Sponsored immigrant has dissapeared.

R

rmiracle252

New Member
Hello,

Thank you for helping me if you can. I imported my wife with the K-1 visa on 10/?/06. We got married on 1/20/07.

The marriage fell apart, she started sleeping with another man, and we are now divorced. The divorce started on 3/10 and was finalized on 7/10. She moved in with her new man on 3/10 but I do not know where she moved to.

I have no desire to destroy her visa or naturalization process, however she has cut off all communication with me as of about 6 months ago, and last I knew I was her sponsor and her registered address was with me.

I am starting to get concerned that I might be in some legal trouble, because I am her sponsor, and I believe she is not updating her marital or legal address with USCIS.

Am I in any trouble, and what documents should I file to protect myself?

Any leads would be greatly appreciated.

Thank you

Riley
 
Did she successfully complete her AOS to permanent resident?

If yes, does she now have a 2 year or a 10 year GC?

Also- don't worry yourself about legal troubles. Your only obligation as her sponsor is if she uses means tested government benefits (ie, welfare etc). The rest of her visajourney (whether it be ROC or naturalization) is all on her, so dont worry about it.
 
I never thought I would see this terminology in use on this forum :)

rmiracle252 said:
I imported my wife with the K-1 visa on 10/?/06.
Click to expand...

Keep in mind that your supplied I-864 is still enforceable. If she gets into trouble with the law, you are not responsible for that. Since you are divorced, she is responsible for getting her conditions lifted, assuming she was on conditional status when you both divorced. All in all, you do not have anything to worry barring the I-864.

rmiracle252 said:
I am starting to get concerned that I might be in some legal trouble, because I am her sponsor, and I believe she is not updating her marital or legal address with USCIS.

Am I in any trouble, and what documents should I file to protect myself?
Click to expand...
 
IF she took off without completing the adjustment of status process, then the I-864 would not have kicked-in yet.

IF that is the case, she has screwed herself (pardon the pun). A K-1 can ONLY adjust as the spouse of the K-1 sponsor.

IF the AOS was completed to the conditional status, then the I-751 process can lead to termination because she did not enter into the marriage in good faith.
 
Same thing happened to me!

Unfortunately the same thing has happened to me. My wife is still in the 2 year conditional period and has a conditional green card. Is there any way I can remove my sponsorship of the I-864 and how can I dispute the I-751 since the marriage was not entered into in good faith?
 
jasonbz99 said:
Unfortunately the same thing has happened to me. My wife is still in the 2 year conditional period and has a conditional green card. Is there any way I can remove my sponsorship of the I-864 and how can I dispute the I-751 since the marriage was not entered into in good faith?
Click to expand...

The I-751 must be filed jointly UNLESS:

she gets a waiver for hardship,
gets a waiver for a "good faith" marriage gone bad,
asserts "abuse" under VAWA,
or you die.

Any of the first three and you still are financially on the hook.

You cannot get out of the I-864 obligation until she:

has her status terminated,
gets deported,
abandons her LPR status,
works 10 years full time,
naturalizes,
dies.

The same goes for any "stepchildren" you sponsored.

Your I-864 is on file with USCIS, if any government agency is asked for aid, they contact the USCIS "SAVE" Program [Systematic Alien Verification for Entitlements (SAVE) Program] to get her sponsor information and can sue you or garnish your wages for reimbursement.

http://www.uscis.gov/portal/site/us...nnel=1721c2ec0c7c8110VgnVCM1000004718190aRCRD
 
The table turns!

Thanks for all your help. Before she left she called the police and made a complaint that I had physically abused her. She had the police take her to a women's shelter. She called me today to attempt to reconcile and stated that I never touched her and that she had made up all the charges because she was angry with me. Too bad for her I recorded the conversation. HA! HA! This boy ain't going to jail! I am now going to press charges against her for filing a false police report and when she is convicted i'm sure it will give her VAWA application some serious complications. I had heard that americans need to be very careful when sponsoring immigrants but I really thought I knew this woman. Now she's upset because she doesn't like the women's shelter and none of her friends will take her in, and her family is angry with her and told her she's wrong, so she wants to come back. I hate to force the issue and press charges against her, but I have 3 kids at home and I cannot let a false allegation put them in harms way. Any other suggestions would be greatly appreciated.
 
I-407

On the tape she acknowledged that she had made up the charges against me, explained that her motive was because she was angry with me and that her friends told her that if she called the police she would have a guaranteed approval VAWA case. It's funny but as my attorney was taking the tape down to the DA to clear my name and help me file charges of filing a false police report, her friends explained to her that based on the circumstances and the taped confession, a criminal conviction for a crime in moral turpitude would be grounds for deportation and would block her VAWA claim. Believe it or not, she decided to sign a 407 and me and my kids are safe again. If you are ever falsely accused of a VAWA complaint, get a tape recorder!
 
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