No response from USCIS about my withdrawing my Aff of Support?

[yailukmuu 26]

Another infopass and

mail the letters again,

to the address listed in each receipt notice that you've gotten after filing the AOS set. First Class Certified Mail with signature, IMO, is perfectly fine.

Thanks Darnell, do you think it's worth calling the 800#?

If so, would someone please enlighten me as to the number?

This seems the most conservative way to do it... even if it takes half a day... best to be safe then sorry.

[Merrytooth 5,748]

OP withdrew his I-864 Affidavit of Support, not his wife AOS (Adjustment of Status I-485).

CNTrav you are very confused

[Lainie B 465]

1. You married your K1 fiance December 3, 2013

2. You received notification from the USCIS that they received your AOS petition on the 7th (I assume that's January 7, 2014)

3. After receiving notice from the USCIS your wife moved out a few hours later.

4. Jan 15, 2014 you contacted the USCIS in writing requesting to withdraw the affidavit of support.

5. Jan 27, 2014 you attended an infopass and handed them a copy of the letter to withdraw the affidavit of support.

But, aren't you still married? I'm not sure whether the USCIS will permit you to withdraw a petition while you're still married. Anyone know if that's even permitted?

Yes, they do allow it. It's possible to withdraw the I-864 before the green card is approved. Once the green card is approved, it's too late.

[Caryh 5,206]

Yes Eric, I do though she is not illegal, remember she can stay 180 days beyond her Visa allowance and incur no penalty.

Also, I have learned that it is very wise to think about revenge. I've always liked the Chinese proverb: "Before seeking revenge, first dig two graves."

In my small state of NH, there are over 10,000 illegal aliens working this week. As CN-Trav has said, there's no law preventing her from moving out, if only because fraud in this case is not provable. But I'm aware of my options.

With the acceptance of the AOS petition, she is in an authorized period of stay. The unauthorized period of stay will not begin until they deny her AOS.

[Caryh 5,206]

OP withdrew his I-864 Affidavit of Support, not his wife AOS (Adjustment of Status I-485).

CNTrav you are very confused

[yailukmuu 26]

With the acceptance of the AOS petition, she is in an authorized period of stay. The unauthorized period of stay will not begin until they deny her AOS.

Good to know Caryh, thank you. I did not know that, and I'm not sure she does either.

Now if she has not changed her address with USCIS, should I forward such a denial to her, should one come here?

I try to reign in any feelings of hostility, though it is difficult, especially as she resists coordinating divorce thus costing me so far about $2700 and refuses to even communicate. I wouldn't want to open mail addressed to her and could either forward it or mark it as undeliverable and return it.

[Merrytooth 5,748]

Here is one successful case of withdrew I-864, I-485 got denied.

http://www.visajourney.com/forums/topic/426305-i-864-withdrawal-and-separating-from-wife/?p=6383987

[Caryh 5,206]

Well, just for the sake of shiites and grins, can you post a case here where a K1 petitioner successfully withdrew the affidavit of support while they were still married. The USCIS has yet to respond to his request so he may receive a notice to inform him that he needs to divorce her first.

There is an entire forum right here full of such examples. Maybe you should be doing a little research into your opinions which you keep wanting to present as facts, before presenting them as such.

http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/affsuppafm062706.pdf

(h) Withdrawal of an affidavit of support or Form I-864A. A person who has signed a

Form I-864, I-864EZ or I-864A may withdraw the Form. If the person does so, USCIS

will adjudicate the application for adjustment of status as if the withdrawn Form I-864, I-

864A or I-864EZ had never been filed. In an adjustment of status case, a withdrawal of

the Form I-864, I-864EZ or I-864A is not effective unless it is in writing and USCIS

actually receives the withdrawal before the final decision on the adjustment application.

In an immigrant visa case, once a consular officer has issued an immigrant visa, no

Form I-864, I-864EZ or I-864A may be withdrawn unless the visa petitioner also

withdraws the visa petition.

[yailukmuu 26]

1. You married your K1 fiance December 3, 2013

2. You received notification from the USCIS that they received your AOS petition on the 7th (I assume that's January 7, 2014)

3. After receiving notice from the USCIS your wife moved out a few hours later.

4. Jan 15, 2014 you contacted the USCIS in writing requesting to withdraw the affidavit of support.

5. Jan 27, 2014 you attended an infopass and handed them a copy of the letter to withdraw the affidavit of support.

But, aren't you still married? I'm not sure whether the USCIS will permit you to withdraw a petition while you're still married. Anyone know if that's even permitted?

CNTrav, for what it's worth, the USCIS official at the Infopass meeting was rather blase about it.. He said: "the Affidavit of Support will be pulled and that will end the Green Card."

