If I pull the I-864 what happens?

[NaNaNaNaBooBoo 0]

We are currently waiting for his adjustment of status to go through, we were married in August and filed in December. He just had his biometrics appointment. If I pull the I-864, what exactly happens? If we do reconcile, can I resubmit it? We really need more time, as we have only been in marriage counseling for 3 weeks, (our second time in counseling since we were married 6 months ago) but things seem to be getting worse instead of better. Although he is going, so I know in his heart he wants to make it work. I keep hoping that if he starts working things might be different and he will feel good about himself and our family again. But I imagine if I pull the I-864 he won't get his EAD.

In the meantime, we have a two year old that is caught in the middle and a baby on the way. It is so hard to decide what to do, as I want to give it at least a year of marriage as I hear that is the hardest year for any couple, let alone a mixed culture couple, but I worry that if this isn't going to work, we will suffer greatly, in particular our babies. Then again, I want him to be a part of his childrens' lives and maybe the best way to do that would be if he were here in the US. I am part of the foreign service where I work at different embassies around the world and due to the nature of my work and our relationship I am strongly discouraged to enter his home country, so if we split without his greencard, chances of him seeing the children would be slim.

I try to chalk up our differences to cultural differences, but I have never felt so unhappy in my whole life, and have never been treated so poorly in my life. The pain is unbearable, and is affecting my health and my job, not good when you are pregnant. We go days and days without speaking to one another, as he will not speak to me when we have an argument, let alone have a normal conversation about the weather, life, and love. And the paranoia is unreal, as he is constantly speaking in his language to people on the phone including women at all hours of the night and I have no idea what they are saying to one another. His little Hi5 (like myspace) profile is set to private, so I can't see what is really going on, but when I do walk by when he is on the Hi5 website, I see he has literally 178 friends almost all of which are young women and his status instead of saying married says "tell you later". Adding to my fears is that his father had 2 wives at the same time, although my husband says he saw what it did to his mother and he would never want to do that to me, it is only me and he never wants anyone else.

We lived together for a year in Africa, even with our daughter, and it wasn't like this at all, we were so happy, but he was working and I was in school so he felt like he was the breadwinner. We are under extreme pressures from money, the new soon to be baby, our two year old, and our schedules (I am up for work by 5 am in bed by 9 and he is up at noon and in bed by 3 am by choice), let alone the idea that we can be up and out in another country at a moments notice.

We have both said at least once since our marriage that this was a mistake. I wish I could look into the future and see 6 months down the road.

Sorry for the rambling, but sometimes it is good to let the tears flow.

[YuAndDan 153]

There is NO "Pulling" of the I-864 after adjustment. When you sign that form, you are signing a BINDING contract with the US government to repay the government any means tested benefits that the immigrant may use.

Only way to get out of this contract is by:

• Sponsor dies (YOU)
• Immigrant dies.
• Immigrant leaves the USA and gives up green-card.
• Immigrant naturalizes and becomes US citizen.
• Immigrant is credited with 40 quarters of work. (up to 10 years of work)

Divorce does not factor into this contract.

Only other things to do is contact USCIS and make a report that may derail the I-485.

[NaNaNaNaBooBoo 0]

There is NO "Pulling" of the I-864 after adjustment. When you sign that form, you are signing a BINDING contract with the US government to repay the government any means tested benefits that the immigrant may use.

Only way to get out of this contract is by:

• Sponsor dies (YOU)
• Immigrant dies.
• Immigrant leaves the USA and gives up green-card.
• Immigrant naturalizes and becomes US citizen.
• Immigrant is credited with 40 quarters of work. (up to 10 years of work)

Divorce does not factor into this contract.

Only other things to do is contact USCIS and make a report that may derail the I-485.

I understand that once the adjustment is made, we cannot pull the I-864, but we are still pending and have not yet been approved. I was under the impression if AOS had not yet been granted you could pull the I-864. I will see if I can find the post that explained this process that gave me the idea in the first place.

