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SEVERE Domestic Violence from immigrant husband. I am the u.s. citizen wife. Few questions...

- Is it possible to revoke an I-864 on a CR-1 (Conditional Resident) visa?

- He no longer lives with me since his arrest and has not notified immigration. Will I be liable for his lack of notification.

-I filed for divorce but he is not signing any paperwork, has went into hiding with friends (in our same state) and is avoiding the sheriff to be served. If I just wait a few months until he is forced to go to court on the domestic violence crime, could I have him served with the divorce papers while he stands in court?

-I am pretty sure this is a case of marriage fraud that backfired on my husband (He was being abusive anyway and probably thought I was too mentally broke down by his physical & verbal abuse to call the police and he'd get his greencard eventually). How can I prove it?

Additional information
He was charged with aggravated assault-Felony and has not gone to court yet.
He has his conditional green card in his possession now.
Is there a legal reason (immigration wise) for why he could be avoiding the divorce service?
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Attorney answers (2)

Reputation Level 20
You can check with attorneys in your state what makes a valid service of process. In general, a party to a lawsuit cannot be the one serving the documents. That is, you cannot serve your divorce papers on your husband.

In general, a defendant can be personally served anywhere the documents can be handed to the defendant. Thus, while your husband is in court, any person who is not a party to your divorce case can serve your husband. In WA, the persons who can serve your husband would include your attorney. You can check what the rules are in your state.

If your husband is convicted of or plead guilty to a charge of domestic violence against you, he likely is subject to deportation. If he is deported, your obligations under the I-864 would terminate. The other times when your obligations end are listed in the Form I-864.

You should review your situation with attorneys in your state.
3 people marked this answer as good

Reputation Level 11
It is not enough to be ordered deported to terminate your obligation on the I-864. He must not only be ordered deported but actually be phsyically deported. Sounds strange I know but it is true. If you don't divorce he will need you to file a joint I-751. He can only file an I-751 by himself if he is actually divorced unless he applies for one of the other waivers. I you know his alien number you could send a letter to USCIS but often times they look at this as the bitter spouse just writing a letter. Remember that an I-864 is a contract that you made with the US government and it survives divorce.
5 people marked this answer as good

Other answers (1)

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kenfcarver

You can withdraw your I-864 if the beneficiary's I-485 has not been approved yet. If your spouse's I485 has been adjuncated you cannot withdraw the I-864. You must also withdraw your I-130 or I-129F and your spouse will be out of status and subject to removal. Even if your spouse files a I360 VAWA petition she will still be subject to removal even if she obtains Prima Facie status if her I485 was never approved. The I-360 VAWA processing time is now about 18 months in 2009 and everyone , including Marriage Fraud scammers,recieve Prima Facie status 2 weeks after filing if there are no paperwork mistakes due to the backlog.
1 person marked this answer as good

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