If I pull the I-864 what happens?

[Nanusia & Lukaszek 0]

Monica,

I remember reading your previous posts about the problems with the relationship upon your husbands arrival and the possibility of other women. 6 months later the same problem exists. Have you openly discussed this with him? Counseling is good, but so are one-on-one discussions with your spouse.

I would never tolerate my husband speaking to other women at all hours of the night, nor having anything similar to a myspace account as an advertising board that he's now in the US and ready for the taking. If this causes you so much pain, ask him to flat out stop it. If he can't, ask him to provide an answer why. If he values your marriage, respects you as a wife, and is taking the counseling seriously, he has to show strides to want to make it work. I personally agree with you that all the other females in his life are leading down a bad path in the marriage. No amount of counseling will fix what he himself is ruining.

I understand you wanting for him to be a part of your childrens' lives. But they need a strong mom, who is not in pain & suffering, and can be able to support them.

I think you want to pull the I-864 because you do feel you may have been taken for a GC, and want to cut your losses.

I'm sorry you are in such a tough situation, and pregnant on top of it. Talk with your husband to see if he can eliminate the women out of his life, if he can't, I think you know what you need to do.

Stay strong and positive.

Edited January 28, 2008 by Nanusia & Lukaszek

[bhajishah 4]

Sorry monica, accept hm for who he is and live with it or move on enjoy your beautiful childrens, marry a good guy co worker and enjoy your career and life together.. It would be easier if we got wives for help and help take carfe of us, unfortunately in most male dominated cultures women ahve to cater and take care of man no matter what heetc.. some can handle this and enjoy this life 9me i cut to 3 days a week of work) and some cannot and that is understandable.sorry kids involved , but look OBAMA how he turned out with his broken home..GOd bless..ALLAH HAFIZ

[pushbrk 13,076]

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.

Your second paragraph above is your opinion and your entitled to it. Apparently the OP agrees with you. As such, it would be unwise to withdraw the I-864 but that is a separate issue from whether and under what circumstances she is free to do so.

As to your first paragraph, it is my understanding that she can withdraw her I-864 for any reason she wishes, up until it becomes effective through an approved AOS. The I-864 binds a sponsor with regard to a permanent resident, not a potential permanent resident. If you have some reference indicating a USC sponsor cannot withdraw the I-864 at will at any time before permanent resident status is granted, please do point us to it. If it is your assertion that deception is grounds for withdrawal, after permanent residence is granted, please clarify.

[diadromous mermaid 36]

Your second paragraph above is your opinion and your entitled to it. Apparently the OP agrees with you. As such, it would be unwise to withdraw the I-864 but that is a separate issue from whether and under what circumstances she is free to do so.

As to your first paragraph, it is my understanding that she can withdraw her I-864 for any reason she wishes, up until it becomes effective through an approved AOS. The I-864 binds a sponsor with regard to a permanent resident, not a potential permanent resident. If you have some reference indicating a USC sponsor cannot withdraw the I-864 at will at any time before permanent resident status is granted, please do point us to it. If it is your assertion that deception is grounds for withdrawal, after permanent residence is granted, please clarify.

Oh boy. It seems I'm going to have to repeat myself.

My second paragraph is my opinion, given the information that the OP has shared. She doesn't wish to prevent her children from a relationship with their biological father. Therefore, if she chooses not to withdraw the I-864 now, after adjudication the bar is raised and she would have to demonstrate that he has deceived her into marriage for immigrant benefit alone.

The first paragraph was covered here:

The USC's right to withdraw before adjudication (AOS) and/or before the visa is "activated thus conferring status" (this was the part that was incorrect in your reply earlier) is in blue bolded text.

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

,

This is the part you seem not to be able to extract from my posts or comprehend ....

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, 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.

<the part in red is conditional to the part words bolded in black>

[pushbrk 13,076]

Your second paragraph above is your opinion and your entitled to it. Apparently the OP agrees with you. As such, it would be unwise to withdraw the I-864 but that is a separate issue from whether and under what circumstances she is free to do so.

