Withdrawal of I-864

[bradybunch718 0]

Hi, long story short,

My wife came here on a K1 Visa. Things went pretty well but we had a big dispute and she left and in anger I withdrew the I-864. She does not have the AOS yet but was in process. I sent letters to various places withdrawing it. Now, I wish I had not done it. We have reconciled over the phone and I'd like to try to make it work again? Is it all over for us? Do the I-864 and the fact that I said we were getting an impending divorce mean she cannot get a Green Card here anymore?

Please let me know ASAP as I'm trying to decide what to do.

[bradybunch718 0]

I was in a panic and so was she. She said some things that scared me and it's a long story I don't really want to get into. It was many weeks after she had left the house and I didn't know where she was and I thought it was over.

If someone could tell me what happens now, would it be possible to save things from a green card point of view or are they are going to see the I-864 withdrawal and not allow the visa process to move forward?

[Tink88_ 9]

Call them first thing tomorrow... Send them a letter too... Maybe Infopass appointment and explain in person... They may start removal procedures and may deport her if you wait any longer... Without a Sponsor the AOS will be suspended and she is considered illegal...

I am sorry but still, what can someone say that is that bad, that you wish them to get considered illegal...

There are many things said in arguements... That at the time you say out of anger...

It is very hard on both in the beginning of adjusting to the new situation...

[Xanax 349]

Is she still in the US or has she gone back to her home country?

If she has gone back to her home country I believe you will have to start the process again and may be under increased scrutiny.

If she is in the US, you can try contacting USCIS and see what the best course of action would be.

[Pitaya 2,577]

~Moved from K1 Process to Effects of Major Family Changes on Immigration Benefits Forum~

~Similar topics are often discussed at this forum~

[bradybunch718 0]

She is still here in the U.S. So the outcome would be uncertain? If the began deportation proceedings we could not explain what happened, show that we are living together and so forth?

[Tink88_ 9]

Yes the outcome is uncertain... Call them first thing tomorrow!

[Tink88_ 9]

http://www.avvo.com/legal-guides/ugc/can-i-withdraw-an-immigration-petition

If the case is not yet finally approved you can send a letter either to the USCIS office where you filed the petition or to the consulate (if you already have an initial approval) stating that you want to withdraw the petition. You should also send a copy of the receipt notice. Do not withdraw the case lightly based on an argument with your spouse, fiance, or other relative. There is no reinstatement and no appeal. So, if you change your mind you have to pay all of the fees again and start the process from the beginning.

[melanieuk 19]

What a mess... Calling them is useless since they probably know as much as you do over the phone. Send a letter explaining what happened, preferably, a notarized affidavit. At what stage was the AOS? There is a strong possibility that you'll need to submit everything all over again. This is not some game, so please think about what you do. You have every right to withdraw the affidavit of support, but think about what you are doing first and how you are affecting your spouse.

[Hypnos 6,578]

A revocation of an I-864 itself cannot be revoked. The AoS will be denied.

If you wish to proceed you would need to re-file, paying all fees again.

Edited January 2, 2015 by Hypnos

[Boiler 46,037]

You may be being set up, not the first by any means.

[Hotter Otter 1,211]

Seems a drastic measure to take because of a fall out, sounds like her leaving for weeks means she didn't give you a chance to talk though but I hope this messy situation can be resolved.

Also hope that you aren't being taken for a ride.

[VOL 425]

You may be being set up, not the first by any means.

Good Point

[Pinkrlion 2,724]

Your making a decision to revoke the I-864 should not be viewed in a judgemental manner. We do not know all of the details of why you made this decision. It is not of our concern that you revoked it.

However, since you are now asking how to correct it. You will now need to wait until you receive the letter of denial, and then re-file.

In my opinion, you need marriage counseling, because regardless of if you had an arguement, she left the home. You need to work on communication, or she realized that she cannot not AOS without you and came running back. Clue: We have reconciled over the phone and I'd like to try to make it work again?

[melanieuk 19]

USCIS will see this overall episode in a judgmental manner: power and control. Wouldn't surprise me if they pull your wife aside during the interview to ask if she's a victim of domestic violence.

Edited January 2, 2015 by melanieuk