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yailukmuu

How, exactly, to withdraw an I-864?

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Filed: K-1 Visa Country: Philippines
Timeline

I need to withdraw my I-864 to protect myself since my spouse has left for no specific reason and I know for certain that she has told at least one person that I "threatened to send her home," which I never did.

I received Form I-797-C, Notice of Action today in the mail. (Acknowledgement of receipt of AOS application).

I know that I write back to the address on the form, as I've searched for information.

The address is

USCIS

National Benefits Center

PO Box 648003

Lee's Summit, MO, 64002

Is it as simple as writing:

I wish to withdraw my Affidavit of Support, Form I-864 for #Axxxxxx.

Attached is a copy of the I-797.

Thank you

dated and signed, to be sent via USPS with tracking

I'm also told I need to make an Infopass appointment. I imagine this is just to hand another copy to a real person but I'm not sure what I do or what happens at the infopass appointment.

I've been to the USCIS page, and from there put in my zip code.

This sent me to https://infopass.uscis.gov/infopass.php

Since my case has a case number MSCxxxxxxxxxx I'm presented with four options.

  • If your case has a receipt number, you can check the status.

We offer 4 kinds of appointments for a case that you have already filed. Please choose from the following - Order from Immigration Court - If you were directed to us for processing based on an order from the Immigration Judge. You must bring all documents required in the post order instructions given to you by the court.
Case Processing Appointment - If you received a notice to go to your local office for further case processing.
EAD inquiry appointment - If your I-765 employment authorization application has been pending for more than 90 days.
Case Services follow-up appointment - If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment.

Order from Immigration Court - If you were directed to us for processing based on an order from the Immigration Judge. You must bring all documents required in the post order instructions given to you by the court.

None of these apply, and if I go to the next page, it returns me to this page.

If the Infopass is needed to hand deliver a request to withdraw my I-864, and to state that I fear a possible VOWA action--just how do I schedule this visit?

Thank you.

Edited by yailukmuu
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I have no experience with the infopass appointment.

But I would choose Case Processing Appointment to get into the USCIS office as soon as possible.

Done with K1, AOS and ROC

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As stated, send one copy to the NBC, and make an Infopass at your local office to give them another copy of the same letter. A simple statement is all that is required, and what you have written should be fine. Just make sure her alien number is there, together with the I-485 case number. Sign it, date it, have your address and contact information at the top, and you should be good.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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I meant to choose the "Case Processing Appointment" option as the reason for making the infopass, on the USCIS website

Done with K1, AOS and ROC

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"I'm also told I need to make an Infopass appointment. I imagine this is just to hand another copy to a real person but I'm not sure what I do or what happens at the infopass appointment."

I had and Infopass appointment at the USCIS Office of Jacksonville in FL and it was really simple. There were just 3 officers, I took a number and waited for a few minutes until they called me, then I explained to the officer why I was there and she received the documents I had brought and gave me the information I needed.

I highly recommend you to go there and hand that letter to an officer because, in my case, this appointment was 2 weeks after they received an important letter I mailed them and they had not even opened the envelope.

Edited by Atenea

  • K-1 Fiancee Visa

  • Adjustment of Status

Conditions removal

Naturalization

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I recommend also to withdraw your already approved I-129f. This is advice given to me from an immigration officer when I had to withdraw my previous I-864. This is the sample of the letter I wrote:

United States Department of Homeland Security

U.S. Citizenship and Immigration Services

National Benefits Center

P.O. Box 648003

Lee's Summit, MO 64002

(Current Date)

Nature of the submission: Withdrawal of Support for pending I-485 application

RE: MSCXXXXXXXXX

To Whom It May Concern:

I am requesting the official withdrawal of my original approved I-129f Petition for Alien Fiancee, as well as my Affidavit of Support form I-864. The receipt number for the pending I-485 case is MSCXXXXXXXX. The reason for this withdrawal is divorce.

The applicant's name (for the I-485 case): (NAME)

Date of Birth: (DOB)

Original Petitioner's name (for the I-129f) (NAME)

Date of Birth: (DOB)

Included are copies of:

  • Approval notice of I-129f petition

  • Receipt notice for I-485 application

  • ASC appointment notice for biometrics

I respectfully request a confirmation that my support has been withdrawn.

Thank you.