[YuAndDan 153]

I understand that once the adjustment is made, we cannot pull the I-864, but we are still pending and have not yet been approved. I was under the impression if AOS had not yet been granted you could pull the I-864. I will see if I can find the post that explained this process that gave me the idea in the first place.

Schedule an INFO-PASS appointment and ask about this. Keep in mind pulling sponsorship scuttles the I-485, and subjects the prospective immigrant to being out of status.

[diadromous mermaid 36]

There is NO "Pulling" of the I-864 after adjustment. When you sign that form, you are signing a BINDING contract with the US government to repay the government any means tested benefits that the immigrant may use.

Only way to get out of this contract is by:

• Sponsor dies (YOU)
• Immigrant dies.
• Immigrant leaves the USA and gives up green-card.
• Immigrant naturalizes and becomes US citizen.
• Immigrant is credited with 40 quarters of work. (up to 10 years of work)

Divorce does not factor into this contract.

Only other things to do is contact USCIS and make a report that may derail the I-485.

I understand that once the adjustment is made, we cannot pull the I-864, but we are still pending and have not yet been approved. I was under the impression if AOS had not yet been granted you could pull the I-864. I will see if I can find the post that explained this process that gave me the idea in the first place.

I've said on more than one occasion that a petitioner can request to withdraw the petition and any accompanying documents, both prior to and after adjudication of an applicant's submission, however, this is only if the USC suspects that they may have been deceived into marriage for immigrant benefit alone. The opportunity to escape the long-term obligation that the petitioner is required to make to the US government on behalf of the alien is a privelege afforded some petitioners that realize that they were duped into the relationship. That being said, it is not to be used because the petitioner learns that he or she has entered a relationship that is not going to work.

[NaNaNaNaBooBoo 0]

There is NO "Pulling" of the I-864 after adjustment. When you sign that form, you are signing a BINDING contract with the US government to repay the government any means tested benefits that the immigrant may use.

Only way to get out of this contract is by:

• Sponsor dies (YOU)
• Immigrant dies.
• Immigrant leaves the USA and gives up green-card.
• Immigrant naturalizes and becomes US citizen.
• Immigrant is credited with 40 quarters of work. (up to 10 years of work)

Divorce does not factor into this contract.

Only other things to do is contact USCIS and make a report that may derail the I-485.

I understand that once the adjustment is made, we cannot pull the I-864, but we are still pending and have not yet been approved. I was under the impression if AOS had not yet been granted you could pull the I-864. I will see if I can find the post that explained this process that gave me the idea in the first place.

I've said on more than one occasion that a petitioner can request to withdraw the petition and any accompanying documents, both prior to and after adjudication of an applicant's submission, however, this is only if the USC suspects that they may have been deceived into marriage for immigrant benefit alone. The opportunity to escape the long-term obligation that the petitioner is required to make to the US government on behalf of the alien is a privelege afforded some petitioners that realize that they were duped into the relationship. That being said, it is not to be used because the petitioner learns that he or she has entered a relationship that is not going to work.

Thank you everyone for the guidance. It just makes me want to try even harder to make this work.

[pushbrk 13,076]

There is NO "Pulling" of the I-864 after adjustment. When you sign that form, you are signing a BINDING contract with the US government to repay the government any means tested benefits that the immigrant may use.

Only way to get out of this contract is by:

• Sponsor dies (YOU)
• Immigrant dies.
• Immigrant leaves the USA and gives up green-card.
• Immigrant naturalizes and becomes US citizen.
• Immigrant is credited with 40 quarters of work. (up to 10 years of work)

Divorce does not factor into this contract.

Only other things to do is contact USCIS and make a report that may derail the I-485.

I understand that once the adjustment is made, we cannot pull the I-864, but we are still pending and have not yet been approved. I was under the impression if AOS had not yet been granted you could pull the I-864. I will see if I can find the post that explained this process that gave me the idea in the first place.

