Husband pulled I-864

[VanessaTony 3,567]

I'm not questioning but rather trying to learn.

I read this timeline and it says OP has a K1.

Wouldn't the USC file the AOS at the time of the visa interview?

And doesn't it remain valid until the beneficiary attain 40 questers of work or becomes a citizen?

So I am having trouble figuring out how the USC was abel to pull this of?

This is why I don't refer to the I-864 or I-134 as "AOS". AOS means "Adjustment of Status".

The OP filed for AOS (adjustment of status) after entering on a K1 visa and marrying her husband, which is the process. At the K1 visa interview she submitted an I-134 (not legally binding but signed by her husband) to obtain the visa. When she files AOS she files the I-864 (signed by her husband)as well which IS legally binding once her GC is approved. Until her GC is approved he is able to pull his I-864.

[dwheels76 5,468]

I am so sorry dear. Man getting really sick and tired of people treating each other like u r picking a pet at the shelter and return or let loose on the wild when u no longer want them.

Why wasn't there a hearing a letter to the Beneficiary. Man this makes me hot. So so sorry. God bless you and all you do in the future.

[vjhelp 0]

Doesn't USCIS see foulplay on petitioners part of withdrawing I864 after signing it? My friend called USCIS the person answering the phone said that the officer still has to look at the file and signing the i864 is taken very seriouisly. The person on the phone also said that beneficiary is married to a US citizen and that itself is very important point and has rights.

Just wanted to add some points mentioned by 1-800 people answering.

[VanessaTony 3,567]

Doesn't USCIS see foulplay on petitioners part of withdrawing I864 after signing it? My friend called USCIS the person answering the phone said that the officer still has to look at the file and signing the i864 is taken very seriouisly. The person on the phone also said that beneficiary is married to a US citizen and that itself is very important point and has rights.

Just wanted to add some points mentioned by 1-800 people answering.

The 1800 people are morons. If he withdraws it, he withdraws it. The CO doesn't "decide" whether to accept the withdrawal or not. They HAVE to accept it... but they can make it look like they didn't get it in time of course... I doubt "foul play" is considered on the petitioners part by withdrawing it after signing it. Could be the beneficiary is a scammer (I don't believe this is true in this case of course). The I-864 is a VERY serious document that I believe some petitioners take WAY too lightly. Some get thinking about it and get cold feet, as is their right. Crappy, but their right.

[Iyawo Ijebu 157]

This is why I don't refer to the I-864 or I-134 as "AOS". AOS means "Adjustment of Status".

The OP filed for AOS (adjustment of status) after entering on a K1 visa and marrying her husband, which is the process. At the K1 visa interview she submitted an I-134 (not legally binding but signed by her husband) to obtain the visa. When she files AOS she files the I-864 (signed by her husband)as well which IS legally binding once her GC is approved. Until her GC is approved he is able to pull his I-864.

Thank you for the clarification.

[NigeriaorBust 4,087]

So many people now days meet online, meeting physically only enough to meet the requirements of filing. They spend no real time together other that quicky vacations of a week or two. Then they get a visa and jump into 24/7 with someone totally new the US. I am supprised more people don't "pull their support" . Actually a lot of the people that arrived married and can't pull the affidavit end up going their separate ways because they weren't really right for each other. In that case the USC ends up with at least a 10 year noose about their neck unless they have pushed their no longer partner into getting citizenship. Online romance is many times a fairy tale of perfection that doesn't stand up to real life. It is sad when real life hits but when it does and things are bad one of the two get the shaft. On K1's it is the goreign person that ends up stranded and on the CR1 it is the USC that is raped by an affidavit to support a stranger that they married . People shouldn't be jumping to marry the first person that whispers sweet nothings into their ear ( or screen )

[Darnell 8,478]

Doesn't USCIS see foulplay on petitioners part of withdrawing I864 after signing it? My friend called USCIS the person answering the phone said that the officer still has to look at the file and signing the i864 is taken very seriouisly. The person on the phone also said that beneficiary is married to a US citizen and that itself is very important point and has rights.

Just wanted to add some points mentioned by 1-800 people answering.

unless you are talking with an ISO at the 1-800 people hotline,

then yer talking with a SERCO contractor (The CSR/Tier-1 reps) and each one is poorly trained.

They have a habit of making up stuff, as they not have access to 'look up the instructions' on their terminal screens - they only have scripts that cover the top 20 list of questions.

Sorry.

