Pending I-485 petitioner sent letter to withdraw :(

[scotish 0]

Hello Everyone,

You guys have helped me a lot in the past and I need help again

Any replies would be greatly appreciated

I came to US on a k-1 visa and I got my EAD but I-485 is still pending

Things are not really well between me and my husand but we are not divored

My husband USC sent a letter to USCIS that he wants to withdraw himself from my I-485

I have two questions

First question is that if i convince him to help me, what is the procedure ?

And second if my I-485 ends up getting denied, what do i do from there
I have been reading and this is what I found

What is the procedure for this, do I have to hire a lawyer?

http://www.gurfinkel.com/imm_updates74.htm

Thank agagin

[newacct 688]

First, I don't think he can "withdraw your I-485". He didn't file the I-485; you did. Instead, he would withdraw his I-864, which should then automatically cause your I-485 to be denied.

I am not sure about the issues in the case cited by that article. It appears to be this case: http://www.justice.gov/eoir/vll/intdec/vol25/3707.pdf Maybe people more familiar with the laws can comment on that case. In that case, it did not mention the withdrawing of I-864, so I'm not sure how that would factor into it.

[Umka36 781]

What do you mean by convince him to help?

When the I-864 is withdrawn, the I-485 is denied as newacct posted above. You would have nothing to adjust from. The only other options would be is to adjust under VAWA, but only if that is true since this could/would destroy the US spouses life.

[scotish 0]

Yes you are right he withdrew his I-864, is there anyway he can undo what he did

[scotish 0]

is there anyway someone can cancel withdrawal of i-864 ?

[KayDeeCee 4,895]

Convince him to help? You mean just having him go through with it for immigration purposes only? That is fraud. If your marriage is over and he withdraws the I-864, the I-485 will be denied. You would then divorce and return to your country.

IF you worked things out and your marriage is real and you were filing to get the green card to live with your spouse in a genuine marriage, then you could refile once the I-485 is denied due to lack of financial support. I am not sure he can stop is his withdrawal at this point, but I suppose he could make an Infopass appointment to inquire about it.

[scotish 0]

Does anyone know how much time is given to the alien for removal proceedings?

[Pitaya 2,577]

~Moved from Family-based AOS Process forum to Effects of Major Family Changes on Immigration Benefits forum~

~AOS effects pending withdrawal of I-864~

[Carla V 43]

I dont know but if the main reason you came here (your husband and your marriage) is not working and he even withdraw his affidavit, is not better to go back to your family in your country???

without risking that someday you can come back as tourist??? If they deport you or remove you from the US it will stay forever in your record...

[VanessaTony 3,567]

Does anyone know how much time is given to the alien for removal proceedings?

You will be given 30 days to leave I believe. I suggest you sign the divorce papers and then leave.

[newacct 688]

But guys, the case the OP mentioned (Matter of Alfred Kebbie Sesay) is interesting. In that case, the immigrant was divorced before the AOS was complete. Could it be that the petitioner in that case, though having divorced the immigrant, opted to not withdraw the I-864? That would be unusual.

[Villanelle 4,122]

The lawyers ad is simply a way to drum up business. The case hes referring to is an extremely rare scenario. The guy in question came on a K1 married in 2000 and filed in 2001, he wasnt approved until late 2003. So it took over 2 years for them to adjudicate his case, which is a shame. They then denied him as by the time they got to him, he was divorced.

The summary to the case is actually "He was not subject to the provisions of the case because his marriage was more then 2 years old when his application was adjudicated". A key factor thats missing when the lawyer advises "if you entered the U.S. on a fiancé(e) visa, married your American citizen petitioner within 90 days, and filed for adjustment of status, but got divorced before receiving your green card, then I would strongly suggest that you seek the advice of a reputable attorney, who can determine if your situation is similar to this BIA case."

