Withdraw of I-864 during ROC

[jenkatx 52]

Posting for a friend: My friend brought her Husband here and they celebrated their two year anniversary on October 1st. He had her sign the papers for ROC the next week, and then promptly left her. She is not trying to get him deported, but she doesn't want to be financially responsible for him. She called USCIS but they will not talk to her since it is his filing. I told her to withdraw her I-864. However, I am finding a lot of conflicting information here as to whether that is even possible once you have gone through AOS. Any advice?

[NigeriaorBust 4,087]

No pulling the I864 at this point. She should do what she can to protect her assets during the divorce

[jenkatx 52]

And that applies even if ROC has not yet been approved?

[NigeriaorBust 4,087]

There isn't a new I864 the original one still applies. The only slim hope she has is that he gets interviewed and fails to prove a good faith marriage. She could file for divorce , then delay the process, so if he does get an interview he cant file a divorce waiver because he isn't and he can't force her to show for an interview to prove a good marriage. Divorces can be delayed indefinately but only the person that actually files has the control.

[jenkatx 52]

Thank you so much, that may just be her saving grace. I appreciate your knowledge & quick response.

[jenkatx 52]

One more quick question, would you recommend she still writes USCIS a letter to inform them of what is going on? Could that trigger an interview?

[Newbie608 103]

I think if she divorce him now, he can still ROC on his own so an interview wouldn't make a difference at that point.

[NigeriaorBust 4,087]

SHe might have better luck getting ICE's interest as they are the agency responsible for immigration and customs enforccement. She will probably get the " we can't talk to you " but if she sends a letter with whatever she has to support the relationship was less than honest they may be interested even if they don't tell her so. H-ll send copies to both of them and don't expect a direct response.

[NigeriaorBust 4,087]

I think if she divorce him now, he can still ROC on his own so an interview wouldn't make a difference at that point.

If she starts the paperwork but doesn't finish the process she can hope he does get an interview. As long as the divorce is still in the works he can't use the waiver and he can't ROC based on the marriage if she doesn't go to the interview. The issue is many do NOT get an interview.

[amykathleen2005 441]

I suppose the real question is did he enter the marriage in good faith originally? If he did there is nothing you can do.

[VanessaTony 3,567]

Posting for a friend: My friend brought her Husband here and they celebrated their two year anniversary on October 1st. He had her sign the papers for ROC the next week, and then promptly left her. She is not trying to get him deported, but she doesn't want to be financially responsible for him. She called USCIS but they will not talk to her since it is his filing. I told her to withdraw her I-864. However, I am finding a lot of conflicting information here as to whether that is even possible once you have gone through AOS. Any advice?

Nope can't withdraw the I-864 but she SHOULD write USCIS and tell them she is withdrawing her "support" of the I-751. Basically like withdrawing her signature on the I-751. They will send him a letter requiring him to change it to a divorce waiver petition.

[VanessaTony 3,567]

One more quick question, would you recommend she still writes USCIS a letter to inform them of what is going on? Could that trigger an interview?

Not necessarily trigger an interview, no, but it will most likely make him change it to a waiver filing.

She should remove him from any bank accounts, from any bills. Start divorce proceedings, change the locks. Secure any personal documents in a safety deposit box. You never know what someone will do when desperate.

If she starts the paperwork but doesn't finish the process she can hope he does get an interview. As long as the divorce is still in the works he can't use the waiver and he can't ROC based on the marriage if she doesn't go to the interview. The issue is many do NOT get an interview.

If the divorce is in the works he needs to go the waiver route (if she withdraws her support by sending USCIS a letter). They will deny because he's missing the divorce certificate. Then he will go before an IJ who will order USCIS to halt proceedings until the divorce is finalised and THEN they'll process his ROC based on the waiver filing.

[jenkatx 52]

And if they process due after the divorce is final, she is still liable for him financially for the next 40 work quarters, due to the original I-864 she signed?

[Penguin_ie 5,993]

And if they process due after the divorce is final, she is still liable for him financially for the next 40 work quarters, due to the original I-864 she signed?

Yes she is liable even after the divorce, either for the 40 quarters, or, hopefully he will want to become a US citizen after 5 years which will also terminate her financial liability.

[jenkatx 52]

Thank you all for your responses. Not what she no I wanted to hear, but it is better to know exactly where you are.