Q: I have a couple questions I was wondering if you could help with:
1- If a legal permanent resident of the United States who is married to a US citizen moves out of the country permanently do they need to notify USCIS? And do they need to abandon their residency if they do not plan to return? Also, if they don’t notify USCIS, should their spouse do it, and could there be any negative repercussions for doing so?
2-In the same scenario above, could the permanent resident attempt to receive maintenance from their US citizen spouse based the I-864 affidavit of support? I understand the affidavit says its invalid if the spouse permanently moves outside of the USA, but what if they don’t formally abandon their residency?
A:
A permanent resident married to a US citizen must notify USCIS when moving out permanently.
If they don't plan to return, formal abandonment through Form I-407 is necessary.
The I-864 affidavit becomes invalid upon permanent departure, regardless of formal abandonment.
Dependent on the state where the maintenance is being pursued, It could be quite challenging to obtain, given the fact that spouse seeking maintenance is abandoning the other spouse. Any attempt to obtain maintenance under false pretenses is risky and could have severe legal consequences.
It's highly recommended that the permanent resident consult with an immigration attorney to discuss their specific situation and receive accurate guidance on their options and obligations.
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