[Iyawo Ijebu 157]

So many people now days meet online, meeting physically only enough to meet the requirements of filing. They spend no real time together other that quicky vacations of a week or two. Then they get a visa and jump into 24/7 with someone totally new the US. I am supprised more people don't "pull their support" . Actually a lot of the people that arrived married and can't pull the affidavit end up going their separate ways because they weren't really right for each other. In that case the USC ends up with at least a 10 year noose about their neck unless they have pushed their no longer partner into getting citizenship. Online romance is many times a fairy tale of perfection that doesn't stand up to real life. It is sad when real life hits but when it does and things are bad one of the two get the shaft. On K1's it is the goreign person that ends up stranded and on the CR1 it is the USC that is raped by an affidavit to support a stranger that they married . People shouldn't be jumping to marry the first person that whispers sweet nothings into their ear ( or screen )

Your very well written post here brings up one of my bone of contentions with this process.

I blame Nigerian government ultimately for us not being able to waltz in and out like those on the VWP, I think it would be good if more folks can have their Fiances visit them for 2 to 3 months here in the states to further develop the relationship before jumping in.

My Fiance spends every other weekend with my Mum and my older Sister in Nigeria since we got engaged, they have spent more time with her than me.

[NigeriaorBust 4,087]

Your very well written post here brings up one of my bone of contentions with this process.

I blame Nigerian government ultimately for us not being able to waltz in and out like those on the VWP, I think it would be good if more folks can have their Fiances visit them for 2 to 3 months here in the states to further develop the relationship before jumping in.

My Fiance spends every other weekend with my Mum and my older Sister in Nigeria since we got engaged, they have spent more time with her than me.

I am not Nigerian but I knew more of the culture than most non Nigerians entering into this. It was so needed to get through this. It helps me remember to stop and explain to my husband that "this isn't the way you do that in America because... " and helps me to know when to just shake my head and say " Crazy Nigierians" It also helps me deal with the things that must be done back there ( as you can tell from my tag there is a LOT for him to deal with remotely , thank heavens for the cabinet ) But I also read about the tens of thousands of Americans that are bilked out of millions of dollars by 419 and romance scams ( which are all blamed on west africans no matter who does the deed) and really think at times the embassy needs to increase their vetting of relationships. The moethod employed are suited for scammers to slip thorugh. They are so practiced at story telling that they fly past the interviews and telling of such lies about loving someone is against the American thought process that the USC is clueless about these fools. I wish that they could implement something like voluntary lie detectors to enable those that wish to submit to the test a fast track path to a visa. So many from Nigeria have to petetion twice to get our partner here and it is because we pay for the misdeeds of others. I know of more than one person romanced scammed by Nigerians that are so brain washed by the love talk they continue on to petition the man child that spoke those words behind the persona of a wealthy white man. Nigeria will never be allowed to use a VWP until you can get rid of the people with pockets full of Nigerian passports so they can try and try again to sneak past the embassy .

[Iyawo Ijebu 157]

I am not Nigerian but I knew more of the culture than most non Nigerians entering into this. It was so needed to get through this. It helps me remember to stop and explain to my husband that "this isn't the way you do that in America because... " and helps me to know when to just shake my head and say " Crazy Nigierians" It also helps me deal with the things that must be done back there ( as you can tell from my tag there is a LOT for him to deal with remotely , thank heavens for the cabinet ) But I also read about the tens of thousands of Americans that are bilked out of millions of dollars by 419 and romance scams ( which are all blamed on west africans no matter who does the deed) and really think at times the embassy needs to increase their vetting of relationships. The moethod employed are suited for scammers to slip thorugh. They are so practiced at story telling that they fly past the interviews and telling of such lies about loving someone is against the American thought process that the USC is clueless about these fools. I wish that they could implement something like voluntary lie detectors to enable those that wish to submit to the test a fast track path to a visa. So many from Nigeria have to petetion twice to get our partner here and it is because we pay for the misdeeds of others. I know of more than one person romanced scammed by Nigerians that are so brain washed by the love talk they continue on to petition the man child that spoke those words behind the persona of a wealthy white man. Nigeria will never be allowed to use a VWP until you can get rid of the people with pockets full of Nigerian passports so they can try and try again to sneak past the embassy .

1) Any foreigner that gets duped by 419 scam needs to face charges locally for attempted fraud. He can be found not guilty by his peers later after all evidence has been weighed in. "You cannot cheat an honest Man". I've never been swindled, locally or in any foreign land I've lived in.

2) Romance scams: I wasn't even aware that such exists until I started tis process to get my Fiance here and I started doing research. I naively thought it would be an easy task being that I am a USC dealing with the United States of America.