Why not just tell people the two years is the factor that will determine if your case is similar to the one hes quoting? Because then he wont get the consultations ($) from all the K1s who read it like above and think- hey thats me! and come in just to be told, yeah sorry theres nothing we can do for you as you are subject to the provisions. While everyone likes to think they are special, chances are you are the 99% and not the 1% rare exception case.

Could it be that the petitioner in that case, though having divorced the immigrant, opted to not withdraw the I-864? That would be unusual.

It seems as if he and his wife filed in 2001, never heard back and carried on with their lives for the next 2 years, got divorced and the petitioner mustve figured (similar to what USCIS thought) that the divorce itself would make the petition null and void, (if they werent married any longer he wasnt going to get the card and usually it does except in rare cases like this) so they didnt withdraw the 864. I believe if they did before the divorce, or during, or even any time before his card was issued the outcome of the case would be different, because w/o the 864 his packet is incomplete and his card wouldnt have been able to been issued.

[scotish 0]

Its a general rule now
Read this

http://www.justice.gov/eoir/vll/intdec/vol25/3707.pdf

http://www.justice.gov/eoir/vll/ILA-Newsleter/ILA%202013/vol7no6.pdf

[Villanelle 4,122]

^I didnt read through all your links, just browsed them and Im not going to argue semantics with you about if its a rule then or a rule now. The policies are the polices. Sometimes things get denied and go through appeals and clarifications or addendum's are made based on that.

If you want to consult an attny feel free to, but theres really nothing similar between your situation and the BIA case above. With a withdrawn 864 your application packet is incomplete and there is no way you will be able to adjust- period. It wont matter if you are divorced, together, married 6 months or married 2 or more years. They will not approve you.

Your options would be- (since you are a K1)

1. A VAWA claim. But this is not even an option really as you were not a victim of abuse, so while it is a path available to K1 holders its not available to you.

2. Reconciling with your spouse. This may or may not be possible as it would seem in his mind things are truly over as he went to the extreme length of canceling his 864 with USCIS. I mean were not talking Im angry with you and Im going to sleep on the couch tonight. He actually submitted paperwork to the government to cancel your residency here. Thats a pretty clear and direct message that its over. But perhaps with some marriage counseling or therapy things could be mended. (I really have no idea what the issues were or if they could be fixed).

If things are able to be fixed and you do legitimately reconcile- he could attempt to withdraw his withdrawal letter. I have no idea if they will accept it at this point or if they will tell you its too late and you will be denied. If they accept it, they may require a new 864 from him as well and they will finish processing your petition and youll get your card. IF they deny you, the letter will state you can not appeal it, but you can. Youd have the choice then of appealing it and he would have to send in the letter like above, canceling out his prior withdrawal along with a new 864. They may or may not grant you the appeal and issue the card. Or you could simply refile fresh.

(if you go this route and reconcile, I would first attempt to withdraw the withdraw letter in person if theres time {you havent been denied yet} if it works great, if not and you do get denied, then you should consult with an attny about whether or not an appeal or refiling is the way to go as appeals are costly and time consuming and you would probably need help in filing one like this. If the attny says yes to the appeal then hire them, if its a no go on the appeal, then you should be able to refile on your own w/o an attny again)

3. Accept things are over and either wait for the denial to come or leave before it comes. The denial will explain you have been denied and will explain things like overstay. When you accumulate enough overstay youll incur bans that will effect your ability to get future visas. The denial does not typically include deportation orders. They would come separately afterwards but they usually never generate them. They count on you leaving voluntarily to avoid the future bans. Ideally you would want to leave with in the 30 days from when you get the denial letter. Once you get the denial letter you have no status. (You could push it and remain in the country illegally and wait for deportation orders- however they may never come, and youd be accumulating overstay)

[Darnell 8,479]

Yes you are right he withdrew his I-864, is there anyway he can undo what he did

Withdrawing the I-864 stops the adjustment of status process.

However, he can file a new adjustment of status on you, paying all of the fees a 2nd time, and then go forth.

There's a huge difference between 'helping you' and 'filing because yer in a real marriage' - so pay attention to that.