I've said on more than one occasion that a petitioner can request to withdraw the petition and any accompanying documents, both prior to and after adjudication of an applicant's submission, however, this is only if the USC suspects that they may have been deceived into marriage for immigrant benefit alone. The opportunity to escape the long-term obligation that the petitioner is required to make to the US government on behalf of the alien is a privelege afforded some petitioners that realize that they were duped into the relationship. That being said, it is not to be used because the petitioner learns that he or she has entered a relationship that is not going to work.

Thank you everyone for the guidance. It just makes me want to try even harder to make this work.

I'm all for making it work if you can and it sure makes sense that you would want the father of your children to see them. In your case that would require the green card. Pulling the I-864 is within your rights but that will mean no green card. I don't see how withrawing the petition has any meaning at all. It's already approved. The I-485 is the issue now. It's an application made by your husband, not a petition by you. It just doesn't fly without an I-864 from (in this case) the spouse.

[diadromous mermaid 36]

There is NO "Pulling" of the I-864 after adjustment. When you sign that form, you are signing a BINDING contract with the US government to repay the government any means tested benefits that the immigrant may use.

Only way to get out of this contract is by:

• Sponsor dies (YOU)
• Immigrant dies.
• Immigrant leaves the USA and gives up green-card.
• Immigrant naturalizes and becomes US citizen.
• Immigrant is credited with 40 quarters of work. (up to 10 years of work)

Divorce does not factor into this contract.

Only other things to do is contact USCIS and make a report that may derail the I-485.

I understand that once the adjustment is made, we cannot pull the I-864, but we are still pending and have not yet been approved. I was under the impression if AOS had not yet been granted you could pull the I-864. I will see if I can find the post that explained this process that gave me the idea in the first place.

I've said on more than one occasion that a petitioner can request to withdraw the petition and any accompanying documents, both prior to and after adjudication of an applicant's submission, however, this is only if the USC suspects that they may have been deceived into marriage for immigrant benefit alone. The opportunity to escape the long-term obligation that the petitioner is required to make to the US government on behalf of the alien is a privelege afforded some petitioners that realize that they were duped into the relationship. That being said, it is not to be used because the petitioner learns that he or she has entered a relationship that is not going to work.

Thank you everyone for the guidance. It just makes me want to try even harder to make this work.

I'm all for making it work if you can and it sure makes sense that you would want the father of your children to see them. In your case that would require the green card. Pulling the I-864 is within your rights but that will mean no green card. I don't see how withrawing the petition has any meaning at all. It's already approved. The I-485 is the issue now. It's an application made by your husband, not a petition by you. It just doesn't fly without an I-864 from (in this case) the spouse.

I was speaking in general terms, an USC petitioner can request withdrawal of a petition (in the case of an I-130, if there was one), or her endorsement of an application submitted by the beneficiary (in the case of an I-485) and any and all supporting documents.

[pushbrk 13,076]

There is NO "Pulling" of the I-864 after adjustment. When you sign that form, you are signing a BINDING contract with the US government to repay the government any means tested benefits that the immigrant may use.

Only way to get out of this contract is by:

• Sponsor dies (YOU)
• Immigrant dies.
• Immigrant leaves the USA and gives up green-card.
• Immigrant naturalizes and becomes US citizen.
• Immigrant is credited with 40 quarters of work. (up to 10 years of work)

Divorce does not factor into this contract.

Only other things to do is contact USCIS and make a report that may derail the I-485.

I understand that once the adjustment is made, we cannot pull the I-864, but we are still pending and have not yet been approved. I was under the impression if AOS had not yet been granted you could pull the I-864. I will see if I can find the post that explained this process that gave me the idea in the first place.

I've said on more than one occasion that a petitioner can request to withdraw the petition and any accompanying documents, both prior to and after adjudication of an applicant's submission, however, this is only if the USC suspects that they may have been deceived into marriage for immigrant benefit alone. The opportunity to escape the long-term obligation that the petitioner is required to make to the US government on behalf of the alien is a privelege afforded some petitioners that realize that they were duped into the relationship. That being said, it is not to be used because the petitioner learns that he or she has entered a relationship that is not going to work.

