divorcement

[onye uwaoma 131]

I-864 is not required for VAWA self-petitions

Hope this answer helps Harpa Timsah.

[Merrytooth 5,748]

Hope this answer helps Harpa Timsah.

[Harpa Timsah 13,258]

Hope this answer helps Harpa Timsah.

I knew that already, but thanks for caring about my knowledge!

[onye uwaoma 131]

I knew that already, but thanks for caring about my knowledge!

We all learn everyday. I have learn something knew today. Thank you also for knowing

[MIDUVIL 34]

We all learn everyday. I have learn something knew today. Thank you also for knowing

[onye uwaoma 131]

[*Snowdrop* 604]

So this topic has descended into the twilight zone and the OP has probably got more confused or been scared off by the bickering.

It does raise some interesting points. Here is a USCIS Q&A on the subject issued after one of the cases mentioned by Sandraj above

http://www.uscis.gov/sites/default/files/USCIS/Outreach/Notes%20from%20Previous%20Engagements/2012/March%202012/AILA_Field_Ops_32112_Cleared.pdf

The point most relevant to the OP is:

Question 1a: What guidance has USCIS issued to field offices for processing K-1 adjustment of status

applications as a result of the BIA decisions in Matter of Le and Matter of Sesay (AILA Doc. Nos.

11062465 & 11032262)?

On March 17, 2011, the BIA issued Matter of Sesay, in which it concluded that there is no requirement

that a K-1 fiancé(e)’s marriage to the I-129F petitioner remain intact in order for the K-1 to adjust status.

Question 1b: Please confirm that an I-864 affidavit of support is not required for a K-1 applicant for

adjustment under Sesay, since a K-1 does not adjust under INA §204.

Response: USCIS does not agree with this contention.

If the alien and the original sponsor are divorced, the K-1 may adjust so long as the original sponsor

already executed a Form I-864 or is willing to do so. Divorce on its own does not end the I-864

obligation. If the original sponsor never executed a Form I-864, and is not willing to do so, the K-1 will

be inadmissible as a public charge.

So based on the above - if the OP turns up to her AOS interview alone, and her ex-spouse has not pulled his I-864 - she should be able to adjust or at least has an good case to fight an appeal on.

But on the other hand - if he has managed to withdraw his I-864 before the adjudication then she will not be able to adjust.

Edited July 25, 2014 by *Lynne*