What a mess, withdrawn Affidavit of Support--bad move

[Notsobright 0]

I'm new here. People tell me this is where I'll find answers.

My fiancee from the Philippines came to the US on a K-1, everything was smooth. We married.

Some weeks later I came to believe that she had cheated on me and withdrew my affidavit of support. She moved out to live with a friend.

Now I find that I had acted on poor information and have come to believe that there was no infidelity.

She has gotten the form that allows her to work, the green card AOS is in process.

Since I withdrew my aff of support at some point she will be denied and lose the ability to work and I guess must leave the USA.

i now feel terrible because I jumped to conclusion on poor judgement. Worse I filed divorce but that has not been adjudicated. So I can stop that.

I suspect, but am not sure that when she goes to the interview, if she does, she'll be denied AOS and I'm not sure what happens then--leave the country in 30 days? Get handcuffed?

Since my withdrawal of support has not yet been acted upon can I re-instate my Affidavit?

At his point I'd also not pursue divorce. But with the Aff of Support withdrawn the K-1 is dead.

But it seems that we'll be married, with no Affidavit of Support, so she'll be denied AOS and her ability to work here will be revoked.

I feel badly now because my judgment was clouded. I acted on insufficient data and in retrospect, impetuously and incorrectly.

Can my withdrawn affidavit of support be reinstated?

If not, as we are married, can we then move to CR1 or will she be ordered to leave, or worse deported?

This is my fault, not hers and I now feel terrible so suggestions of options would be appreciated.

[Harpa Timsah 13,258]

You can refile AOS if you want to reconcile and live together as a married couple. You'll have to pay again.

You could try to reinstate it but I highly doubt it will work.

[Darnell 8,479]

if there is an interview date set,

both of you attend the interview

and you hand over a new I-864.

otherwise, start over with a new AOS filing.

[Kathryn41 3,205]

Once your request to rescind the Affidavit of Support is received, your wife's AOS application is basically dead in the water. Only if you currently have an interview scheduled would you have the opportunity to present a new Affidavit of Support. Since it doesn't sound like you have received an interview date, your best option is to prepare the new AOS petition package.

Your wife's status is still repairable. She arrived legally on a K-1 visa and the two of you married within the 90 days. You are going back to that situation, so you wife does not need to leave the US - she has legal grounds upon which to adjust status and they aren't going to deport her.

So, if you both wish to continue the marriage, stop the divorce proceedings first. Complete a new AOS package, including the Affidavit of Support, and include a cover letter that explains the 'red flags' you have inadvertently introduced to your situation.

It is almost certain that you will now receive an appointment for an interview, (you would probably have not for the first petition). Both of you will need to go and you will need to prove to the interviewer that you have a valid marriage. From your other thread, it sounds like you are both living in two separate parts of the country right now, so you will need to get back together at the same address. While there are valid reasons for a newly married couple to be living apart - work is one of them - that reason will no longer be valid as the EAD will be cancelled and your wife will not legally be allowed to work when USCIS processes your removal of the Affidavit of Support.

So, don't panic, but you do need to take action. You and your wife need to be together, working on your marriage, and she needs to refile the AOS, along with your new affidavit of support. The sooner you get this done, the sooner you can re-apply and make up for lost ground.