Thank you everyone for the guidance. It just makes me want to try even harder to make this work.

I'm all for making it work if you can and it sure makes sense that you would want the father of your children to see them. In your case that would require the green card. Pulling the I-864 is within your rights but that will mean no green card. I don't see how withrawing the petition has any meaning at all. It's already approved. The I-485 is the issue now. It's an application made by your husband, not a petition by you. It just doesn't fly without an I-864 from (in this case) the spouse.

I was speaking in general terms, an USC petitioner can request withdrawal of a petition (in the case of an I-130, if there was one), or her endorsement of an application submitted by the beneficiary (in the case of an I-485) and any and all supporting documents.

It's helpful to specify when you are being specific and when you are being general when you do both in the same paragraph.

A USC can withdraw a petition before it is approved or in the case of a visa petition, before the visa is issued.

A USC can withdraw an I-864 either before an immigrant visa is issued or adjustment of status is approved.

The OP can withdraw the I-864 now, for any reason she choses, because AOS is not yet complete. The consequence to this immigrant is no green card. Since the OP wants the immigrant to stick around, she can't have it both ways. She must remain the sponsor or no green card.

[tito 1]

There's another thread on this in this particular section, and there are the appropriate 'buzz-words' to include in the letter.

The sponsor may DISAVOW the promise of support at any time before the green card is issued. Once that happens, the entire process is derailed. You can't then go back and pick up where you left off if you have a change of heart. You (he) will need to start all over again. Fees and all.

[diadromous mermaid 36]

There is NO "Pulling" of the I-864 after adjustment. When you sign that form, you are signing a BINDING contract with the US government to repay the government any means tested benefits that the immigrant may use.

Only way to get out of this contract is by:

• Sponsor dies (YOU)
• Immigrant dies.
• Immigrant leaves the USA and gives up green-card.
• Immigrant naturalizes and becomes US citizen.
• Immigrant is credited with 40 quarters of work. (up to 10 years of work)

Divorce does not factor into this contract.

Only other things to do is contact USCIS and make a report that may derail the I-485.

I understand that once the adjustment is made, we cannot pull the I-864, but we are still pending and have not yet been approved. I was under the impression if AOS had not yet been granted you could pull the I-864. I will see if I can find the post that explained this process that gave me the idea in the first place.

I've said on more than one occasion that a petitioner can request to withdraw the petition and any accompanying documents, both prior to and after adjudication of an applicant's submission, however, this is only if the USC suspects that they may have been deceived into marriage for immigrant benefit alone. The opportunity to escape the long-term obligation that the petitioner is required to make to the US government on behalf of the alien is a privelege afforded some petitioners that realize that they were duped into the relationship. That being said, it is not to be used because the petitioner learns that he or she has entered a relationship that is not going to work.

Thank you everyone for the guidance. It just makes me want to try even harder to make this work.

I'm all for making it work if you can and it sure makes sense that you would want the father of your children to see them. In your case that would require the green card. Pulling the I-864 is within your rights but that will mean no green card. I don't see how withrawing the petition has any meaning at all. It's already approved. The I-485 is the issue now. It's an application made by your husband, not a petition by you. It just doesn't fly without an I-864 from (in this case) the spouse.

I was speaking in general terms, an USC petitioner can request withdrawal of a petition (in the case of an I-130, if there was one), or her endorsement of an application submitted by the beneficiary (in the case of an I-485) and any and all supporting documents.

It's helpful to specify when you are being specific and when you are being general when you do both in the same paragraph.

A USC can withdraw a petition before it is approved or in the case of a visa petition, before the visa is issued.

A USC can withdraw an I-864 either before an immigrant visa is issued or adjustment of status is approved.

The OP can withdraw the I-864 now, for any reason she choses, because AOS is not yet complete. The consequence to this immigrant is no green card. Since the OP wants the immigrant to stick around, she can't have it both ways. She must remain the sponsor or no green card.

