member becomes a GC holder as well? What if the person who came to the states ends up on taxpayer money or kills someone or something along those lines? Would that by my problem if I sponsored that person? That would be absurd in my opinion.

Thanks again.
Click to expand...

Hi:

Of course your friend will be financially responsible if the spouse goes on certain types of welfare. Did your friend read the legally binding contract she signed (I864)? Your friend is responsible until (1) the spouse becomes a USC or (2) the spouse dies or permanently leaves the US or (3) until the spouse is credited with 40 quarters - i.e. 10 yrs. Just because you don't read a contract, does not mean you are not bound by it.

Incidentally, your friend will not be responsible for CRIMINAL actions committed by the spouse.
 
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