How to cancel AOS?

[KGH 0]

Hi Every one,

after a very long jouney my fiancee came here and we got married, now I think this marriage is not working, I filed for AOS about a month ago and she went for her BIO, now I'm thinking that we should get divorce as she is too moddy and crying too much and......

I'm wondering if I can cancel the AOS and pull the I-865 for support from the application.

Thanks for your answer.

[VanessaTony 3,567]

Hi Every one,

after a very long jouney my fiancee came here and we got married, now I think this marriage is not working, I filed for AOS about a month ago and she went for her BIO, now I'm thinking that we should get divorce as she is too moddy and crying too much and......

I'm wondering if I can cancel the AOS and pull the I-865 for support from the application.

Thanks for your answer.

Yes you can write in and cancel the I-864. Up until the greencard is approved you have the ability to do this. It is a very serious decision with very serious consequences. You will need to divorce your wife and she will also need to leave the country.

[Kittyfang 6]

Hi Every one,

after a very long jouney my fiancee came here and we got married, now I think this marriage is not working, I filed for AOS about a month ago and she went for her BIO, now I'm thinking that we should get divorce as she is too moddy and crying too much and......

I'm wondering if I can cancel the AOS and pull the I-865 for support from the application.

Thanks for your answer.

I don't know the situation, but it is good to remember that the immigration process in itself is very stressful. She might be reacting to that, or to her new life.

[baron555 934]

Hi Every one,

after a very long jouney my fiancee came here and we got married, now I think this marriage is not working, I filed for AOS about a month ago and she went for her BIO, now I'm thinking that we should get divorce as she is too moddy and crying too much and......

I'm wondering if I can cancel the AOS and pull the I-865 for support from the application.

Thanks for your answer.

Why is she crying? Are you the cause? Maybe you need to seek marriage counseling? Maybe she has a medical issue? maybe she is homesick and you do not recognize it? Maybe you are not contributing enough to the marriage? Yes you can call it quits but if you really love her and she loves you, you two will together work it out.

[osin 3]

You may say is not my business, but in my opinion she will need time and effort to adapt herself in to her new life. Seem to be simple, but considering she is leaving behind "all" her life (family, friends, jobs,language,culture), I think that is normal that tears could appear for several months. This happened to me, and after a year, I still can feel depress sometimes.

You two guys need to take a big breath and reconsider your situation. "don't do nothing that you might regret later"

Good luck and Best wishes

[Spoom 8]

You can either write in to the USCIS office where her AOS is being processed or setup an InfoPass appointment. They'll need a signed, possibly notarized letter that you are withdrawing your I-864 with immediate effect, and that you are aware that this will result in her being out of status and possible deported if she cannot get another sponsor.

If you divorce her, she will have no legal cause for Adjustment and it will be denied, making her removable from the country since the K-1 cannot be extended or changed to another status. You will have to make USCIS aware of this, possibly through the same letter. Include the final divorce decree.

Frankly, though, divorcing your wife because she is "too moody" makes it sound like you never really had a commitment to her to begin with, and really is stabbing her in the back.

[VanessaTony 3,567]

You can either write in to the USCIS office where her AOS is being processed or setup an InfoPass appointment. They'll need a signed, possibly notarized letter that you are withdrawing your I-864 with immediate effect, and that you are aware that this will result in her being out of status and possible deported if she cannot get another sponsor.

If you divorce her, she will have no legal cause for Adjustment and it will be denied, making her removable from the country since the K-1 cannot be extended or changed to another status. You will have to make USCIS aware of this, possibly through the same letter. Include the final divorce decree.

Frankly, though, divorcing your wife because she is "too moody" makes it sound like you never really had a commitment to her to begin with, and really is stabbing her in the back.

She cannot GET another sponsor. He is it. If he cancels she is out. Period. She is here on a K1, she needs him to adjust status... in fact you mention that further down so I don't know why you said "get another sponsor"...

I agree with the rest though.

Edited April 28, 2010 by Vanessa&Tony

[baron555 934]

She cannot GET another sponsor. He is it. If he cancels she is out. Period. She is here on a K1, she needs him to adjust status... in fact you mention that further down so I don't know why you said "get another sponsor"...

