Effect of withdrawing affidavit of support for AOS on beneficiary's future travel to U.S.?

[H & S 0]

This is my first time posting in the forums but I have followed much of the advice here during the K1 visa process and VJ has been such a great help. I am the USC, got married with my K1 fiance and filed for AOS about six months ago. He has already received the combo EAD/AP card but we got the interview waiver letter and currently awaiting for AOS to be approved. Unfortunately, the marriage did not work out and we have filed for divorce. However, we are still on good terms as it ended amicably. He did not want to stay in the U.S. and has now returned to his home country. I am thinking about withdrawing my affidavit of support for AOS so that it will not be approved and stop the conditional green card from being issued. However, I'm wondering how this will impact his future ability to travel to the U.S. on another visa or on the ESTA visa waiver program as a visitor? I don't want to cause any problems for him in the future if he wanted to visit the U.S. as a tourist or had to come here for some other reason like work. Also, am I affected by doing this in any way? I could just imagine it probably looks bad but we entered into the marriage in good faith and had rented an apartment together with both of our names on the lease and I had also put him on my health insurance. We didn't get a chance to set up a joint banking account though before it ended. Any advice would be appreciated!

[Hypnos 6,578]

If he's already departed the US without AP then his AoS has been automatically abandoned and your I-864 is no longer in effect.

[H & S 0]

Thanks for your response but he does have AP.

[Teddy B 17,252]

This is my first time posting in the forums but I have followed much of the advice here during the K1 visa process and VJ has been such a great help. I am the USC, got married with my K1 fiance and filed for AOS about six months ago. He has already received the combo EAD/AP card but we got the interview waiver letter and currently awaiting for AOS to be approved. Unfortunately, the marriage did not work out and we have filed for divorce. However, we are still on good terms as it ended amicably. He did not want to stay in the U.S. and has now returned to his home country. I am thinking about withdrawing my affidavit of support for AOS so that it will not be approved and stop the conditional green card from being issued. However, I'm wondering how this will impact his future ability to travel to the U.S. on another visa or on the ESTA visa waiver program as a visitor? I don't want to cause any problems for him in the future if he wanted to visit the U.S. as a tourist or had to come here for some other reason like work. Also, am I affected by doing this in any way? I could just imagine it probably looks bad but we entered into the marriage in good faith and had rented an apartment together with both of our names on the lease and I had also put him on my health insurance. We didn't get a chance to set up a joint banking account though before it ended. Any advice would be appreciated!

Just the fact the AOS was applied for will show that at one time he had immigrant intent. If you pull the affidavit of support and his AOS is cancelled, it won't really affect him too much in the future as the intent to immigrate has already been shown. He will still have to show strong ties to his home country if he wants to enter on a VWP/tourist visa and he might be scrutinized a bit more due to the previous filing for AOS.

That being said, you have to look out for yourself. If you don't pull the affidavit of support and he comes back and becomes a public charge, you could end up being on the hook for whatever gov't benefits he receives. I would pull the support and cancel the application for AOS.

[H & S 0]

That makes sense. Would it make any difference if he withdrew the AOS himself versus me pulling the affidavit of support?

[Ontarkie 14,378]

That makes sense. Would it make any difference if he withdrew the AOS himself versus me pulling the affidavit of support?

It would most likely would be better is he sent them a letter withdrawing the petition. Letting them know he went home an is no longer interested in adjusting.

[Teddy B 17,252]

It would most likely would be better is he sent them a letter withdrawing the petition. Letting them know he went home an is no longer interested in adjusting.

Agreed.

[NikLR 13,231]

I also concur. Surrendering a green card or cancelling an AOS looks better on the immigrant.

[H & S 0]

Thank you all for your replies! I will let him know that he should cancel the AOS himself. What happens if his green card gets approved and mailed to me before his request for cancellation gets received? Should he then surrender it immediately and if so, how does he do that?

[NikLR 13,231]

You can send it to him and an I-407 at the local embassy or consulate if you trust him to do it.