withdraw support after I-751?

B

billmane

Registered Users (C)
i married a foreign > sponsored her > I bought a house > and we have a 2.5 year old.

problems have been consistent in terms of general fidelity but they got worse just after i signed the recent and last "2 year' form that would make her status permanent.

just after doing so (nearing 90 days ago) other things have happened (like some cash missing, only a few hundred, but its the sentiment, not the amount). an embarrassing dust up with a neighbors (my wife had been emailing the husband (maybe more) and his wife found out…I had to act like it was in in regular neighborly spirt)

now i have evidence of an affair. i know 100% but the physical evidence is somewhat soft. however, there are text messages and a couple emails that are fairly damming.

because of our son and the fact that we are kind of stuck in this house until it sells (its on the market now), i dont know how willing I am to go through with a divorce. it seems an annulment might be more fitting....

but regardless, I want find out if I can withdraw my support and what I have to do.

can i withdraw support and then we still live in the house together (because we are stuck here until it sells) ? we have both talked about once the house sells that a possibility that we would part ways. on my end, i would now like nothing more, but it is not feasible to make big moves until it sells.

I am pretty sure the deadline for her getting the permanent status is only a couple weeks away.

note i dont care if she gets deported that is not my goal...i just want to withdraw my support.
 
Withdraw what kind of support? With you having had a child together, she'll ultimately be able to prove she had a legitimate marriage and get the 10-year green card even without your cooperation.
 
Withdraw what kind of support?

rescind my sig on- I-751...i don't care if she goes ahead and does whatever on her own but i would prefer to not enable the current process with my endorsement.

I was under impression I could withdraw with just cause even if not in divorce or annulment proceedings and that that would stop current application but that she would then be able to re-apply on her own accord- which i have no issue with...just not on my back

I called USCIS and they just kept saying there was nothing I could do after I-751 was signed by me - that only she could do something - essentially saying I am stuck. I dont get it.

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I was also thinking I could withdraw based on my having read this post on this forum:

can-petationar-wife-withdraw-joint-I751

Did I misunderstand it?
 
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"On your back" how? Even if you get divorced, you're still held to the I-864 financial support requirements.

At this point it's going to be more difficult for you to get in the way of her I-751 than to let her go ahead undisturbed. You can't rescind it, all you can do is meddle and create hassles for both yourself and her, and ultimately she's going to get it done and have the 10-year green card anyway.
 
i appreciate the reply. when you say "all you can do is meddle" indicates action can be taken. can action be taken or not? what action can be taken?

like i said...i understand she can do anything she wants and I have no issue with that
 
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I mean you could get lawyers and start spamming her and USCIS with crap requests and allegations just to make things more slower or more difficult for her, but in the end she's still going to get the 10-year card.
 
OP, Immigration is only interested in finding out if anyone entered into a marriage for immigration benefit - they don't care about marital problems as long as it doesn't relate to immigration fraud.

From your first post, it seems that both of you entered the marriage in good faith. The most concrete evidence of that is your son that you had with her. Unless you can produce other convincing proofs like emails/letters written by your wife clearly mentioning about entering the marriage for immigration benefits, Immigration will not find anything wrong with this marriage. Because of this, even if you hadn't signed her I-751, she would be able to get the 10-year card on her own.

At this time, it just looks like you are a pissed of husband who is trying to make things harder for his wife, in a way that does not have any basis. The marriage was real - so that's all that matters as far as immigration is concerned.

You can divorce her, but it will only escalate the problems for you. First of all, she will AUTOMATICALLY get the physical custody of the very young child. You will be paying child support, and may be even spousal maintenance. On top of that, you will be bound by the I-864 terms for as long as she is a permanent resident (with some exceptions).

I am not passing judgment here - but I can understand when people come here to ask for advice in not supporting a spouse in immigration matters, when they have clear and convincing proofs for immigration fraud. However, I find it as an act of revenge when people want to basically make things harder for their spouses even though their marriages were real. Immigrants are also human beings, and love/affection/marriage/relationships go up and down just like everyone else.
 
that is the whole point, I am not sure it was real. I am not just "pissed off" in the here and now. I feel like I got duped, issues were progressive and culminated with the current state - which is she is cheating. but like you said even if I divorce I will not be any better off. oh well...
 
billmane said:
that is the whole point, I am not sure it was real. I am not just "pissed off" in the here and now. I feel like I got duped, issues were progressive and culminated with the current state - which is she is cheating. but like you said even if I divorce I will not be any better off. oh well...
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Bill,

You can view this as a learning experience, because in reading your posting, you seem to have been dubbed by an amorous wife who is a cheater and want to be a neighborhood bang bang...:( After creating a scene with the neighbor's hubby, it seems as if she's a nutty person who is creating issues for you. Unfortunately, your remedies are limited and even less, you can't claim fraud...you produced a 2.5 years old child, she is probably a person of low morals or poor judgement.

