When is I 864 binding

[Curious_123 0]

Hi All,

I am the USC in a marriage - from a K1 petition. To say the marriage is Rocky is an understatement. We filed for AOS in February, and now she is speaking of a divorce and does not want counseling etc. At what time does the I 864 become binding? Do I have time to try to work things out or do I pull the plug on the marriage before she receives her 2 year GC? What is the time line? I am afraid she will be fake until she can count on the I 864 support. Thanks, scared, and confused.

[VanessaTony 3,567]

You have until the GC is approved to pull the I-864. Once her GC is approved that's it, it's binding. It's taking 3-6 months at the moment but I believe it's speeding up and many K1's get their GC's without interview. To pull it you will need to write a letter to USCIS withdrawing it. I suggest you also make an infopass appointment to follow up on it because I know of one person who had the interview and the GC still hadn't been approved so she pulled her I-864 but USCIS screwed up and issued the GC anyway (1-2 months after her official withdraw letter) so now she's locked in.

It's also important to note that some immigrants have been known to call police and claim abuse so that they can get their GC's based on VAWA. Lots of fraud in that department actually SO if you've decided to "pull the plug" you will need to NEVER be left alone with her. If you file for divorce you can also file for a protective order so she can't harass you. It's very scary how easy it is for her to screw you over if you make the wrong move so remember to protect yourself.

[Curious_123 0]

Wow, this is very scary. We are at 3 months now since AOS application. There is Love on my side, but she is very clever. I would hate for my fear to ruin a relationship, but I also can not be in a possible non-loving abusive relationship or stuck with I 864 payments. I wish I had a crystal ball.... I'm scared.

Edited May 11, 2011 by Curious_123

[VanessaTony 3,567]

Wow, this is very scary. We are at 3 months now since AOS application. There is Love on my side, but she is very clever. I would hate for my fear to ruin a relationship, but I also can not be in a possible non-loving abusive relationship or stuck with I 864 payments. I wish I had a crystal ball.... I'm scared.

Well the I-864 payments are if she claims immigration benefits, not something you need to pay HER unless she successfully sues you using it as a contract which HAS been done but rarely.

It's understandable that you're scared, it would be silly not to because it's a serious document. You have to weigh the pros against the cons. Is the possibility of being happy for the rest of your life worth the financial risk? Tony never even questioned the I-864. I tried to talk to him about all the pros and cons but he just didn't care because he trusted me 100% and if you don't trust your wife 100% that's pretty telling.

[Curious_123 0]

The scary thing is how do you determine if she is immature or clever with fraud in mind? I do believe that she wants a good life and will work hard for it. There seems to be love, but at other times she becomes become unglued / irrational that is what is so scary. I'm so confused. There is a big culture difference. Hmmm

[TBoneTX 46,425]

The scary thing is how do you determine if she is immature or clever with fraud in mind? I do believe that she wants a good life and will work hard for it. There seems to be love, but at other times she becomes become unglued / irrational that is what is so scary. I'm so confused. There is a big culture difference. Hmmm

In order to provide meaningful answers, we would need to know her country and your ages, and a lot more information, and probably the results of a psychoanalysis. However, from your original post, and your third sentence above, I would respectfully say that you can do far better than living your life walking on eggshells in the mere hope that an "unglued" person will change -- because they don't. Beware, please. Edited May 11, 2011 by TBoneTX

[VanessaTony 3,567]

Well the I-864 payments are if she claims immigration means-tested benefits, not something you need to pay HER unless she successfully sues you using it as a contract which HAS been done but rarely.

It's understandable that you're scared, it would be silly not to because it's a serious document. You have to weigh the pros against the cons. Is the possibility of being happy for the rest of your life worth the financial risk? Tony never even questioned the I-864. I tried to talk to him about all the pros and cons but he just didn't care because he trusted me 100% and if you don't trust your wife 100% that's pretty telling.

Sorry I made a typo above (wasn't thinking), I fixed it above. Also she isn't eligible for means-tested benefits until she's been an LPR for 5 years

The scary thing is how do you determine if she is immature or clever with fraud in mind? I do believe that she wants a good life and will work hard for it. There seems to be love, but at other times she becomes become unglued / irrational that is what is so scary. I'm so confused. There is a big culture difference. Hmmm

I feel bad for you. On the one hand I really think you should have known her better before bringing her over, but I also know that being together online and for visits isn't the same as living together and that things can change and be completely different once you/they're here in the US.

It's easy to let fear take over. Sometimes when you're scared you start to see things that aren't really there, or you take something a different way than it's intended. I agree with TBoneTX that knowing where she's from and how old you both are will help us "assess" your situation. Obviously we might not be 100% correct but a lot of members have been here for a while and we can spot certain patterns, or tell you what to expect or certain cultural things that you might find odd but are actually normal for them.

As a girl I can tell you the emotional change was pretty huge too. I know my emotional state changed when I came here and she could be experiencing something similar. You go from having a comfortable life where you know people and your surroundings to being dependant solely on one person, not knowing much about anything, missing food and friends from home and just the comfort of knowing what's down the road... It's a big adjustment and people handle it differently. Hopefully that's all it is.

[Curious_123 0]

Hello All,

Thank you for your thoughtful responses. She is not willing to work on counseling nor work on things that she knew before the marriage, this is not going in the correct direction, all of my efforts have been discounted. I need to protect myself.

Could someone kindly provide information, ie what steps, how to pull the AOS petition from the USCIS ? I am beginning to feel desperate, things are not getting better, I have the feeling I am being played.

