Withdrawing From AOS - Interview is Scheduled

[Hopeful diva 99]

2 hours ago, Corey911 said:

Hey! Sorry about your marriage...

As TBoneTX mentioned, make a call to USCIS, I guess if the tier 2 wouldn't be helpful,  you go alone on your interview and there make sure you wouldn't face ban later.

I would not advice calling the customer service. A lot of times the tier 2 workers don't know what they are doing and give wrong information most of the time. Her best bet would be to go to the interview or make an infopass appointment to see one of the actual officers who would give her proper advice 

Edited March 8, 2017 by Hopeful diva

[Hopeful diva 99]

5 hours ago, yuna628 said:

Future entry to the USA should be the least of your concerns right now, as it is in making sure you are safe and established back in your own country again. As I understand it your husband would need to withdraw the I-864, as he is your sponsor. It will need to be something in writing. You could make an infopass appointment. You can also go to the interview and explain your situation but you will be denied outright. I don't see any way forward for you, and I'm sorry. At that time you can remove yourself back to the .........

That statement of yours that I highlighted above is false. I have been in her situation before. I went to the interview alone, explained to the field officer and the interview was rescheduled....finally my spouse showed up for the second interview. She will not receive an outright denial. However she will have no choice than to withdraw the i485 at that time because there is no future for the application anymore since her husband is no longer interested in being involved. It is her voluntary withdrawal that will result in the denial or if her husband's beats her to it and withdraws his affidavit of support, then she will receive a denial in the mail 

Edited March 8, 2017 by Hopeful diva

[Hopeful diva 99]

3 hours ago, Emmylou151 said:

Will they send me a notice period to get out ?

Yes! Once you have withdrawn your case or your husband withdraws his affidavit of support, you will be put in removal proceedings. At that point , your best bet will be to go home as soon as possible so that you do not trigger a ban 

 

[Villanelle 4,122]

So youve given up on "Sesay?" 

Did you try contacting any legal aid groups or immigrant resource centers about it?

[aa1979 100]

I do not know much about your situation from the previous post, but are you sure %100 that you want to end your marriage?  No way to fix things at all?  This is a huge deal, if you change your mind in the future.  Give yourself time to the interview date to seriously think about things and decide if you want to continue with your husband.  If interview date/day comes and you still want to leave, then tell that to the officer and see what happens.  I would think a lot before leaving unless your situation is actually dangerous for you and your safety. If there was a safety concern, then by all means leave and don't come back to him.  Otherwise, see if you can work things out with him depending on where things stand between the two of you at this point.

[caliliving 606]

If you dont want to be togwthet go back and your petition will die...no need to contact anyone.

 

Yiu are worried about coming back. Did u overstay???? Then yes, u have a problem. If you never overstayed as a Uk citizen u should be ok. 

 

[caliliving 606]

emmylou, it seems like you are more worried about your immigration status moving forward.

 

this is normal.

however, you should have realized this with every step of the way! you are from the UK correct? you can EASTLY visit on the VWP! unless something put you in a turmouil to overstay your VWP you should never have done that!!!

 

if you petitioned for the K1, and then camed here and applied for AOS and leave with no overstay, as a UK person you can show strong ties to being home and you will be OK!

 

again , this is because you are from the UK! countries matter!!!!

 

if you overstayed at all, you will incur a ban and you will have a nightmare coming back.  you should have known this tho before you apply for any visa or oversatyed.. nothing is forgiven once you cross back into the UK.. no lawyer can help you, so it doesnt matter what a lawyer says or who you reserarch.. a law is a law. 

 

i dont care your reason for coming in an out, but what are your entires and exits?? Everyone knows once you go the marriage visa route, it is hard to go back into the tourist route....

 

but, if you get a good job in the Uk and u have not overstayed at all, you should be good to go! 

[Unlockable 7,315]

9 hours ago, Damara said:

So youve given up on "Sesay?" 

Did you try contacting any legal aid groups or immigrant resource centers about it?

Hubby may have had a change of heart about agreeing to continue with the Affidavit of Support which, if I'm not mistaken, is needed for Sesay.

 

Going back to here other thread it seems she wants to be sure she has sort of a "clean slate" if she leaves so her employer can sponsor her later. Hopefully she has gained the help or advice from an attorney.

