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Filed: Timeline
Posted

I have only been married a couple of months and realize I have made a huge mistake for alot of reasons. I am also a bit worried that my spouse may try to file without me. Could my spouse file for AOS using another sponsor for the i864 if I don't do it? Or does the I864 Sponsor have to be the petitioner.

Or is it mute point and he/she can't file if we are getting divorced?

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted (edited)

the main sponser in your case, is you.

he cannot get another main sponser - it just isn't done.

so, if you are thinking to withdraw yer i-864, affadavit of support - do so now.

If you have a joint-sponser or co-sponser - yer withdrawal negates their affadavit of support, totally.

If you've not filed anything with USCIS and are having second thoughts - is best not to file ANYTHING until you are clear on what you want to do.

Good Luck !

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Filed: Citizen (apr) Country: Australia
Timeline
Posted

You spouse can only file for AOS without you if they accuse you of abuse. You are the only one that can complete the I-864 if they try to AOS based on marriage but now that you ARE married that they try and claim you abused them and AOS that way (no i-864 needed)

Filed: Timeline
Posted (edited)

Just withdraw the affidavit of support. The adjustment of status can't be approved without it, and no one else can sponsor him unless your I-864 still stands.

Only way he could adjust without you then is if you've been abusing him.

Edited by jaejayC
 
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