aos

[ronluvme 10]

hello folks,

i have a quick question to you all,is the petitioner or husband can widraw the 1-864 while gc is pending?i mean if the couple are having misundertanding now and the husband want to send his wife home while gc is pending?and he wants to widraw the 1-864?is that possible if so what is the wife option?return home?thank u in advance.

[Anh map 2,098]

A US citizen spouse cannot send anyone home. The immigrant is not a piece of property that can be returned when there is a problem.

Yes, the petitioner can withdraw their affidavit of support. Yes, there is the possibility that the immigrant spouse can adjust status on their own.

[VanessaTony 3,567]

hello folks,

i have a quick question to you all,is the petitioner or husband can widraw the 1-864 while gc is pending?i mean if the couple are having misundertanding now and the husband want to send his wife home while gc is pending?and he wants to widraw the 1-864?is that possible if so what is the wife option?return home?thank u in advance.

If he withdraws his I-864 your AOS will be denied and you will be given 30 days to leave the US.

[Darnell 8,479]

Yup, if the USCitizen Spouse officially withdraws the I-864, affadavit of support, then the other spouse cannot adjust status based on marriage to a US Citizen. There's an exception or two, it is possible to file on yer own, but it's rarely done as the steps necessary seem herculean to anyone making the attempt.

As for 'returning home' - is nothing automatic from USCIS - many steps are involved - you'd have to have a judgement against you in a deportation hearing , declared 'deported' then somehow you get on a plane. Lots of steps in between, and with a judgement against you, not allowed in the USA for at least 10 years.

IMO, withdrawing the affadavit of support is a harsh step, but it is allowed for the USCitizen to do this. Sometimes the harsh step is the ONE THING saving the USCitizen from further chaos, as well.

I do note I'm skipping around here, as there's a natural order to 'the steps'.

If the withdrawal occurs prior to interview day, then ON interview day the AOS case is denied.

You can leave any time you want, regardless.

Edited December 26, 2011 by Darnell