elkins888 comments on Divorce within 2 year. What happens?
I-864 Sponsor, AOS, Divorce Flaleo, you ask what happens if you divorce after the 2 years and after AOS is completed?
I can provide you with my personal experience and you can take it for what it’s worth. I think every INS office makes their own rules and they seem to change from day to day. In short you are on the hook financially for 10 years or more. Her re-marriage has no effect or your obligation relating to the I-864.
This was my personal experience, but others may disagree with the process or may have had a pleasant experience with INS.
In my case, my wife began or continued a romantic relationship with a former novio from her home country which finally ended our marriage. You must be careful before going to the INS for the AOS meeting if your plans are to withdraw your I-864 sponsorship. Your wife can file documents saying the marriage was entered into in good faith. This in effect would provide her with the permanent residence status and the I-864 remaining in effect.
I had planned to explain the above and prove my case with documents during the adjustment of status meeting with the INS in Dallas. I intended proving the marriage was not entered into in good faith on her part. I drove to the INS in Dallas with my wife.
To my horror, I was not allowed to enter the INS office in Dallas for the AOS hearing. I know someone will say this can’t be true and the meeting between the wife and husband with the INS officer is required. In my case this did not happen and my wife was the only person interviewed. She received the permanent resident card a couple of weeks later in the mail. I think during this period of time INS was under pressure from the Bush Administration to complete the backlog of AOS cases. This was August 2001 just before 911 and I’m sure things changed during the following months. I have never had an interview with any INS officer.
I attempted to contact INS later through an attorney with negative results. My neighbor who happened to be the County Sheriff introduced me the local INS investigator in my area. We met for lunch and I explained my case to him. He told me not to waste my money on an attorney. He explained once the person receives the “permanent resident” card it would take an act of Congress to expel them from the country. He suggested I provide him with a registered copy of my report and to also mail the same to the INS office in Dallas. He said not to expect a reply from INS which was the case. He did however agree to speak with his supervisor and place a copy of my report in her file. Hopefully I will have a case if they ever attempt to enforce the I-864.
He did provide positive information as to the I-864. In his opinion the INS did not have the manpower to pursue sponsors at the present time. He however explained this could change in the future. You are on the hook for 10 years providing the person continues to work full time. (see below I-864 information)
I would suggest anyone planning to sponsor a person to first do their home work and consider the financial responsibility before marriage. My pain continues not only for the financial loss, but the loss of a failed marriage. Money can be replaced, but the lost years can not.
P.S. The pain and worry doesn’t stop with the divorce. I hope my story can help at least one person. There are many wonderful people in Central and South America, but one needs to use caution. Listen to your heart, but also take notes as to how the relationship is going. I had plenty of warning signals, but the heart took control.
The Affidavit of Support is enforceable against the sponsor until the immigrant becomes a U.S. citizen, can be credited with 40 quarters to work, leaves the United States permanently, or dies. If sponsors do not provide basic support to the immigrants they bring to the United States, they may be sued by the sponsored immigrants and by federal or state benefits agencies for the amount of the means-tested public benefits provided to sponsored immigrants.
As required by law, the sponsor must report every change of address to INS using Form I-865, Sponsor’s Notice of Change of Address, within 30 days of the change. The INS will maintain this information in an automated database and provide it to benefit granting agencies upon request.