It is also helpful if you would not hang on every word trying to find an error! You are arguing semantics...I repeated what I have said numerous times in the past, and it is applicable here.

However, you are incorrect in your summary.

A USC can withdraw a petition before it is approved or in the case of a visa petition, before the visa is issued.

This is incorrect. It is also incorrect if one considers cause.

A USC can withdraw an I-864 either before an immigrant visa is issued or adjustment of status is approved.

This is incorrect (if one considers cause matters)

Edited January 28, 2008 by diadromous mermaid

[zqt3344 21]

And you forgot a prenup strikes this "contract" with USCIS. But that would have to have been done prior to marrying and saying I do. So it may not be an option now.

There is NO "Pulling" of the I-864 after adjustment. When you sign that form, you are signing a BINDING contract with the US government to repay the government any means tested benefits that the immigrant may use.

Only way to get out of this contract is by:

• Sponsor dies (YOU)
• Immigrant dies.
• Immigrant leaves the USA and gives up green-card.
• Immigrant naturalizes and becomes US citizen.
• Immigrant is credited with 40 quarters of work. (up to 10 years of work)

Divorce does not factor into this contract.

Only other things to do is contact USCIS and make a report that may derail the I-485.

[pushbrk 13,076]

There is NO "Pulling" of the I-864 after adjustment. When you sign that form, you are signing a BINDING contract with the US government to repay the government any means tested benefits that the immigrant may use.

Only way to get out of this contract is by:

• Sponsor dies (YOU)
• Immigrant dies.
• Immigrant leaves the USA and gives up green-card.
• Immigrant naturalizes and becomes US citizen.
• Immigrant is credited with 40 quarters of work. (up to 10 years of work)

Divorce does not factor into this contract.

Only other things to do is contact USCIS and make a report that may derail the I-485.

I understand that once the adjustment is made, we cannot pull the I-864, but we are still pending and have not yet been approved. I was under the impression if AOS had not yet been granted you could pull the I-864. I will see if I can find the post that explained this process that gave me the idea in the first place.

I've said on more than one occasion that a petitioner can request to withdraw the petition and any accompanying documents, both prior to and after adjudication of an applicant's submission, however, this is only if the USC suspects that they may have been deceived into marriage for immigrant benefit alone. The opportunity to escape the long-term obligation that the petitioner is required to make to the US government on behalf of the alien is a privelege afforded some petitioners that realize that they were duped into the relationship. That being said, it is not to be used because the petitioner learns that he or she has entered a relationship that is not going to work.

Thank you everyone for the guidance. It just makes me want to try even harder to make this work.

I'm all for making it work if you can and it sure makes sense that you would want the father of your children to see them. In your case that would require the green card. Pulling the I-864 is within your rights but that will mean no green card. I don't see how withrawing the petition has any meaning at all. It's already approved. The I-485 is the issue now. It's an application made by your husband, not a petition by you. It just doesn't fly without an I-864 from (in this case) the spouse.

I was speaking in general terms, an USC petitioner can request withdrawal of a petition (in the case of an I-130, if there was one), or her endorsement of an application submitted by the beneficiary (in the case of an I-485) and any and all supporting documents.

It's helpful to specify when you are being specific and when you are being general when you do both in the same paragraph.

A USC can withdraw a petition before it is approved or in the case of a visa petition, before the visa is issued.

A USC can withdraw an I-864 either before an immigrant visa is issued or adjustment of status is approved.

The OP can withdraw the I-864 now, for any reason she choses, because AOS is not yet complete. The consequence to this immigrant is no green card. Since the OP wants the immigrant to stick around, she can't have it both ways. She must remain the sponsor or no green card.

It is also helpful if you would not hang on every word trying to find an error! You are arguing semantics...I repeated what I have said numerous times in the past, and it is applicable here.

However, you are incorrect in your summary.

A USC can withdraw a petition before it is approved or in the case of a visa petition, before the visa is issued.

This is incorrect. It is also incorrect if one considers cause.

