Canceling I-864 reconsidering my decision

[vjhelp 0]

I'm USC and currently doing AOS I-485 after bringing my spouse on K1 visa. I have send in a letter requesting to California Service Cent who is processing my wife's AOS to withdraw my I-864 affidavit of support since the decision hasn't been made.

I am wondering if they approve my request and deny her Permanent Residence.

Let's say our marriage works out is there any room to repply her AOS I-485 while she lives with me in USA?

Will US give her a chance for her leave the US and then I sponsor her to come back to USA on some sort of visa ?

Appreciate all the help.

Edited April 14, 2012 by vjhelp

[Tygrys 143]

I'm USC and currently doing AOS I-485 after bringing my spouse on K1 visa. I have send in a letter requesting to California Service Cent who is processing my wife's AOS to withdraw my I-864 affidavit of support since the decision hasn't been made.

I am wondering if they approve my request and deny her Permanent Residence. YES. They may or not place him in deportation procedings after the application is denied.

Let's say our marriage works out is there any room to repply her AOS I-485 while she lives with me in USA? YES. You will be able to repeat the process and reapply as long as you're married and he is here. A lot to explain at the interview though, I guess.

Will US give her a chance for her leave the US and then I sponsor her to come back to USA on some sort of visa ? YES. You will be able to file for CR-1/IR-1 if he leaves the US as long as you remain married. Again, there will be need for some explanation at the consulate interview.

Appreciate all the help.

Edited April 14, 2012 by Tygrys

[Inky 1,110]

I'm USC and currently doing AOS I-485 after bringing my spouse on K1 visa. I have send in a letter requesting to California Service Cent who is processing my wife's AOS to withdraw my I-864 affidavit of support since the decision hasn't been made.

I am wondering if they approve my request and deny her Permanent Residence.

Let's say our marriage works out is there any room to repply her AOS I-485 while she lives with me in USA?

Will US give her a chance for her leave the US and then I sponsor her to come back to USA on some sort of visa ?

Appreciate all the help.

When you pull the support the AOS is denied and EAD / AP and status is revoked. They cannot work or anything anymore and will need to leave the USA.

[ceadsearc 516]

If things work out you can responsor but it'll probably be more difficult as you have to prove a legitimate marriage when you have already told USCIS yours isn't working. Expect to have to show even more proof.

[vjhelp 0]

Which would be better choice? To stay in USA and reapply for AOS (afraid the beneficiary will be out of status while the application is processed to responsor) or to leave USA and reaaply from outside and thus no chances of being out of status.

I'm wondering if spouces denial of an AOS will certainly have some ramnifications i.e not able to apply from inside USA.

[ceadsearc 516]

Yes, there is a good chance they will be put into removal proceedings.

[vjhelp 0]

If a person is married to USC the person never is out of status because there marriage is a right to not to go out of status? i.e a person can live out of status and apply for a residency as they are married to a USC. ie marriage is a route to residency for people who are out of status. Or does US laws expect them to leave usa and apply from outside to reinstate their status?

Thanks

[ceadsearc 516]

Marriage doesn't result in any legal status. Marriage allows one the opportunity to apply for legal status. In the meantime, they are out of status and subject to deportation if USCIS becomes aware. By filing AOS USCIS is aware. If the AOS is cancelled or denied, the immigrant is required to leave the country unless they have some other legal means of staying.

[vjhelp 0]

I sponsored my spouse K1 and she came to USA, got married, send in the AOS I-485 with I864 forms. Marriage didn't work out and I wrote the USCIS that is processing her case a petition to withdraw I864 notarized with a return reciept. The case is still in pending status till today.

What else can I do to make sure that they don't ignore my letter requesting that my marriage is not vialable and withdrawal of I864?

[Inky 1,110]

Call them and confirm they got the withdrawal letter. Inform them of the divorce ( assuming your getting one, or have already been divorced )

[aaron2020 11,651]

I sponsored my spouse K1 and she came to USA, got married, send in the AOS I-485 with I864 forms. Marriage didn't work out and I wrote the USCIS that is processing her case a petition to withdraw I864 notarized with a return reciept. The case is still in pending status till today.

What else can I do to make sure that they don't ignore my letter requesting that my marriage is not vialable and withdrawal of I864?

Go to the nearest USCIS office. Ask them if it's in their system. Protect yourself by submitting the request to withdraw the I-864 again on your office visit.

Your financial ####### is on the line, so get motivated to go to the nearest USCIS office to protect yourself.

Edited April 16, 2012 by aaron2020

[vjhelp 0]

Interesting so local USCIS infopass agent will be able to tell me if they recieved my letter stating my intent to withdraw? I'm assuming they log these letters in their computer system?

Thanks

[vjhelp 0]

By the way, I live in Virginia and it is Washington Field office that is close to me and my spouse's case is pending at California Service Center. Whenever I call they said they can't discuss the case with me becuase I'm not the beneficiary.

I will make an infopass appointment and check if they can see my letters to cancel I864 on their system.

[NigeriaorBust 4,087]

It may be her case but it is your agreement to support and you have a right to know that it has been properly voided.

[vjhelp 0]

I just called USCIS phone number and the lady officer refused to dicuss the case with me over becuase she said the case belongs to applicant which is my wife. I explained her that I am the petitioner but she kept saying no.