Tbone, I understand your request for info, unfortunately that may give too much away.

Thank you.

[Curious_123 0]

Vanessa would you please kindly explain "Also she isn't eligible for means-tested benefits until she's been an LPR for 5 years". Does this mean that if she receives her 2 year Green Card that I am not obligated to the I-864? Only after the 2 year GC?

Thanks.

[Curious_123 0]

Vanessa and all, Please understand that IF there is some time to try to work things out I would like that, or is it a must to act before the issuance of a 2 year GC? Please help, I am very lost.

Thanks.

[VanessaTony 3,567]

Vanessa would you please kindly explain "Also she isn't eligible for means-tested benefits until she's been an LPR for 5 years". Does this mean that if she receives her 2 year Green Card that I am not obligated to the I-864? Only after the 2 year GC?

Thanks.

Once the I-864 is approved that's it. She can ROC without you (to get her 10 year card) and you're still locked into the I-864.

With the means-tested benefits, technically she's not supposed to be eligible for any until she's been an LPR for 5 years. Some people do falsely claim them, or even if in 5 years she does then the government can come after YOU to get you to pay them back whatever she used.

She can also try and sue you for support under the I-864. I don't want you to think her getting her 2 year g/c isn't an issue. She can still cause you lots of headaches with it and the I-864 is only cancelled if she works for 40 quarters (that's 10 years IF she works every year for 10 years) or becomes a USC or any of that.

To withdraw it you can call USCIS here: 1-800-375-5283 but you should also write a letter (include her alien number/case number and anything else you can) and follow it up with an INFOPASS. You should get confirmation of your withdrawal and her AOS will be denied for lack of sponsorship. She will need to leave the country unless she finds another way to stay and that's only abuse... This is why I suggest you get her out of the house now, or get yourself out of the house now so she can't accuse you of abuse as a means of getting a GC (on the up side you wouldn't have the I-864 to worry about, on the down you'd have a record for spousal abuse).

[Brother Hesekiel 2,236]

Hi All,

I am the USC in a marriage - from a K1 petition. To say the marriage is Rocky is an understatement. We filed for AOS in February, and now she is speaking of a divorce and does not want counseling etc. At what time does the I 864 become binding? Do I have time to try to work things out or do I pull the plug on the marriage before she receives her 2 year GC? What is the time line? I am afraid she will be fake until she can count on the I 864 support. Thanks, scared, and confused.

Let me try to put this down a bit more thoroughly.

An Affidavit of Support is a commitment of you to Uncle Sam, that if the foreigner won't become a public charge to the American people, you'll be reimbursing him. It will stay enforceable until one of these 4 things happen to the immigrant:

1. she dies,

2. she loses her resident status and is being deported

3. she becomes a US citizen

4. she has paid at least 40 quarters into SS.

Number 4 is the big variable here. If your wife works at least half-time, she'll be done with this in 10 years. If she's a bum, becomes disabled, or joins a cult and works there for free, Scientology style, this could be potentially a commitment until the day you die.

The next point is the "means-tested benefits" thingi.

A resident is not eligible for means tested benefits until the 5-year mark has passed. In English: she would not be authorized to collect food stamps, for example. If she does anyway and Uncle Sam finds out, he can ask you to reimburse him. So much for the law.

In real life, something like this is highly unlikely. Equally unlikely is that a resident uses the Affidavit of Support as a basis of suing you for financial support. But nothing is unimpossible, which is why I like to compare it to a private student loan where one needs to be aware of what it means to sign on the dotted line.

[Curious_123 0]

Arrrgggghh, I tried to remove / end the I 864 by phone today and they said that it can only be done by a hand written letter to the service center. I thought things were better, but they are not. I hope that I am not out of time now.....

[Darnell 8,479]

Whoops, sorry I didn't see your post in May.

Basically, the petitioner withdraws the affadavit of support, the I-864 form,

prior to either

1. final adjudication (if no interview) or

2. interview day.

This is done by letter, can either MAIL in the letter, or

drop it off in person at yer local USCIS office (get an infopass appointment asap), talk with shift supervisor at the local office, face to face.

Since the casefile has not been approved yet, you still have a window, but it may be quickly shrinking.

If you take the mail route, mail the letter to:

1. local USCIS office

2. NATIONAL USCIS OFFICE (check yer I-797-C receipt notice on the I-485, that's the address to use)

Edited July 6, 2011 by Darnell

[Curious_123 0]

Whoops, sorry I didn't see your post in May.

Basically, the petitioner withdraws the affadavit of support, the I-864 form,

prior to either

1. final adjudication (if no interview) or

2. interview day.

This is done by letter, can either MAIL in the letter, or

drop it off in person at yer local USCIS office (get an infopass appointment asap), talk with shift supervisor at the local office, face to face.

Since the casefile has not been approved yet, you still have a window, but it may be quickly shrinking.

If you take the mail route, mail the letter to:

1. local USCIS office

2. NATIONAL USCIS OFFICE (check yer I-797-C receipt notice on the I-485, that's the address to use)

Thanks Darnell,

I have no idea if the GC has been issued yet... As I am not the petitioner for AOS, the great USCIS will not tell me and of course she will not tell me either. Not to repeat what has been said above by others and to continue to question, but what IF it has been issued and divorce is commenced quickly, HOW MUCH TROUBLE OR DIFFICULTY am I facing???

IF the GC has not been issued what if the case was transferred - does this make a difference as to where I should send the letter (as you mentioned the address listed on the I-797-C receipt)? Because I do not know where it was transferred to.

I am scared truly... I can't afford to lose everything over this...

Thanks