I864 withdrawl from spouse. Substitute allowed?

[Pennydrop 0]

Hallo,

Arrived on K1 Visa, married within 90 days, AOS filled out sent off and being processed. No GC as of yet

Problem is that my husband is due to family pressures, (death in the family), and general depression ,quite close to a breakdown and may at any moment.

a)just run away and hide his head in the sand and avoid reality such as responsibilities (me), AOS interviews etc.

b) pull the plug on everything ,like withdraw I864 , file for divorce whatever . It changes from day to day as he is at this point very unstable.

c) pulls himself together and lets me help. I would go to counseling with him! but I doubt he would go.

Question

if he chooses B) I understand that the process of AOS could die although the marriage was in good faith etc. I have a US Citizen Family member who would take on the I864 responsibility in his stead, finances or poverty level being no problem here. Would that then keep the process alive? There was no joint petition as my husband is financially very sound.

What to do????

[Pitaya 2,577]

Welcome to the forum.

The USC petitioner must be the primary sponsor as mentioned in the I-864 instructions: http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf . If the marriage does not work out, and the USC petitioner withdraws or does not file the I-864, as the primary sponsor, you will have to return to your home country.

Good luck on your immigration journey.

~Moved from Fam,-based AOS to Effects of Major Family Changes on Immigration Benefits~

~Similar topics are often discussed at this forum~

Edited January 25, 2016 by Pitaya

[Pennydrop 0]

Welcome to the forum.

The USC petitioner must be the primary sponsor as mentioned in the I-864 instructions: http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf . If the marriage does not work out, and the USC petitioner withdraws or does not file the I-864, as the primary sponsor, you will have to return to your home country.

Good luck on your immigration journey.

~Moved from Fam,-based AOS to Effects of Major Family Changes on Immigration Benefits~

~Similar topics are often discussed at this forum~

The I864 is already filed and the "possible withdrawal " only hypothetical at this point in time! Is there any chance of an additional co -sponsor being added pro-forma before such a situation could arise and perhaps calm my husband down? If I can reduce the pressure perhaps I can save the marriage and the AOS application.

[aleful 1,905]

hi

I don't think you understand that your husband is responsible for you, no matter what so he must be the primary sponsor

he only needs a joint sponsor if his income is not enough, and if you apply and use means tested benefits and the government decided to recover the money they would go against your husband first

[Alaska2012 462]

If he chooses alt. A or B, why would you want to stay?

[Anh map 2,098]

A joint sponsor is in addition to the US citizen spouse/primary sponsor. If the USC spouse pulls their I-864 it's a big problem.

[Sandra G. 5,057]

Yes you still can adjust status,please see the matter of CHOIN v. MUKASEY(9th Circuit of Appeal).

Edited January 25, 2016 by sandranj

[NewBeginnings1 10]

Yes you still can adjust status,please see the matter of CHOIN v. MUKASEY(9th Circuit of Appeal).

I read it at this link : http://www.ilw.com/articles/2008,1014-berd.shtm. Now I question if anyone gets approved for removal of conditions if divorced within the two years. The way this reads, it makes it seem like UCIS will auto deny anyone who isn't still in a bone fide marriage at the time of removing conditions.

[Pennydrop 0]

Thankyou everyone for your thoughts

To Answer

I) (options A or B) I would want to stay in the USA as I have left the life I had and started a new one here. I gave up everything I had to come to the USA

2) The USA government does not want me to be a charge or problem. If I can show them that I am not, namely that I have support if not from my husband then from others then do I not have a case?

3) Choin v. Mukasy case is about divorce, the timescale of the application process , entering legally and marrying within 90 days

but not withdrawal of support if I read it correctly!

perhaps a light though.....

[Unidentified 2,930]

Hallo,

Arrived on K1 Visa, married within 90 days, AOS filled out sent off and being processed. No GC as of yet

Problem is that my husband is due to family pressures, (death in the family), and general depression ,quite close to a breakdown and may at any moment.

a)just run away and hide his head in the sand and avoid reality such as responsibilities (me), AOS interviews etc.

b) pull the plug on everything ,like withdraw I864 , file for divorce whatever . It changes from day to day as he is at this point very unstable.

c) pulls himself together and lets me help. I would go to counseling with him! but I doubt he would go.

Question

if he chooses B) I understand that the process of AOS could die although the marriage was in good faith etc. I have a US Citizen Family member who would take on the I864 responsibility in his stead, finances or poverty level being no problem here. Would that then keep the process alive? There was no joint petition as my husband is financially very sound.