3) The number one job of government is to create/enable an environment that promotes commerce. Provide adequate healthcare, etc These are lacking in Nigeria and hence the reason why "Yahoo Yahoo Boys" abound. Not making an excuse for them but the government has been failing the youths in Nigeria for decades now.

The immigration process, at least for marital purpose is indeed broken. There is no reason why USC have to go through this process in this way. It should be as easy as making an appointment at the embassy with your Spouse.

But I agree, we do pay for the misdeeds of others.

[GnBnL 50]

Got nothing to add to the Nigerian commentary (lol!) but just wanted to say thanks to the members for answering questions and for all the support. Immigration benefits are certainly not anyone's rights and although its a pain in the #### for us, I'm glad they take it very seriously. Splitting is not easy, but I am fortunate to have a lot of support and a place to go back to. good luck to everyone on their journeys.

[NigeriaorBust 4,087]

1) Any foreigner that gets duped by 419 scam needs to face charges locally for attempted fraud. He can be found not guilty by his peers later after all evidence has been weighed in. "You cannot cheat an honest Man". I've never been swindled, locally or in any foreign land I've lived in.

2) Romance scams: I wasn't even aware that such exists until I started tis process to get my Fiance here and I started doing research. I naively thought it would be an easy task being that I am a USC dealing with the United States of America.

3) The number one job of government is to create/enable an environment that promotes commerce. Provide adequate healthcare, etc These are lacking in Nigeria and hence the reason why "Yahoo Yahoo Boys" abound. Not making an excuse for them but the government has been failing the youths in Nigeria for decades now.

The immigration process, at least for marital purpose is indeed broken. There is no reason why USC have to go through this process in this way. It should be as easy as making an appointment at the embassy with your Spouse.

But I agree, we do pay for the misdeeds of others.

Most victims of 419 are guilty of greed which is not a crime in the court of law. One the other hand the 419 instigator is guilty of theft by deception, wire fraud and a slew of other crimes. Not all of the vicitims are supposedly helping steal something. Many are just chasing unbelievably good deals. I have seen it first hand. A "partnership" in Nigerian oil to issues getting the profits out of the country to a never ending tale of courriers and fees and certificates. Guilability and dishonesty are not the same.

[vjhelp 0]

Let's say her spouse decides to have a change of heart and wants to mend bridges and re-sponsor her. Since she is out of status, what visa would her spouse apply for her to enter USA? Would it be easy if she never left for canada and stayed in USA? Is it better to stay in USA during AOS so if she is in USA she has more options to work things out with her spouse who pulled support? Would her husband just resend the 1080$ I864 and I485 again if they were inside USA ? or is she is out of status and she can't reapply from inside US because her k1 expired?

[vjhelp 0]

After the I864 is withdrawn and decision is made by USCIS where the AOS requested by beneficiary is denied. Can this couple resend the AOS application and explain that they never filed for divorce and would like to adjust again? Is this allowed or the beneficiary has to leave US and petitioner has to start over the processing of visa so she can come back to USA?

[memlaura 60]

I am not Nigerian but I knew more of the culture than most non Nigerians entering into this. It was so needed to get through this. It helps me remember to stop and explain to my husband that "this isn't the way you do that in America because... " and helps me to know when to just shake my head and say " Crazy Nigierians" It also helps me deal with the things that must be done back there ( as you can tell from my tag there is a LOT for him to deal with remotely , thank heavens for the cabinet ) But I also read about the tens of thousands of Americans that are bilked out of millions of dollars by 419 and romance scams ( which are all blamed on west africans no matter who does the deed) and really think at times the embassy needs to increase their vetting of relationships. The moethod employed are suited for scammers to slip thorugh. They are so practiced at story telling that they fly past the interviews and telling of such lies about loving someone is against the American thought process that the USC is clueless about these fools. I wish that they could implement something like voluntary lie detectors to enable those that wish to submit to the test a fast track path to a visa. So many from Nigeria have to petetion twice to get our partner here and it is because we pay for the misdeeds of others. I know of more than one person romanced scammed by Nigerians that are so brain washed by the love talk they continue on to petition the man child that spoke those words behind the persona of a wealthy white man. Nigeria will never be allowed to use a VWP until you can get rid of the people with pockets full of Nigerian passports so they can try and try again to sneak past the embassy .

I loved reading the beginning of your post it made me laugh. My husband and I have so many conversations and when he talks about stuff that we dont do here I say "welcome to America" as I explain it to him and when I think something should be different there he says "welcome to Nigeria". Learning the differences and growing from them on both parts is a big part of this journey... And sometimes as you can tell from my post a few weeks ago it can become over whelming...