As to your first paragraph, it is my understanding that she can withdraw her I-864 for any reason she wishes, up until it becomes effective through an approved AOS. The I-864 binds a sponsor with regard to a permanent resident, not a potential permanent resident. If you have some reference indicating a USC sponsor cannot withdraw the I-864 at will at any time before permanent resident status is granted, please do point us to it. If it is your assertion that deception is grounds for withdrawal, after permanent residence is granted, please clarify.

Oh boy. It seems I'm going to have to repeat myself.

My second paragraph is my opinion, given the information that the OP has shared. She doesn't wish to prevent her children from a relationship with their biological father. Therefore, if she chooses not to withdraw the I-864 now, after adjudication the bar is raised and she would have to demonstrate that he has deceived her into marriage for immigrant benefit alone.

The first paragraph was covered here:

The USC's right to withdraw before adjudication (AOS) and/or before the visa is "activated thus conferring status" (this was the part that was incorrect in your reply earlier) is in blue bolded text.

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

,

This is the part you seem not to be able to extract from my posts or comprehend ....

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, 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.

<the part in red is conditional to the part words bolded in black>

You wrote a single paragraph. Here it is without emphasis added.

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.

The literal interpretation of what you wrote is that the "however" statement applies both "prior to" and "after" adjudication. Nothing in your paragraph separates the options available before from the options available after permanent resident status is granted.

That's why I clarified. The purpose of the clarification is not about you. It's about giving the correct information in a way it can be correctly comprehended.

We're in agreement on the facts (so far) but your original paragraph quoted above does not state your case clearly.

Now what is it you think is incorrect about my statement you've quoted in blue bolded text? When the I-130 is used for a visa, the I-864 can be withdrawn up until the visa is issued, perhaps even up until the immigrant enter the US and is granted permanent resident status. When the I-130 is used for AOS, it's up until AOS is complete and permanent resident status is granted.

Perhaps you simply want to add that the exception for cases of deception appies to both the above. I don't disagree. Again, just saying something is "wrong" without offering what you think is "right" instead, is not helpful to anybody.

Edited January 28, 2008 by pushbrk

[rebeccajo 14]

*at last - I finally completely get this*

And if I DO get it, the options for the USC before or after the granting of status are - the same?

Edited January 28, 2008 by rebeccajo

[diadromous mermaid 36]

Your second paragraph above is your opinion and your entitled to it. Apparently the OP agrees with you. As such, it would be unwise to withdraw the I-864 but that is a separate issue from whether and under what circumstances she is free to do so.

As to your first paragraph, it is my understanding that she can withdraw her I-864 for any reason she wishes, up until it becomes effective through an approved AOS. The I-864 binds a sponsor with regard to a permanent resident, not a potential permanent resident. If you have some reference indicating a USC sponsor cannot withdraw the I-864 at will at any time before permanent resident status is granted, please do point us to it. If it is your assertion that deception is grounds for withdrawal, after permanent residence is granted, please clarify.

Oh boy. It seems I'm going to have to repeat myself.

My second paragraph is my opinion, given the information that the OP has shared. She doesn't wish to prevent her children from a relationship with their biological father. Therefore, if she chooses not to withdraw the I-864 now, after adjudication the bar is raised and she would have to demonstrate that he has deceived her into marriage for immigrant benefit alone.

The first paragraph was covered here:

The USC's right to withdraw before adjudication (AOS) and/or before the visa is "activated thus conferring status" (this was the part that was incorrect in your reply earlier) is in blue bolded text.

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

,

This is the part you seem not to be able to extract from my posts or comprehend ....

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, 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.

<the part in red is conditional to the part words bolded in black>

You wrote a single paragraph. Here it is without emphasis added.

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.

The literal interpretation of what you wrote is that the "however" statement applies both "prior to" and "after" adjudication. Nothing in your paragraph separates the options available before from the options available after permanent resident status is granted.