What to do????

Instead of focusing on your Green Card I would focus more on helping your husband. My dad died almost 6 months ago and I have been a huge wreck. Many days the only thing I did was binge watch stuff on Netflix because I couldn't deal with life. My husband was super patient with me and didn't complain that he had to take care of cooking and that kind of stuff.

The withdrawal of AOS, divorce or anything surrounding your immigration status has not happened yet. If I were you I would focus more on giving all the support I could give to my husband.

Don't nag on him, don't force him to do stuff he doesn't want. Just be there for him and let him know you're there for him. Healing from death in the family takes time, there's no timeline: this is how long grieving should take. Just give him space to grieve.

And what do you mean when you mention you as a responsibility? What is his responsibility towards you?

[Pennydrop 0]

Instead of focusing on your Green Card I would focus more on helping your husband. My dad died almost 6 months ago and I have been a huge wreck. Many days the only thing I did was binge watch stuff on Netflix because I couldn't deal with life. My husband was super patient with me and didn't complain that he had to take care of cooking and that kind of stuff.

The withdrawal of AOS, divorce or anything surrounding your immigration status has not happened yet. If I were you I would focus more on giving all the support I could give to my husband.

Don't nag on him, don't force him to do stuff he doesn't want. Just be there for him and let him know you're there for him. Healing from death in the family takes time, there's no timeline: this is how long grieving should take. Just give him space to grieve.

And what do you mean when you mention you as a responsibility? What is his responsibility towards you?

Thankyou for your words. I too lost my father and went through a period of depression and sought professional help. My husband will not do that and although I would like to help the doors are shut.

Responsibility I define as his promises to me in helping and supporting me/Us in our new life together in the USA both morally and financially. I am not yet entitled to work and must rely on him for that. I am doing what I can and his problems , although real and hard are of no fault of mine . I have kept my promises.Secondly his promise or contract(I-864) with the US Gov. I also see as a legal responsibility.

[Unidentified 2,930]

Thankyou for your words. I too lost my father and went through a period of depression and sought professional help. My husband will not do that and although I would like to help the doors are shut.

Responsibility I define as his promises to me in helping and supporting me/Us in our new life together in the USA both morally and financially. I am not yet entitled to work and must rely on him for that. I am doing what I can and his problems , although real and hard are of no fault of mine . I have kept my promises.Secondly his promise or contract(I-864) with the US Gov. I also see as a legal responsibility.

Not everyone wants/needs professional help. Some people just need time.

So you're saying he's not going to work? You don't think he'll attend the interview once you get to that stage?

[Pennydrop 0]

Not everyone wants/needs professional help. Some people just need time.

So you're saying he's not going to work? You don't think he'll attend the interview once you get to that stage?

I do agree that time is the great healer and a precious commodity , I needed time as we all do . The problem is although exactly that time is not on my side. If my husband just takes off or does something irreversible at this point in time my case will be thrown out or denied. Whether that is going for an interview ( which may or may be necessary for K1's) or withdrawal of the I-864 the end result is not good for me.

My original post was to ask if I could offer the US Gov. a substitute form of insurance, namely someone prepared to shoulder the financial responsibility in form of an additional I-864. This would I am hoping but at least time.

[Pennydrop 0]

I do agree that time is the great healer and a precious commodity , I needed time as we all do . The problem is although exactly that time is not on my side. If my husband just takes off or does something irreversible at this point in time my case will be thrown out or denied. Whether that is going for an interview ( which may or may be necessary for K1's) or withdrawal of the I-864 the end result is not good for me.

My original post was to ask if I could offer the US Gov. a substitute form of insurance, namely someone prepared to shoulder the financial responsibility in form of an additional I-864. This would I am hoping but at least time.

Buy time !!!

[Unidentified 2,930]

I do agree that time is the great healer and a precious commodity , I needed time as we all do . The problem is although exactly that time is not on my side. If my husband just takes off or does something irreversible at this point in time my case will be thrown out or denied. Whether that is going for an interview ( which may or may be necessary for K1's) or withdrawal of the I-864 the end result is not good for me.

My original post was to ask if I could offer the US Gov. a substitute form of insurance, namely someone prepared to shoulder the financial responsibility in form of an additional I-864. This would I am hoping but at least time.

I do not know when you filed because you haven't updated your timeline. But I still think you are worrying about something that might not even happen. Focus more on supporting your husband than worrying about something that may or may not happen.

Did you file for a work permit when you applied for your Green Card?