Legal Question in Immigration Law in Virginia

Is immigrant ex-wife required to update me (sponsor) of new addresses

I read with interest on this board an answer for a related immigration question answered by Michael Hendrickson, Attorney.

I formally withdrew myself as sponsor of my then-wifre with the federal BCIS in 2003 at time of legal separation, due to her extra-marital affairs and apparent visa fraud that I was unaware of and that began, I later found out, even prior to the marriage; BCIS was made aware of all of her actions, and provided with evidence. She seems to have fallen off the planet.

Even with the sponsorship withdrawal (which occurred prior to conditions being removed from her ''green card''), is she required to keep me updated on her current address? Also, with this ''withdrawal of sponsorship'' prior to conditions being removed, is the Affidavit of Support still enforceable against me? Finally, is the BCIS required to advise me of the outcome of her case if the AOS is still enforceable? Thanks.


Asked on 7/10/05, 3:42 am

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Is immigrant ex-wife required to update me (sponsor) of new addresses

I concur in all that counsel Rachel Newton has said in her quite excellent response to your posted question.

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Answered on 7/12/05, 6:22 am
Rachel A. Newton Russell Immigration Law Firm, LLC

Re: Is immigrant ex-wife required to update me (sponsor) of new addresses

She is never required to provide you with her current address, although she is required to update her address with CIS.

You mention that you "withdrew your sponsorship" of your wife and notified CIS of your suspicions of fraud prior to the conditional status being removed from her "green card"). I am not sure what you mean by that. Withdrew your sponsorship how? It sounds to me like you are saying that she was approved for a conditional "green card" but needed to file an I-751 to have the conditional status removed. If you filed a joint I-751 petition, you could certainly have advised CIS that you were withdrawing your support for the joint petition. As long as you are still married, she cannot file an I-751 petition without you and she will fall out of status. Once you are divorced, however, she can file an I-751 petition by herself (without your cooperation) and submit proof that the marriage was bona fide and that the failure of the marriage was not caused by her. If you submitted to CIS strong evidence that she married you solely for immigration status and she cannot counter that evidence with stronger evidence that she did not, then her I-751 will be denied and it is likely that she would be placed in removal proceedings.

The Affidavit of Support you signed is enforceable against you for 10 years, but the federal government has never actually enforced one against anyone. Plus, she would need to receive government benefits in order for there to be anything to enforce. Your support obligation isn't to your wife, it's to the US taxpayers. You promised not to let her become a public charge soaking up taxpayer dollars in welfare and similar programs.

CIS will advise you of the outcome of a joint I-751 petition if you filed one, but if you are divorced and she files one by herself or if she files any other type of application with immigration you have no right to know anything about it. You have a right only to know the outcome of petitions you personally filed.

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Answered on 7/11/05, 10:38 am


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