That's why I clarified. The purpose of the clarification is not about you. It's about giving the correct information in a way it can be correctly comprehended.

We're in agreement on the facts (so far) but your original paragraph quoted above does not state your case clearly.

Now what is it you think is incorrect about my statement you've quoted in blue bolded text? When the I-130 is used for a visa, the I-864 can be withdrawn up until the visa is issued, perhaps even up until the immigrant enter the US and is granted permanent resident status. When the I-130 is used for AOS, it's up until AOS is complete and permanent resident status is granted.

Perhaps you simply want to add that the exception for cases of deception appies to both the above. I don't disagree. Again, just saying something is "wrong" without offering what you think is "right" instead, is not helpful to anybody.

Re: the clarification.

Yes, the clause "however, this" while perhaps a little vague, was referring to the words that immediately preceeded it, in other words "after adjudication". I suppose if I were to be pedantic, since I offered two cases ~ a before and after adjudication case ~, if the clause "however, this" were referring to both cases, think I would have written "however, these".

In summary, however, I think we are with one accord.

And to summarise all options, regardless of how a petition was issued, and when, etc. it is hard to answer in one sentence. But the bolded text in blue was to suggest that there are cases when the USC petitioner could, without having to demonstrate any misrepresentation on behalf of the alien, withdraw a visa after it has been awarded, so long as the beneficiary had not yet activated it.

Edited January 28, 2008 by diadromous mermaid

[pushbrk 13,076]

*at last - I finally completely get this*

And if I DO get it, the options for the USC before or after the granting of status are - the same?

Yeah, you don't get it yet. Before permanent resident status is achieved withdrawal of the I-864 by the USC, is "at will". After permanent resident status is granted, specific conditions must exist. Your misunderstanding is excellent testimony as to the literal meaning of DM's original paragraph.

[diadromous mermaid 36]

*at last - I finally completely get this*

And if I DO get it, the options for the USC before or after the granting of status are - the same?

Options BEFORE adjudication or activation of a visa

USC can withdraw his or her sponsorship of the process as the marriage is no longer viable. Marriage-based permanent residency requires a viable marriage prior to and at approximately the 2 year mark.

Options AFTER adjudication of AOS, or after CR-1 status is conferred

USC can request that his or her endorsement of the adjustment of status application, or the immigrant petition be withdrawn for just cause. That cause being that the USC's marriage to the alien was under false pretenses and NOT because they just don't get along.

Caveat: Note that I always write that the USC requests after ajduication because the USC is subject to his or her proofs in order for USCIS to act upon the request.

*at last - I finally completely get this*

And if I DO get it, the options for the USC before or after the granting of status are - the same?

Yeah, you don't get it yet. Before permanent resident status is achieved withdrawal of the I-864 by the USC, is "at will". After permanent resident status is granted, specific conditions must exist. Your misunderstanding is excellent testimony as to the literal meaning of DM's original paragraph.

Ah, Bloody heLL. Lay off, eh! Let me scrutinise your every word from now on...........

[pushbrk 13,076]

*at last - I finally completely get this*

And if I DO get it, the options for the USC before or after the granting of status are - the same?

Options BEFORE adjudication or activation of a visa

USC can withdraw his or her sponsorship of the process as the marriage is no longer viable. Marriage-based permanent residency requires a viable marriage prior to and at approximately the 2 year mark.

Options AFTER adjudication of AOS, or after CR-1 status is conferred

USC can request that his or her endorsement of the adjustment of status application, or the immigrant petition be withdrawn for just cause. That cause being that the USC's marriage to the alien was under false pretenses and NOT because they just don't get along.

Caveat: Note that I always write that the USC requests after ajduication because the USC is subject to his or her proofs in order for USCIS to act upon the request.

*at last - I finally completely get this*

And if I DO get it, the options for the USC before or after the granting of status are - the same?