[doug/sherry 26]

Short story: Fiancee arrived November 15th on K-1. We married December 3rd. Received notice of acceptance by USCIS of Adjustment of Status on the 7th. On Jan 8th, about 15 hours after notice from USCIS my spouse simply left and moved to Arizona to be with her sister (illegal). Yup, gone, no reason, no tears, just a polite "thank you" at the airport. End of story. And yes, life was great right up until a few hours after notice of receipt by USCIS was received. And yes I had visited Cebu twice, spend about 6 weeks with her and her family. Don't think for a second that this was anything but extremely well planned and clever, and no, I believe that other than the illegal sister here in the US--they haven't a clue, just as I did not have one.

Ok--I got screwed, 'nuff of that. It was done so cleverly (apparently coached) I believe that you would have been also, even in hindsight there were no really noticeable red flags. So please let that be. Divorce in progress.

Question:

On January 15th I sent USCIS, by traceable mail a letter asking to withdraw my Affidavit of Support.

On January 27th I did an Infopass meeting locally, and handed the same withdrawal of Affidavit of Support. The USCIS agent said it was routine, and that I'd get confirmation within three weeks.

Three weeks passed yesterday.

Who/Where/How to follow up? Phone number? Or should I make a new follow-up Infopass meeting? It's an hour and a half drive but naturally, I'm willing to do it.

Also what's the time frame for completion of Adjustment of Status considering receipt by USCIS on the 7th.

What a frightening thought that somehow she might actually get a Green Card under such circumstances.

Thanks.

In 2006 I married a filipino on June 26, On august 5th we were riding in a car and we pulled up to an

intersection and she started screaming help help help.... started hitting me in the face. Took the car

keys and threw them in the street. I got out retrievied the keys, and moved the vehicle to a parking

lot of a nearby Mcdonalds. She threw her wedding ring at me and said she wanted a divorce. I was

in shock because I had no idea what was going on or what took place. She grabbed the keys and

headed to the Mcdonalds and hid out in the bathoom. I had no choice but to call the Police. When

the Police came I told them my side of the story. They went inside and talked to her for 45 mins and

the policeman came out and said she wants a divorce. hahah.. Two days earlier I had sent in the AOS

paperwork. I called the bank and found that the checks werent cashed yet so I put a stop on the

checks. Thats the only thing that saved my ###.... I waited for a month and had no contact with her

except an attorney that called me and said that the attorney wanted to stop by my house and get

her things. I then filed for a divorce, she got nothing but I did have to pay for some medical bills and

some alimony because she was on public assistance. I had no idea where she was and couldnt

serve her the divorce papers. after about 8 months I had received a phone call from one of her

friends telling me where she was, I then had the process server serve her the divorce papers. The

next day I was served with a protection order by her claiming that I threatened her. The judge

denied the order calling it baloney.. The only thing I can inform you about is file the divorce NOW!

Don't wait... the longer you wait the long the court will define it as a bonified marriage. Good Luck..

[Caryh 5,206]

Good to know Caryh, thank you. I did not know that, and I'm not sure she does either.

Now if she has not changed her address with USCIS, should I forward such a denial to her, should one come here?

I try to reign in any feelings of hostility, though it is difficult, especially as she resists coordinating divorce thus costing me so far about $2700 and refuses to even communicate. I wouldn't want to open mail addressed to her and could either forward it or mark it as undeliverable and return it.

If you receive such a letter, and I kind of doubt you will, do not open it, just return it to USCIS with the note the addressee has moved to such and such an address, if you know that address. I kind of doubt she'd make such a big mistake of not updating her address, unless her plan was to stay illegally, as the green card she was hoping for would go to the current address in the system.

[doug/sherry 26]

Also, I would sue her for damages.....I would make her life misserable if it was me..

[doug/sherry 26]

If you receive such a letter, and I kind of doubt you will, do not open it, just return it to USCIS with the note the addressee has moved to such and such an address, if you know that address. I kind of doubt she'd make such a big mistake of not updating her address, unless her plan was to stay illegally, as the green card she was hoping for would go to the current address in the system.

I wouldn't write anything on it I would just let them pile up on the table. You never know she might

receive something in there that could be useful in a divorce.... and theres nothing ilegal about it.. I

wouldnt tell her about the letters either...

[yailukmuu 26]

Ok all you amateur sleuths out there...

The day after we were married Juliet filed an I-131 (Advace Parole)

checking off "x More than one trip"

And naming "family gatherings" and "emergency purposes".

Gosh, looking back I just thought, wow, how impressively organized my wife is.

Now, as this looks more and more like a planned operation from the beginning, what might the purpose of the I-131 be?

I hypothesize that sis earns about $42,000 under-the table and ferrets the money out of the US to Cebu to buy properties and wonder...

Maybe it was just routine, but it's odd...there would be no family gatherings foreseeable.

Feel free to step up to the plate Sherlock Holmes and you Dr. Watson's....

[doug/sherry 26]

You have to remember here people that the I-485 application is the beneficiary, and the I-864

is a supplement not signed by the beneficiary but a supplement requirement for the AOS. The

I-864 belongs to the person that signed it, not the beneficiary.