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  1. #1

    Default How to Get Out of a Form I-864

    Thank you for inviting me to start a new thread.

    What is the reason you were asking about the I-864?

    I ask because I am in a similar situation. His visa was running out and he said he didn't want to be separated from me. Immediately after marriage, all he cared about was the immigration status. Once that was taken care of, three weeks after marriage, the physical abuse started, I discovered his girlfriend and for both reasons, kicked him out of the house. He told me if I didn't go through with the immigration interview, they would put me in jail for marriage fraud. Two weeks after the immigration interview, I sent in a letter to withdraw my financial support, but USCIS say they never received it. When I filed for divorce after 8 months of marriage, I discovered I'm financially responsible for him because of the I-864.

    Last time I talked to him (two months ago), he said he was "desperate." So, I'm caught between fear that he'll retaliate if I tell USCIS and fear that USCIS will throw me in jail for marriage fraud if I don't. Other than changing my name and moving to another state, what can I do?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: How to Get Out of a Form I-864

    Sure appears to be a real problem. It appears that not only are you jointly liable for his obligations, you promised to ensure his income would remain at or above 125% of the federally determined level of poverty. That means you can actually be required to pay him support if he does not otherwise have an income of at least that amount.


    http://www.floridabar.org/divcom/jn/...&Highlight=0,*

    http://www.uscis.gov/files/article/AffSuppAFM062706.pdf

    as stated in the first link, the only way for your obligation to end is:


    • He becomes naturalized;
    • Is credited with at least 40 quarters of employment in the Social Security system;
    • Loses or abandons his or her lawful permanent resident status; or
    • Dies
    the fact you signed this contract with the federal government, I do not believe running away is going to solve your problems.

  3. #3

    Default Re: How to Get Out of a Form I-864

    Thank you, but that covers permanent resident status .... what about conditional status? Any ideas?

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: How to Get Out of a Form I-864

    It applies to conditional, too.

    Trust me - I've been there and done that.

    (I'm an English ex-pat living in the US)

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: How to Get Out of a Form I-864

    Quote Quoting SnowQueenoftheNorth
    View Post
    Thank you, but that covers permanent resident status .... what about conditional status? Any ideas?
    Where do you get that that covers permanent residents only? Your contract is what it is. I listed the justifications for termination of the contract. Until one of those events transpires, your contract is in force and your obligation remains.

    So, that puts you between a rock and a hard place:

    pay him his allowance or attempt to get him deported due to the illegal actions used to allow him to remain here.

    Due to the complexities of the issue, I would surely run this past an immigration lawyer though before you do anything that might get you into legal trouble.

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