I agree with the rest though.

If she can show they married in good faith and that the marriage subsequently broke down, especially is not of her falut, she can stay and adjust status on her own.

[VanessaTony 3,567]

If she can show they married in good faith and that the marriage subsequently broke down, especially is not of her falut, she can stay and adjust status on her own.

No she can't. She can ONLY Remove Conditions on her own. She cannot adjust status on her own. She is going to adjust status based on being the spouse of a USC. If she is not married to said USC she cannot adjust. HOWEVER, once she has AOS'd WITH him, she can ROC based on a good faith marriage (they will need to be divorced for it to go through though)

[Lisa and Ian 7]

Hi Every one,

after a very long jouney my fiancee came here and we got married, now I think this marriage is not working, I filed for AOS about a month ago and she went for her BIO, now I'm thinking that we should get divorce as she is too moddy and crying too much and......

I'm wondering if I can cancel the AOS and pull the I-865 for support from the application.

Thanks for your answer.

I agree with the people who said give it time/get counseling. It is a major change to go from Iran to the US, I'm betting. It's major enough for my UK husband. If you got married because you love your wife, then it's really worth a try.

But at least you know you have time to pull your paperwork if you desire.

Technically speaking, I'm hard-pressed to see where anyone polices K-1 people who decide to stay. They only time they seem to get removed is if they try to leave the country and come back (I would hope there would be more to it than that, really)... or they live in Arizona.

Good luck to you.

[MRStee 19]

Your post sounds like YOU'RE frustrated so imagine how SHE feels. Think this over carefully....

[belinda63 3,038]

Give her some time, it will take a while for the AOS to process or you can pull the affidavit of support and always refile later. I know she is having a hard time adjusting to life away from her family. My husband was almost 37 when he moved her and he had a really hard time. One thing that helped was he went home for 6 weeks after he received his AP. We have magic jack and they have really good rates to call Iran and he speaks to his family every week, sometimes more. If possible have her use Yahoo Messenger or some other system to communicate with her family, using a web cam and microphone helps also.

Get her involved in ESL classes so she sees she is not the only foreigner who doesn't speak English well and/or is having trouble adjusting. Maybe find some Iranian people in the area for her to talk to.

Don't give up on her yet, think how you would feel if you were in her situation.

Best of luck to you.

[Deputy Purple 1,294]

First you should really be thinking about the marriage. Your wife has been here for 3 1/2 months and had a lot of adjusting to do in that short amount of time.

After she arrived on a CR-1 Visa it tool my wife at least 3 months to get anywhere near "stabilized". At 5 months in the US things are a lot better but we still have our days.

Marriage is about 2 people who love each other coming together as one. Think about it, she left her life behind and is now "tacked" onto your life. Maybe she's just feeling lost.

Seek counseling. try to understand how difficult the adjustment is for her.

[Brother Hesekiel 2,236]

I don't know you and I don't know your wife, but what you are deliberating is a very serious issue. Your wife had to leave her home country to be with you, and now she's "moody" (that's part of being a woman living 8,000 miles away from home) and "cries a lot" (for no reason?) and you want to make sure she's being shipped back like a living room set that you don't like?

Do you vaguely remember the "'til death do you part" section of the vow you made just a few weeks ago when looking into her eyes and holding her hand?

If I was a male in Persia, and somebody did that to my little sister, I think I would think of something very painful, no matter how much it may cost. There are quite few Iranians in the US, and I am sure they don't think it's okay to treat a wife like a mail-order object.

No offense intended; just thinking out loud.

[Brad and Vika 129]

I would counsel patience here, lots of it. My wife had been here before and STILL had some adjustment issues. Her best girlfriend said that three years is a good time period for full comfort. First year you miss EVERYTHING about back home, and spend time getting used to doing without most of the people and things you love there. Second year, you are OK, but feel torn between two homes now, and still need to reach a comfort level with all things American. Third year, you make your peace with the new culture, it doesn't feel strange now, and you settle into (you hope) happiness.

A certain amount of hysterics early on comes with the territory.