Pending AOS for K-1

[Mikepnoy 1]

I recently filed an AOS for my spouse as K-1. After we got married and filed for his AOS, our marriage became rocky. I have discovered a lot of lies and hidden agendas about the whole process of him coming here to the US. He left me and flew to his relatives at a different state in which I had no knowledge that they have relatives here in the US and he thinks after I have filed his AOS it's a done deal. He doesn't have anything yet like employment of authorization card nor a greencard since I just recently filed his AOS. What options do I have since my spouse obviously used me so he can come here in the US legally. And what should to protect myself? Thanks.

[baron555 934]

Send a notarized letter to the same Chicago address that you sent the AOS documents to informing that you are withdrawing the AOS and 864 financial support.

Your other longer term problem is getting a divorce, if that is what you want to do.

[Mikepnoy 1]

Even if we have received the notification receipts already for our interview being scheduled?

[notusinganymore 31]

Withdraw your I864 (affidavit of support) and I485 (adjustment of status) by sending in a letter to your USCIS Service center. Include the beneficiary's name and A# as that would facilitate looking for your application. If you've received NOA1 then include the WAC code. Hoping you have good results out of this.

[notusinganymore 31]

Even if we have received the notification receipts already for our interview being scheduled?

Even if you have those. If you (petitioner) does not appear in the interview then the application will be denied. It will appear as if you have abandoned the case and he will not be able to adjust without you especially he appears to be at fault by entering the marriage under false pretenses.

[Mikepnoy 1]

What happens once I withdrew my I-864 and his AOS? Will he get deported? Can his relatives here in the US help him to be legal or to make him stay? Thanks guys.

[LionessDeon 2,060]

Even if we have received the notification receipts already for our interview being scheduled?

Yes! Withdraw ASAP. They may not go looking for him to deport him, but you won't be responsible for him or his actions. No he can only adjust status through you. His relatives cannot help him. I would cut all ties with him and have no contact. When he realizes this he may try to woo you back. Don't fall for it. Do not meet with or talk to him. Please.

I wish you the best. Please look out for yourself.

Edited December 29, 2015 by LionessDeon

[Zedayn 485]

I recently filed an AOS for my spouse as K-1. After we got married and filed for his AOS, our marriage became rocky. I have discovered a lot of lies and hidden agendas about the whole process of him coming here to the US. He left me and flew to his relatives at a different state in which I had no knowledge that they have relatives here in the US and he thinks after I have filed his AOS it's a done deal. He doesn't have anything yet like employment of authorization card nor a greencard since I just recently filed his AOS. What options do I have since my spouse obviously used me so he can come here in the US legally. And what should to protect myself? Thanks.

You need to formally withdraw the I-864. This is the only thing you can do.

I would suggest making an infopass appointment at your local USCIS office, and explain to them that you are withdrawing your I-864. Write a formal withdrawal letter, and hand it to them. In addition, send a copy of this withdrawal letter to the National Benefits Center where your husband's AOS case is likely to be pending. It will take a few weeks for a response, but if you don't receive a response then send the letter again.

I had to do this a few years ago, and this is a copy of the letter that I sent (original posting http://www.visajourney.com/forums/topic/474740-how-exactly-to-withdraw-an-i-864/?p=6748353 ):

United States Department of Homeland Security

U.S. Citizenship and Immigration Services

National Benefits Center

P.O. Box 648003

Lee's Summit, MO 64002

(Current Date)

Nature of the submission: Withdrawal of Support for pending I-485 application

RE: MSCXXXXXXXXX

To Whom It May Concern:

I am requesting the official withdrawal of my original approved I-129f Petition for Alien Fiancee, as well as my Affidavit of Support form I-864. The receipt number for the pending I-485 case is MSCXXXXXXXX. The reason for this withdrawal is divorce.

The applicant's name (for the I-485 case): (NAME)

Date of Birth: (DOB)

Original Petitioner's name (for the I-129f) (NAME)

Date of Birth: (DOB)

Included are copies of:

• Approval notice of I-129f petition

• Receipt notice for I-485 application

• ASC appointment notice for biometrics

I respectfully request a confirmation that my support has been withdrawn.

Thank you.

Please note that withdrawing the I-129F was also advised by an immigration officer at my local USCIS office, which I withdrew in addition to the I-864.

They sent me a letter about a month later confirming the withdrawal of both my I-129F AND the I-864. The last part of the letter from USCIS said:

USCIS has accepted your withdrawal. The Petition has been withdrawn, and there is no option to appeal. This does not preclude the filing of a new petition, should you choose to file one.

Hope this helps and good luck!

[Zedayn 485]

Send a notarized letter to the same Chicago address that you sent the AOS documents to informing that you are withdrawing the AOS and 864 financial support.

Your other longer term problem is getting a divorce, if that is what you want to do.

Withdraw your I864 (affidavit of support) and I485 (adjustment of status) by sending in a letter to your USCIS Service center. Include the beneficiary's name and A# as that would facilitate looking for your application. If you've received NOA1 then include the WAC code. Hoping you have good results out of this.

You cannot withdraw the AOS. The only thing the original petitioner of the I-129F can withdraw is the I-864. They can also withdraw their I-129F, since it is their application. They cannot, however, withdraw any portion of the AOS application except for their I-864.

Edited December 29, 2015 by Zedayn

[Zedayn 485]

Even if we have received the notification receipts already for our interview being scheduled?

Since you have the interview notice, it sounds like the AOS file is at the local office. Make an info pass appointment, take your withdrawal letter and have them put it in his AOS file. You can withdraw your I-864 at ANYTIME before the AOS is approved. I would strongly recommend getting an infopass appointment before the scheduled interview date.

[Mikepnoy 1]

What's going to happen to him after I withdrew my I-864? Can his relatives help him to make him stay?

[LionessDeon 2,060]

What's going to happen to him after I withdrew my I-864? Can his relatives help him to make him stay?

Are you worried about him? Personally, I wouldn't really care what happens to him. NO ONE can help him adjust his status or help him stay legally but you. His relatives may choose to harbor him illegally, but they cannot get a greencard for him.

[Hank_ 9,174]

Even if we have received the notification receipts already for our interview being scheduled?

Yes even if you received notice of the interview - send USCIS the withdrawal letter (signature receipt) You are both required to attend the interview, bring a 2nd letter withdrawing your i-864, PLUS verbally inform the agent during the interview.

I also agree that getting an infopass at your local USCIS office is a good idea.

Edited December 29, 2015 by Hank_

[baron555 934]

What's going to happen to him after I withdrew my I-864? Can his relatives help him to make him stay?

Sure, he'll be here illegally and unless USCIS has a compelling reason to deport him, he'll just join the 11 million other illegals living here.

[TBoneTX 44,658]

*** Thread moved from K-1 Process forum to the Effects of Major Changes forum -- OP is past the K-1 phase. ***