A USC can withdraw an I-864 either before an immigrant visa is issued or adjustment of status is approved.

This is incorrect (if one considers cause matters)

While your statement may be applicable if you add the context in which you think it applicable, no context or clarification was given. So, I added it. It is not helpful to say "This is incorrect" without offering either/or what you believe to be correct instead, and why.

What do you have in the way of clarification that will help the OP better understand her options?

[zqt3344 21]

If you want out you better get on it and contact USCIS now before they approve the GC, after that you are hooked. And from what an attorney told me you will have to write and disavow your promise to support that I864 immediately.

We are currently waiting for his adjustment of status to go through, we were married in August and filed in December. He just had his biometrics appointment. If I pull the I-864, what exactly happens? If we do reconcile, can I resubmit it? We really need more time, as we have only been in marriage counseling for 3 weeks, (our second time in counseling since we were married 6 months ago) but things seem to be getting worse instead of better. Although he is going, so I know in his heart he wants to make it work. I keep hoping that if he starts working things might be different and he will feel good about himself and our family again. But I imagine if I pull the I-864 he won't get his EAD.

In the meantime, we have a two year old that is caught in the middle and a baby on the way. It is so hard to decide what to do, as I want to give it at least a year of marriage as I hear that is the hardest year for any couple, let alone a mixed culture couple, but I worry that if this isn't going to work, we will suffer greatly, in particular our babies. Then again, I want him to be a part of his childrens' lives and maybe the best way to do that would be if he were here in the US. I am part of the foreign service where I work at different embassies around the world and due to the nature of my work and our relationship I am strongly discouraged to enter his home country, so if we split without his greencard, chances of him seeing the children would be slim.

I try to chalk up our differences to cultural differences, but I have never felt so unhappy in my whole life, and have never been treated so poorly in my life. The pain is unbearable, and is affecting my health and my job, not good when you are pregnant. We go days and days without speaking to one another, as he will not speak to me when we have an argument, let alone have a normal conversation about the weather, life, and love. And the paranoia is unreal, as he is constantly speaking in his language to people on the phone including women at all hours of the night and I have no idea what they are saying to one another. His little Hi5 (like myspace) profile is set to private, so I can't see what is really going on, but when I do walk by when he is on the Hi5 website, I see he has literally 178 friends almost all of which are young women and his status instead of saying married says "tell you later". Adding to my fears is that his father had 2 wives at the same time, although my husband says he saw what it did to his mother and he would never want to do that to me, it is only me and he never wants anyone else.

We lived together for a year in Africa, even with our daughter, and it wasn't like this at all, we were so happy, but he was working and I was in school so he felt like he was the breadwinner. We are under extreme pressures from money, the new soon to be baby, our two year old, and our schedules (I am up for work by 5 am in bed by 9 and he is up at noon and in bed by 3 am by choice), let alone the idea that we can be up and out in another country at a moments notice.

We have both said at least once since our marriage that this was a mistake. I wish I could look into the future and see 6 months down the road.

Sorry for the rambling, but sometimes it is good to let the tears flow.

[diadromous mermaid 36]

It is not helpful to say "This is incorrect" without offering either/or what you believe to be correct instead, and why.

What do you have in the way of clarification that will help the OP better understand her options?

Why say the same thing over and over? I had already offered the correct facts. If I had repeated them next you'd be criticising me for going on and on...

Options in so far as the Affidavit of Support is concerned? None, I'm afraid, given what she has shared so far with regard to her relationship. The document is meant to be binding unless some omission of facts by the alien would have caused the USC not to enter into the sponsorship in the first place. Now if some of his odd ways turn out to be deceit from inception, then she would have to give the matter another look.

And she has begun a family with this man, and even though their marriage is not working out, there is more than her interest at stake here. Their children have a right to know their father, and from what she shares there's little likelihood they'd be travelling to his nativeland. So, in summary, I'd say that her children deserve for their father to contribute to their support. Without a sponsor and the consequential benefits that come with that, it's not likely to occur.