Divorcing her is the only option for you to recover from this embarrassing experience and possibly, feeling that you were ripped. I'd advise you to think long-term, if she's deported at some point, then what about your child? You would want her/him to have a mother, even if she has bad morals...:confused:. It is sad, but just cut your losses and move on. Remember, she is a product of your intelligent choice, reflecting the totality of your thinking about her as a mate. Unfortunately, you were wrong, but recover dude and move-on...:D
 
I have a similar situation...no kids and still under 2 years before we have to file for I-751.
My wife has become abusing and read in some of her email to close friends she's planning to divorce me right after she gets her conditions removed and receives her 10 year permanent green card.
Her temporay green card expires in November, so I still have time to act. She still doesn't know I found out about her intentions.
I need advise regarding what to do to prevent her from filing and getting the permanente residency.
Is there a way to report this ahead of time I do not want to wait until the very end to act.
 
Get copies of emails, send to USCIS along with a nice letter explaining the situation. Do not sign her I-751
 
alwinsamayoa said:
Thank God I have made copies of all her emails which shows her intentions.
Thanks for all your help.
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When sending to USCIS, make sure you include sufficient information to identify her and the green card; such as a copy of her green card or I-485 approval notice.

Of course, if confronted by USCIS she may deny sending those emails; so you may need a lawyer to initiate a subpoena on the email provider to help prove that she actually sent them. And don't let her know that you found this out; if she finds out she'll start getting more secretive and you'll find it hard to get any more evidence, whether it is email or otherwise.
 
hi

billmane said:
that is the whole point, I am not sure it was real. I am not just "pissed off" in the here and now. I feel like I got duped, issues were progressive and culminated with the current state - which is she is cheating. but like you said even if I divorce I will not be any better off. oh well...
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When you got married and had a child it was all REAL, now since it is BROKEN you feel DUPED and PISSED. Its not cheating, she has comfortably found true love elsewhere. Someone to love her better than you.

Your no better of in anyway buddy, pony up get a divorce and move on.

Seems like every USC gets duped when an ALIEN divorces them. If her marriage is true she will get her 10 year card and get her citizenship too, nothing much you can do.
 
khayyam said:
When you got married and had a child it was all REAL, now since it is BROKEN you feel DUPED and PISSED. Its not cheating, she has comfortably found true love elsewhere.
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It's not immigration fraud, but it is definitely cheating. She found that somebody else while still being married.
 
khayyam said:
When you got married and had a child it was all REAL, now since it is BROKEN you feel DUPED and PISSED. Its not cheating, she has comfortably found true love elsewhere. Someone to love her better than you.

Your no better of in anyway buddy, pony up get a divorce and move on.

Seems like every USC gets duped when an ALIEN divorces them. If her marriage is true she will get her 10 year card and get her citizenship too, nothing much you can do.
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I am sure you are the new truelove she found. You response is so insensitive and full of hot air. This guy has became an embarrassment of his neighborhood by his wife's stupid action and all you can think of is that his wife is NOT cheating and he should pony up the divorce? What a rush limbaugh crap! Billmane should petition for the paternity of the child, who know which semen created this child? Not every USC claim fraud, your generalization is outrageous and you ought to be ashamed of your broad brush... I hope your spouse find true love somewhere else before your greencard paperwork is complete, we will see who is going to be smiling and claiming their spouse found true love and are going back to Kazakhstan to look after cattles with Borat...
 
Jackolantern said:
It's not immigration fraud, but it is definitely cheating. She found that somebody else while still being married.
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Cheating? Sure, depends whose looking at it. The cheated feel duped, the cheating feel blessed they have found love. BTW..no immigration fraud was mentioned, where did you get that from? Its a perfect legit relationship and USCIS doesn't care about whose cheating. This is not a cheating forum but an immigration forum.
 
Al Southner said:
I am sure you are the new truelove she found. You response is so insensitive and full of hot air. This guy has became an embarrassment of his neighborhood by his wife's stupid action and all you can think of is that his wife is NOT cheating and he should pony up the divorce? What a rush limbaugh crap! Billmane should petition for the paternity of the child, who know which semen created this child? Not every USC claim fraud, your generalization is outrageous and you ought to be ashamed of your broad brush... I hope your spouse find true love somewhere else before your greencard paperwork is complete, we will see who is going to be smiling and claiming their spouse found true love and are going back to Kazakhstan to look after cattles with Borat...
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You have excellent writing skills. Where did you sharpen them? Law school or Jerry Springer?

Billmane: Whatever is happening in your life is bad. On the immigration front there is nothing you can do with respect of the support question. On the family law side you will have to fight till you get a desirable outcome after your divorce. Read the funny disclaimer of our very experienced poster Al Southner. Go to an attorney and keep us updated on what your attorney says. Good Luck.
 
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