Withdrawal of Affidavit of Support

[BE2015 0]

Good evening everyone,

My husband came to the US on a K1 visa (10/2015). We married (11/2015) and sent in AOS shortly after getting married. However the adjustment to marriage and living together was quite difficult. I impulsively withdrew the affidavit of support when I contemplated divorce. We never separated or divorced and things are much better now. I am concerned this impulsive move will affect his EAD and GC. I feel very guilty and don't know how to fix this. Prior to me sending the withdrawal he had his biometrics appointment for his EAD (12/21/2015). Will this affect his ability to have his EAD approved? What can I do to fix this? Any advice would be greatly appreciated. Thanks in advance!

[Pinkrlion 2,724]

If you pulled his affidavit of support, you will have to apply all over again.

[Avery Cates 1,141]

No AoS, no AoS.

[Penguin_ie 5,994]

How long ago was this?

If it was a short time ago, make an info pass appointment immediately and see if you can undo the withdrawal.

If it has been a while, the AOS is now dead. You will need to apply again with the I-130, fees and everything.

[BE2015 0]

Thank you everyone for your feedback.

Yes it was two months ago.

My other question is do I wait until he gets the denial notice or do I just file a new AOS packet? Also will it be an automatic denial of his EAD? He went for fingerprinting already but has not heard back.

[Penguin_ie 5,994]

Tes, automatic denial, everything is dead.

You can file now; include a cover letter with the previous case number and explain what happened. Be sure to have a LOT of bonafide evidence (living together, co-mingling of finances etc), because they will want to make sure you weren't co-erced into filing after all.

Remember you will need to file the I-130 and accompanying documents too, NOT just the same papers you did before, so follow this guide: http://www.visajourney.com/content/i130guide2

[newacct 688]

Tes, automatic denial, everything is dead.

You can file now; include a cover letter with the previous case number and explain what happened. Be sure to have a LOT of bonafide evidence (living together, co-mingling of finances etc), because they will want to make sure you weren't co-erced into filing after all.

Remember you will need to file the I-130 and accompanying documents too, NOT just the same papers you did before, so follow this guide: http://www.visajourney.com/content/i130guide2

Why do they need to do I-130? They did enter on K-1 and marry within the 90 days, so should qualify to adjust status based on the fiance petition as before.

[Penguin_ie 5,994]

Why do they need to do I-130? They did enter on K-1 and marry within the 90 days, so should qualify to adjust status based on the fiance petition as before.

Because the K1 Adjustment of Status died when the I-864 was pulled, plus it is now past the 90 days to file.

[newacct 688]

Because the K1 Adjustment of Status died when the I-864 was pulled, plus it is now past the 90 days to file.

There is no restriction on when AOS can be filed. That Adjustment of Status died; it doesn't prevent another Adjustment of Status from being filed.

[Penguin_ie 5,994]

There is no restriction on when AOS can be filed. That Adjustment of Status died; it doesn't prevent another Adjustment of Status from being filed.

Indeed, they can file Adjustment of Status anytime, even after a very long overstay. However, my understanding is that if it is late, they need to file the I-130 and associated docs too. I may be wrong though, I came on an IR-1.

[newacct 688]

Indeed, they can file Adjustment of Status anytime, even after a very long overstay. However, my understanding is that if it is late, they need to file the I-130 and associated docs too. I may be wrong though, I came on an IR-1.

As long as they married within the 90 days, they can file AOS based on the fiance petition. Only if they married after the 90 days would they have to file AOS based on a I-130 relative petition.

[Penguin_ie 5,994]

As long as they married within the 90 days, they can file AOS based on the fiance petition. Only if they married after the 90 days would they have to file AOS based on a I-130 relative petition.

Then I stand corrected!

[phd1974 17]

Correct. I waited past 90 days before I filed AOS and was still able to get EAD and Advance Parole. I married in Sept .... and Applied for AOS in March, my wife got her EAD and AP in June.

[BE2015 0]

Thanks for the feedback everyone!!!

[Darnell 8,478]

Indeed, they can file Adjustment of Status anytime, even after a very long overstay. However, my understanding is that if it is late, they need to file the I-130 and associated docs too. I may be wrong though, I came on an IR-1.

if it's over 2 years past the I-94 expiration date, then yes, include the I-130.