Filed Adjustment of Status from a K1 need to pull I-864. USCIS says no

[dwheels76 5,468]

Helping someone with trying to get USCIS to pull their head out their butt. They have filed AOS still waiting for EAD. so its about 60 days in. She tried to go to USCIS office (No INFOPASS APPT) they said it could not be done that the Beneficiary is the only one that can withdraw things.

Instructing her to go back to INFOPASS (she made appt but that's weeks away) and demand to speak to a supervisor. And state clearly that you want to withdraw the I-864.

They had made her read the rules and told her once filed you can not withdraw. She would have to file fraud charges and go through the courts. Like what idiot did she get at USCIS.

Anyone else have some advice or guidance. She needs to move fast to stop this run away train.

Thank you

[lunaboriken 2]

1. Relax.

2. Wait until the AOS interview.

3. Speak up at that time.

What is the person really doing to her???

[Zedayn 485]

That is simply not true.

Write a formal withdrawal letter of the I-864 Affidavit of Support, and send it directly to the National Benefits Center where the AOS file is likely at.

I had to do something similar with my last K-1. I had a tier 2 officer tell me that no way could I withdraw my I-864. I have successfully withdrawn my I-864 and even received written confirmation from USCIS.

[Hypnos 6,577]

8 CFR 213a.2(f)(2):

In an adjustment of status case, once the sponsor, substitute sponsor, joint sponsor, household member, or intending immigrant has presented a signed affidavit of support and any required attachments to an immigration officer or immigration judge, the sponsor, substitute sponsor, joint sponsor, or household member may disavow his or her agreement to act as sponsor, substitute sponsor, joint sponsor, or household member only if he or she does so in writing and submits the document to the immigration officer or immigration judge before the decision on the adjustment application.

You can withdraw your I-864 at any point before the underlying I-485 is approved.

Edited March 26, 2015 by Hypnos

[dwheels76 5,468]

1. Relax.

2. Wait until the AOS interview.

3. Speak up at that time.

What is the person really doing to her???

Not everyone is called in for a AOS interview. That's a big change very few get selected they approve without interview.

[dwheels76 5,468]

That is simply not true.

Write a formal withdrawal letter of the I-864 Affidavit of Support, and send it directly to the National Benefits Center where the AOS file is likely at.

I had to do something similar with my last K-1. I had a tier 2 officer tell me that no way could I withdraw my I-864. I have successfully withdrawn my I-864 and even received written confirmation from USCIS.

Thank you so much. Looking up the address now to pass on to her.

[dwheels76 5,468]

8 CFR 213a.2(f)(2):

In an adjustment of status case, once the sponsor, substitute sponsor, joint sponsor, household member, or intending immigrant has presented a signed affidavit of support and any required attachments to an immigration officer or immigration judge, the sponsor, substitute sponsor, joint sponsor, or household member may disavow his or her agreement to act as sponsor, substitute sponsor, joint sponsor, or household member only if he or she does so in writing and submits the document to the immigration officer or immigration judge before the decision on the adjustment application.

You can withdraw your I-864 at any point before the underlying I-485 is approved.

Thank you for this. knew it was somewhere I told her to print this and take it with her or attach to her letter when she sends in. Thank you bless you.

[dwheels76 5,468]

Looking high and low can't find the address anyone know it. National Benefits Center which is really Missouri Service Center.Thanks

[Hypnos 6,577]

http://www.uscis.gov/forms/forms-and-fees/tips-filing-petitions-and-applications-national-benefits-center

USCIS-NBC
PO Box 648005
Lee’s Summit, MO 64002

[Darnell 8,478]

Not everyone is called in for a AOS interview. That's a big change very few get selected they approve without interview.

Uncle Darnell has written a lot about this, over the last three or four years, here at vj. try the advanced search tool, from a pc.

here's the link:

http://www.visajourney.com/forums/index.php?app=core&module=search

1. Relax.

2. Wait until the AOS interview.

3. Speak up at that time.

disagree.