Is AOS still enforceable after formal withdraw of sponsorship?

[jonlouisville]

Background: I formally withdrew myself as sponsor of my then-wife with the federal BCIS in 2003 at time of legal separation, and prior to conditions being removed, due to her extra-marital affairs and apparent visa fraud that I was unaware of, and that began, I later found out, even prior to the marriage; BCIS was made aware of all of her actions, and provided with a lot of evidence. She applied for an I-751 by herself via a so-called immigration attorney following the separation (but before the divorce, so the application was improper and would have been summarily dismissed... so her lawyer obviously hadn't read that BCIS memo!); she had no grounds (ie. no police visits, no calls to 911, etc.) for the commonly-used final-resort "abuse" excuse fraudsters like to pull out of their back pocket.

She now seems to have fallen off the planet. I have no idea if her petition was approved (I have a copy of the INS receipt, so have the case number), she was ordered to leave, or went underground.

My questions:

Even with the sponsorship withdrawal (which occurred prior to conditions being removed from her "green card"), is she required to keep me updated on her current address?

Also, with this "withdrawal of sponsorship" prior to conditions being removed, is the Affidavit of Support still enforceable against me?

Finally, is the BCIS required to advise me of the outcome of her case (ie. is she still in the country?). If not, can it be obtained via a Freedom of Information Act petition?

I frankly don't like the draconian AOS hanging over my head, and if it's history, i will be able to sleep more peacefully for the next 5 years or so.

Thanks.

 

[hanging in here]

Since your ex wife is already a PR (with a conditional green card), you might post this on the life after green card forum.
I know a friend who is in a similar situation. He seems to think once her ex wife loses her green card, he won't be responsible for her illegal act (and why should he, he's the victim here!) But you are right to be concerned with those questions you raised.

Good luck and please keep us informed.

 

[LucyMO]

she is not required to keep YOU informed of her address.

if she is no longer a PR, the affidavit is not enforceable.

BCIS is not required to keep you informed of the status, but if your address is on file as the mailing address for her petitions - you will get them.

 

[jonlouisville]

Whew!!! My mind is at ease, now. Possibly "Hanging In There" can advise your friend to chill, too. I received the following (edited) response today from an immigration attorney on another board:

"She is never required to provide you with her current address, although she is required to update her address with CIS." And I know for a fact she didn't do that! (oops!) "If you filed a joint I-751 petition, you could certainly have advised CIS that you were withdrawing your support for the joint petition.
As long as you are still married, she cannot file an I-751 petition without you and she will fall out of status. Once you are divorced, however, she can file an I-751 petition by herself (without your cooperation) and submit proof that the marriage was bona fide and that the failure of the marriage was not caused by her. If you submitted to CIS strong evidence" (which I did) "that she married you solely for immigration status and she cannot counter that evidence with stronger evidence that she did not, then her I-751 will be denied and it is likely that she would be placed in removal proceedings." She filed a separate I-751 before the divorce was finalized, so that would have been summarily dismissed per BCIS rules; she would have had to file another if they allowed it.

"The Affidavit of Support you signed is enforceable against you for 10 years, but the federal government has never actually enforced one against anyone. Plus, she would need to receive government benefits in order for there to be anything to enforce. Your support obligation isn't to your wife, it's to the US taxpayers. You promised not to let her become a public charge soaking up taxpayer dollars in welfare and similar programs.

CIS will advise you of the outcome of a joint I-751 petition if you filed one, but if you are divorced and she files one by herself or if she files any other type of application with immigration you have no right to know anything about it. You have a right only to know the outcome of petitions you personally filed."

So, the bottom line is that none of us in the same boat has to really worry about the AOS. Move on. Actually, as pointed out by another member on my other thread I started under "After the Green Card" here, attempting to contact your ex or even to try discern her/his whereabouts could conceivably be construed as harrassment or abuse, potentially giving them a second chance! So don't do it. She/He is the government's problem; let them deal with it.

Best news I've heard all year: The AOS is legally enforceable, but they don't enforce it.

 

[Asta]

Actually, the sponsored immigrant can indeed sue the sponsor for support.

"If sponsors do not provide basic support to new immigrants, they may be sued by the sponsored immigrants and by the agencies for the amount of benefits provided to sponsored immigrants."

My lawyer is actually dealing with a similar case; the husband is enforcing the affidavit as he cannot work (he's become disabled) and he cannot obtain gov invalidity benefit.

Be. Very. Careful.

Because unless the immigrant abandons his/her residency; can be credited with 40 quarters; dies or becomes a citizen, he/she can enforce the affidavit.

125% of the poverty level might not seem much (and let's face it, who wants to live on that?!)....but you could end up liable for that amount until the immigrant can satisfy the requirements needed to obtain means-tested benefits.