[Villanelle 4,122]

She said he hasnt pulled the 864, just that he doesnt want "to go through with it" (re the interview). Its an odd situation- if he doesnt want to participate he doesnt have to. But he has options. He can avoid the whole thing and leave his 864 as is (making her eligible for Sesay) or he can take action and withdraw the 864. Im not sure if he knows he has to withdraw the 864, or even has the option of doing so. Since this thread is by the OP its hard to know what the husband knows or thinks. Some people think if they just dont go to the interview it cant be approved. They dont know about Sesay... So its more of a question of if he is willing to still "help" her by leaving the 864- which just means doing nothing, or if he is taking a more hardlined approach of its over and Im totally out including my 864.

Anyway, its both simple and difficult to leave. Theres nothing stopping her from just leaving and withdrawing the petition. She can also attend the interview and be denied and leave afterwards in a timely fashion. (any days after the official denial will count though- so its better to leave before its denied to have 0 days held against you)

 

Nonimmigrants who apply for extension or change of nonimmigrant status but who leave the United States before a decision on the application is made by USCIS are not subject to the counting of days of unlawful presence if they were in a period of stay authorized by the Attorney General prior to their departure from the United States.

Nonimmigrants who apply for an extension or change of nonimmigrant status but who leave the United States after their I-94 expires but before a decision on the application has been issued are not subject the counting of days of unlawful presence if they can establish that:

1. The application was filed in a timely manner (i.e., before the expiration of the current period of authorized stay);
2. The application was nonfrivolous; and
3. The applicant did not engage in any unauthorized employment before the application was filed or while it was pending

Advisers should instruct those who intend to depart from the United States after the expiration of the I-94, but before an adjudication is made on a timely filed application for extension or change of status, to keep copies of the application, the receipt notice, checks, and I-94s. Also, such individuals should have evidence of their ability to support themselves while the application was pending to prove that they did not need to work. This documentation may have to be presented to a DHS or consular officer to prove that the alien was in a period of authorized stay prior to his or her departure from the United States.

[Hopeful diva 99]

17 hours ago, Damara said:

She said he hasnt pulled the 864, just that he doesnt want "to go through with it" (re the interview). Its an odd situation- if he doesnt want to participate he doesnt have to. But he has options. He can avoid the whole thing and leave his 864 as is (making her eligible for Sesay) or he can take action and withdraw the 864. Im not sure if he knows he has to withdraw the 864, or even has the option of doing so. Since this thread is by the OP its hard to know what the husband knows or thinks. Some people think if they just dont go to the interview it cant be approved. They dont know about Sesay... So its more of a question of if he is willing to still "help" her by leaving the 864- which just means doing nothing, or if he is taking a more hardlined approach of its over and Im totally out including my 864.

Anyway, its both simple and difficult to leave. Theres nothing stopping her from just leaving and withdrawing the petition. She can also attend the interview and be denied and leave afterwards in a timely fashion. (any days after the official denial will count though- so its better to leave before its denied to have 0 days held against you)

 

Nonimmigrants who apply for extension or change of nonimmigrant status but who leave the United States before a decision on the application is made by USCIS are not subject to the counting of days of unlawful presence if they were in a period of stay authorized by the Attorney General prior to their departure from the United States.

Nonimmigrants who apply for an extension or change of nonimmigrant status but who leave the United States after their I-94 expires but before a decision on the application has been issued are not subject the counting of days of unlawful presence if they can establish that:

1. The application was filed in a timely manner (i.e., before the expiration of the current period of authorized stay);
2. The application was nonfrivolous; and
3. The applicant did not engage in any unauthorized employment before the application was filed or while it was pending

Advisers should instruct those who intend to depart from the United States after the expiration of the I-94, but before an adjudication is made on a timely filed application for extension or change of status, to keep copies of the application, the receipt notice, checks, and I-94s. Also, such individuals should have evidence of their ability to support themselves while the application was pending to prove that they did not need to work. This documentation may have to be presented to a DHS or consular officer to prove that the alien was in a period of authorized stay prior to his or her departure from the United States.

What is sesay? 

[TBoneTX 46,067]

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