Cancellation of affidavit of support

[Impossible 30]

So most of you know my story. In brief my husband came here on a K1 visa, we married and while waiting for AOS once he thought his paperwork was set he left. I didn't know where he was and the only communication at first was nasty texts from him. He changed his address and was living in an unknown location. Since then I do know where he is but I did cancel my affidavit of support. My question is, when his paperwork came in notifying of the cancellation, they gave him 30 days to find a new sponsor and respond to there notice. Is this normal for him to come on a K1 and now be able to find a new sponsor? If so, then there is something so wrong with this system!

[djricky4 67]

pretty messed up if you asked me.

[Que Saudade 284]

So most of you know my story. In brief my husband came here on a K1 visa, we married and while waiting for AOS once he thought his paperwork was set he left. I didn't know where he was and the only communication at first was nasty texts from him. He changed his address and was living in an unknown location. Since then I do know where he is but I did cancel my affidavit of support. My question is, when his paperwork came in notifying of the cancellation, they gave him 30 days to find a new sponsor and respond to there notice. Is this normal for him to come on a K1 and now be able to find a new sponsor? If so, then there is something so wrong with this system!

Hmmm, not to my knowledge. The only way he can adjust is through the K1 and subsequent marriage to you. You didn't mention it, so I am assuming that you are not divorced yet?

Quick question to you. Have you reported to USCIS the facts regarding your situation? It appears at first glance that he only wanted to use you to gain admission into the US. Protect yourself as he may try to turn the tables on you. Save all evidence of any nasty emails/texts etc....

[JohnR! 5,495]

So most of you know my story. In brief my husband came here on a K1 visa, we married and while waiting for AOS once he thought his paperwork was set he left. I didn't know where he was and the only communication at first was nasty texts from him. He changed his address and was living in an unknown location. Since then I do know where he is but I did cancel my affidavit of support. My question is, when his paperwork came in notifying of the cancellation, they gave him 30 days to find a new sponsor and respond to there notice. Is this normal for him to come on a K1 and now be able to find a new sponsor? If so, then there is something so wrong with this system!

Yes, he can find a new sponsor but he will need you for the ROC eventually, even if he gets a new sponsor. You should communicate to the USCIS that he has abandoned you and seek annulment of your marriage.

[Que Saudade 284]

Yes, he can find a new sponsor but he will need you for the ROC eventually, even if he gets a new sponsor. You should communicate to the USCIS that he has abandoned you and seek annulment of your marriage.

Question Gegel....

If the spouse calls and cancels I-864... Does that not automatically raise a huge red flag?

[JohnR! 5,495]

Question Gegel....

If the spouse calls and cancels I-864... Does that not automatically raise a huge red flag?

My understanding is that she canceled the I-134 she signed for his K-1, and it is based in the fact the USCIS accepted her withdrawal as a sponsor. I am taking her work face value on this, for the I-864 is irrevocable

Under that scenario he now has 30 days to find a sponsor for his I-864 as part of his AOS.

If that is the actual scenario he will be screwed, for the spouse must always be the main signatory of the I-864 for AOS, so he will have to prove abuse or any other sort of mitigating circumstance. So yes, there will be a red flag going up if he gets someone else to be his sponsor.

Edited August 14, 2012 by Gegel

[NigeriaorBust 4,087]

Adjustment of status is supposed to be based on a bonefide relationship. The fact he seems to be adjusting without this I suspect he is trying the VAWA route. From what you have related here he seems to be a sneaky person. Could he have faked evidence for VAWA ?

[Que Saudade 284]

My understanding is that she canceled the I-134 she signed for his K-1, and it is based in the fact the USCIS accepted her withdrawal as a sponsor. I am taking her work face value on this, for the I-864 is irrevocable

Under that scenario he now has 30 days to find a sponsor for his I-864 as part of his AOS.

If that is the actual scenario he will be screwed, for the spouse must always be the main signatory of the I-864 for AOS, so he will have to prove abuse or any other sort of mitigating circumstance. So yes, there will be a red flag going up if he gets someone else to be his sponsor.

She states they were married and waiting on AOS. If that is the case, then an I-864 would have been submitted with that package. (?)

[JohnR! 5,495]

She states they were married and waiting on AOS. If that is the case, then an I-864 would have been submitted with that package. (?)

I don't know that a I-864 can be withdrawn after it is filed, but if that were the case, the AOS would have been denied outright, with the acceptance of the withdrawal of which she speaks. (that is what made me think of the I-134..)

Something does not jive...

[Impossible 30]

so let me understand he can get a new sponsor but he would need me for what? This is so odd to me how he can come here for a marriage and life with me and when it is so apparent that he didnt have good intentions he can still stay with a new sponsor. wow

[Que Saudade 284]

so let me understand he can get a new sponsor but he would need me for what? This is so odd to me how he can come here for a marriage and life with me and when it is so apparent that he didnt have good intentions he can still stay with a new sponsor. wow

OP, did you file AOS for your husband? I-485 with the affidavit of support I-864?

Edit: Impossible, when we use OP (original poster), we are directing the question towards you.

Edited August 14, 2012 by Que Saudade

[JohnR! 5,495]

so let me understand he can get a new sponsor but he would need me for what? This is so odd to me how he can come here for a marriage and life with me and when it is so apparent that he didnt have good intentions he can still stay with a new sponsor. wow

This is all very odd. Regardless you must be the main sponsor so it is really strange the USCIS accepted your withdrawal and requested a new sponsor.

How far along with hiS AOS were you? What forms had you filed?

[Que Saudade 284]

Regardless of the answers to the question......

Impossible, you need to schedule an INFOPASS ASAP with your local USCIS office to discuss your situation. Take any evidence that you may have to present to them.

They will advise you as what to do and they will also pass onto ICE any information necessary. The sooner the better as someone may be coaching him on how to get around this such as VAWA.

Good luck

P.S. I have read several other posts similar to this and no one has ever mentioned the ability to get another sponsor. In fact, they mention once I-864 is affectively cancelled, the I-485 can not be approved.

I would like to see the OP respond to some questions prior to proceeding any further. Very vague, very strange....

Edited August 14, 2012 by Que Saudade

[Eric-Pris 1,604]

To be safe, I would contact ICE and report him as abondoning you and the fact that you feel he used you to get into the US. Make sure you go on record with that. The more evidence you submit, the better.

[NigeriaorBust 4,087]

My thought is he staged VAWA with the aid of someone gender appropriate.