Yeah, you don't get it yet. Before permanent resident status is achieved withdrawal of the I-864 by the USC, is "at will". After permanent resident status is granted, specific conditions must exist. Your misunderstanding is excellent testimony as to the literal meaning of DM's original paragraph.

Ah, Bloody heLL. Lay off, eh! Let me scrutinise your every word from now on...........

Not about you. It's about clear and correct information. Neither you or I are the topic of discussion. Please help keep it that way.

[Kez/JWolf 6]

*at last - I finally completely get this*

And if I DO get it, the options for the USC before or after the granting of status are - the same?

Options BEFORE adjudication or activation of a visa

USC can withdraw his or her sponsorship of the process as the marriage is no longer viable. Marriage-based permanent residency requires a viable marriage prior to and at approximately the 2 year mark.

Options AFTER adjudication of AOS, or after CR-1 status is conferred

USC can request that his or her endorsement of the adjustment of status application, or the immigrant petition be withdrawn for just cause. That cause being that the USC's marriage to the alien was under false pretenses and NOT because they just don't get along.

Caveat: Note that I always write that the USC requests after ajduication because the USC is subject to his or her proofs in order for USCIS to act upon the request.

*at last - I finally completely get this*

And if I DO get it, the options for the USC before or after the granting of status are - the same?

Yeah, you don't get it yet. Before permanent resident status is achieved withdrawal of the I-864 by the USC, is "at will". After permanent resident status is granted, specific conditions must exist. Your misunderstanding is excellent testimony as to the literal meaning of DM's original paragraph.

Ah, Bloody heLL. Lay off, eh! Let me scrutinise your every word from now on...........

Not about you. It's about clear and correct information. Neither you or I are the topic of discussion. Please help keep it that way.

OMG here you go again.... if you dont like the way people reply to threads then do us all a favour and put everyone on ignore then you wont see their posts and you wont feel the need to act the total pratt.... you make me sick the way you lord around VJ claiming to be the good guy who is only here for the straight talking.... yeh right you are here to take pleasure from picking people up on every little thing you see are not straight talking....

Oh and if I get banned for this post it will be worth it..... because its about time more people stood up to bullies like you who take great delight in belittling others.....

Kez

Edited January 28, 2008 by Kezzie

[Nanusia & Lukaszek 0]

I'm with Kez on this one. This thread turned into bickering and lost its point to help out the OP with advice.

[LaL 418]

And I am going to have to agree with N&L. I can see how confusing all this can get for the OP's.

[rebeccajo 14]

*at last - I finally completely get this*

And if I DO get it, the options for the USC before or after the granting of status are - the same?

Yeah, you don't get it yet. Before permanent resident status is achieved withdrawal of the I-864 by the USC, is "at will". After permanent resident status is granted, specific conditions must exist. Your misunderstanding is excellent testimony as to the literal meaning of DM's original paragraph.

No.

You're overreaching. Maybe because I didn't type volumes.

The USC still has the same option. In my previous understandings, I knew the USC could 'at will' withdraw the sponsorship of the petition before adjudication of AOS or activation of a visa. And I knew there was a way that could be accomplished afterwards, but I didn't get the bit about the immigrants actions that were necessary to request that option.

I understood completely that prior to adjudication/activation it was 'at will' on the part of the USC. I knew there was a way out after adjudication/activation, but I didn't understand what the cause for that request would be.

In either case there is the 'option' for the USC.

The results may be different, but the option still exists. Many readers to this forum believe there IS no later option. I wasn't one of them, but I couldn't punch my way out of the wet paper bag till DM explained it.

Edited January 28, 2008 by rebeccajo

[diadromous mermaid 36]

I don't understand how it is that people/members aren't going to benefit from a discussion like this. Unless something is fleshed out, when an opportunity arises, then we'd all be operating on only half the information we need. I'll admit that the way it is done makes all the difference to its importance/noteworthiness, but let's not lose sight of the point here.