I864 withdrawl from spouse. Substitute allowed?

[Lee&Ana 88]

I agree. Sounds to me the OP is waaaay more concerned about working and living in the US then she is for her husband. If my husband was feeling down and depressed, all my focus would be on him, not my potential green card.

OP, like Alaska2012 said: you came to the US to marry your husband, if your marriage fails before you get your green card or there's no affidavit of support then your option is to go home.

This

[Mollie09 1,543]

One question no one has asked yet: who would the substitute be?

[Unidentified 2,930]

One question no one has asked yet: who would the substitute be?

Apparently a USC family member of the OP according to the first post.

[RobertM54 36]

One question no one has asked yet: who would the substitute be?

" I have a US Citizen Family member who would take on the I864 responsibility in his stead"

Does it matter?

[Unidentified 2,930]

" I have a US Citizen Family member who would take on the I864 responsibility in his stead"

Does it matter?

No it will not. If they have financial problems I guess maybe they could add a co-sponsor (though I am not sure how it works after already sending in AOS and if there's really a point). But if the husband withdraws the 864 then no. It doesn't work like that.

[Mollie09 1,543]

I asked because I was wondering if it was someone else who could petition.

[Ryan H 3,819]

~~~Closed for review~~~

***Thread back open, one post removed for violating the below quoted provision of the TOS along with post quoting. This will be the last warning, anymore TOS violations in this thread will result in Administrative Action for the poster.***

By way of example, and not as a limitation, you agree that when using the Service, you will not:

• Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

Edited January 26, 2016 by Ryan H

[caliliving 606]

Honestly, adjusting should be the least of your worries. you need to help your husband!!!!

and no, he pulled the affadavit so you can not find another sponsor. you need to

1-help your husband and the concern should be there

2-if you cant use him as affadavit, you will have to leave.

[Hypnos 6,578]

It's important to note here that as of October 2012 it is USCIS' position that an I-864, once filed by an I-129F petitioner in support of an alien's I-485, cannot be withdrawn.

http://www.uscis.gov/sites/default/files/USCIS/Outreach/Notes%20from%20Previous%20Engagements/2012/October%202012/AILA-Liaison-Committee-meetingQA.pdf:

"...USCIS believes that, if the I-129F petitioner has submitted a Form I-864, he or she cannot validly withdraw it after the date of the K nonimmigrant admission."

Edited January 26, 2016 by Hypnos

[Unidentified 2,930]

It's important to note here that as of October 2012 it is USCIS' position that an I-864, once filed by an I-129F petitioner in support of an alien's I-485, cannot be withdrawn.

http://www.uscis.gov/sites/default/files/USCIS/Outreach/Notes%20from%20Previous%20Engagements/2012/October%202012/AILA-Liaison-Committee-meetingQA.pdf:

"...USCIS believes that, if the I-129F petitioner has submitted a Form I-864, he or she cannot validly withdraw it after the date of the K nonimmigrant admission."

Your info pertains cases where the couple is divorced.

Here is what it says in the Adjudicators Field Manual at USCIS.gov. This is if the person has filed for AOS but USCIS has not made a final decision on the application, like in the OP's case.

"(h) Withdrawal of an affidavit of support or Form I-864A .

A person who has signed a Form I-864, I-864EZ or I-864A may withdraw the Form. If the person does so, USCIS will adjudicate the application for adjustment of status as if the withdrawn Form I-864, I-864A or I-864EZ had never been filed. In an adjustment of status case, a withdrawal of the Form I-864, I-864EZ or I-864A is not effective unless it is in writing and USCIS actually receives the withdrawal before the final decision on the adjustment application. In an immigrant visa case, once a consular officer has issued an immigrant visa, no Form I-864, I-864EZ or I-864A may be withdrawn unless the visa petitioner also withdraws the visa petition."

http://www.uscis.gov/sites/default/files/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-2872/0-0-0-3055.html#0-0-0-381

[Hypnos 6,578]

I'm not convinced that it only applies in cases of K-1s/2s and divorce, though in typical USCIS-speak it is far from clear.

[Unidentified 2,930]

I'm not convinced that it only applies in cases of K-1s/2s and divorce, though in typical USCIS-speak it is far from clear.

It clearly mentions divorce in both the answer and the question.

[Hypnos 6,578]

It mentions a lot of other things, too.

[Unidentified 2,930]

It mentions a lot of other things, too.

No not really. Not that has to do with withdrawal of affidavit of support.