They sent me a letter about a month later confirming the withdrawal of both my I-129f AND the I-864. The last part of the letter from USCIS said:

USCIS has accepted your withdrawal. The Petition has been withdrawn, and there is no option to appeal. This does not preclude the filing of a new petition, should you choose to file one.

I hope this helps!

K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;  Interview Waiver Letter:  01/02/2015;  

RFE:  07/09/2015;  Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

NOA1:  05/24/2017;  Biometrics:  06/13/2017;  Approved without interview:  09/05/2018;  10 Yr Green card Received:  09/13/2018

 

Naturalization

08/09/2020 -- Filed N-400 online

08/09/2020 -- NOA1 date

08/11/2020 -- NOA1 received in the mail

12/30/2020 -- Received notice online that an interview was scheduled

02/11/2021 -- Interview

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  • 2 years later...
Filed: Timeline

I recommend also to withdraw your already approved I-129f. This is advice given to me from an immigration officer when I had to withdraw my previous I-864. This is the sample of the letter I wrote:

United States Department of Homeland Security

U.S. Citizenship and Immigration Services

National Benefits Center

P.O. Box 648003

Lee's Summit, MO 64002

(Current Date)

Nature of the submission: Withdrawal of Support for pending I-485 application

RE: MSCXXXXXXXXX

To Whom It May Concern:

I am requesting the official withdrawal of my original approved I-129f Petition for Alien Fiancee, as well as my Affidavit of Support form I-864. The receipt number for the pending I-485 case is MSCXXXXXXXX. The reason for this withdrawal is divorce.

The applicant's name (for the I-485 case): (NAME)

Date of Birth: (DOB)

Original Petitioner's name (for the I-129f) (NAME)

Date of Birth: (DOB)

Included are copies of:

  • Approval notice of I-129f petition

  • Receipt notice for I-485 application

  • ASC appointment notice for biometrics

I respectfully request a confirmation that my support has been withdrawn.

Thank you.

They sent me a letter about a month later confirming the withdrawal of both my I-129f AND the I-864. The last part of the letter from USCIS said:

USCIS has accepted your withdrawal. The Petition has been withdrawn, and there is no option to appeal. This does not preclude the filing of a new petition, should you choose to file one.

I hope this helps!

Hi, I realize this is an older post. Hopefully still can get an answer. When is the LATEST a petitioner can withdraw and 864 without bearing the consequences of supporting the beneficiary?

For example, would one NOT be able to successfully withdraw an 864 once conditions of Green card are lifted? Would it be too late at that point/a worthless attempt?

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Filed: Country: Vietnam (no flag)
Timeline

Hi, I realize this is an older post. Hopefully still can get an answer. When is the LATEST a petitioner can withdraw and 864 without bearing the consequences of supporting the beneficiary?

For example, would one NOT be able to successfully withdraw an 864 once conditions of Green card are lifted? Would it be too late at that point/a worthless attempt?

Once permanent residency is granted, the I-864 can not be withdrawn.

Lifting conditions would be about too late to withdraw the I-864 since the person would already have a green card.

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Hi, I realize this is an older post. Hopefully still can get an answer. When is the LATEST a petitioner can withdraw and 864 without bearing the consequences of supporting the beneficiary?

For example, would one NOT be able to successfully withdraw an 864 once conditions of Green card are lifted? Would it be too late at that point/a worthless attempt?

The latest a petitioner can withdraw the I-864, is before the approval of AOS and permanent residency. Once the green card is issued, it's too late.

From your example, if you are in the point where you are removing conditions, you are already too late. The I-864 can only be withdrawn BEFORE the initial green card is issued.

K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;  Interview Waiver Letter:  01/02/2015;  

RFE:  07/09/2015;  Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

NOA1:  05/24/2017;  Biometrics:  06/13/2017;  Approved without interview:  09/05/2018;  10 Yr Green card Received:  09/13/2018

 

Naturalization

08/09/2020 -- Filed N-400 online

08/09/2020 -- NOA1 date

08/11/2020 -- NOA1 received in the mail

12/30/2020 -- Received notice online that an interview was scheduled

02/11/2021 -- Interview

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Filed: Citizen (apr) Country: Ecuador
Timeline

Old thread is now closed to further comment. Anyone is welcome to start a fresh thread,

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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