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  1. #1
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    Sep 2006
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    Default Immigration Issues During Divorce

    Can an I-864 be withdrawn while a divorce is in process, before the Adustment of Status is approved?

  2. #2
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    Default Re: Immigration issue during divorce

    No. Divorce does not end your obligations under an I-864. Here's information from the State Department.

  3. #3
    Join Date
    Sep 2006
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    Default Re: Immigration issue during divorce

    i am aware that a divorce does not end the I-864 obligations. to be more clear on my question, does divorce or family law allow a sponser to withdraw a petition while a divorce is still in process. don't they have to wait for the final jusgement?

    i.e. divorce law does not allow either party to change or close bank accounts, credit cards, auto insurance, health insurance or auto insurance.

    basically, the strong party cannot disable the weaker party. does the same apply for immigration petitions?

    mpjaan

  4. #4
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    Default Re: Immigration issue during divorce

    I thought I was clear with the "no". Or am I overlooking some aspect of your question?

    The instructions accompanying the form explain,
    Quote Quoting How Long Does My Obligation as a Sponsor Continue?
    Your obligation to support the immigrant(s) you are sponsoring in this affidavit of support will continue until the sponsored immigrant becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work in the United States. Although 40 qualifying quarters of work (credits) generally equate to ten years of work, in certain cases the work of a spouse or parent adds qualifying quarters. The Social Security Administration can provide information on how to count qualifying quarters (credits) of work. The obligation also ends if you or the sponsored immigrant dies or if the sponsored immigrant ceases to be a lawful permanent resident and departs the United States. Divorce does not end the sponsorship obligation.

  5. #5

    Default Re: Immigration issue during divorce

    Consider this link:
    http://www.usdoj.gov/usao/eousa/foia...9/crm01948.htm

    it reads;
    There have been situations where a bona fide marriage turns sour but the alien induces the U.S. citizen spouse to maintain the marriage as a ruse only as long as necessary for the alien to obtain status as a permanent resident alien. There is a line of cases holding that the viability of the marriage, if initially valid, is not a proper concern of the INS. United States v. Qaisi, 779 F.2d 346 (6th Cir. 1985); Dabaghian v. Civilleti, 607 F.2d 868 (9th Cir. 1979), and cases cited therein. However, the Immigration Marriage Fraud Amendments of 1986, 8 U.S.C. 1186a, were designed, inter alia, to eliminate the Qaisi type loophole by establishing a two-year conditional status for alien spouses seeking permanent resident status, and requiring that an actual family unit still remain in existence at the end of the two year period.

    I am not an attorney, but it seems that there is some protection if the unconditional card has not been issued. There is always the right of the immigrant to appeal, but that can be difficult.

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