Is affidavit of support can be withdrawn during the AOS interview?

[Caryle 0]

[Transborderwife 4,666]

18 minutes ago, Caryle said:

f he's willing to hold to the I-864 yes, a divorced or separated k1 can AOS successfully I'm unsure if you were asking that!

 

he withdrawed the I-864 during the interview but what I've read in other online opinion it can't be approved or very tricky as well to get approved!!!

 

ughhh I'm confused  in other hand I can also sue him under the law of California  ..

How could you sue successfully with a with a withdrawn One?  No I-864 no AOS.  

[Jojo92122 1,924]

33 minutes ago, Caryle said:

In order for the I-864 to be enforceable, you must have been approved for a green card.  Since your husband withdrew his I-864 before your case was finalized, then the I-864 does not apply.  You seem to not understand this.  There is no I-864 since your husband withdrew it before your case was finalized.

[Transborderwife 4,666]

6 minutes ago, Jojo92122 said:

In order for the I-864 to be enforceable, you must have been approved for a green card.  Since your husband withdrew his I-864 before your case was finalized, then the I-864 does not apply.  You seem to not understand this.  There is no I-864 since your husband withdrew it before your case was finalized.

 It only that, but with no legal status it mires things even more 

[Jojo92122 1,924]

Caryle, this is not criticism or wishing bad things for you.  This is just giving you the truth.  

 

Your husband withdrew the I-864 before you got a green card, so the withdrawal is valid.  There is no I-864.

 

You stated that you can also sue him under the law of California.  For a short marriage, you are unlikely to get alimony.  You are unlikely to get any money out of him.  

 

Your only path to a green card is the VAWA.  

[Possiblymaybe 371]

When he withdrew his affidavit of support, that killed your adjustment of status process. Since he withdrew it during the interview, yes, USCIS approved his withdrawal of suppprt immediately. It seems clear that the IO discussed his options with him at the interview and he decided to not follow through this process with you.

 

You keep saying he has some responsibility because he filed an I864, but in reality he withdrew it, so he has no responsibility for your immigration process any more.

 

You do not have a valid case for VAWA.

[OlayemiLoray 172]

I am not trying to be rude in anyway when  I say this, but she is receiving the same advice over and over and looking for responses she wants to hear, but won't get...I am surprised the mod hasn't close this thread down...However, whatever you decide to do, I wish nothing but the best for you...

[neilsqueen 433]

1 minute ago, Loray Thomas said:

I am not trying to be rude in anyway when  I say this, but she is receiving the same advice over and over and looking for responses she wants to hear, but won't get...I am surprised the mod hasn't close this thread down...However, whatever you decide to do, I wish nothing but the best for you...

Totally agree!!!  OP your choices are:

 

1.  Apply for VAWA.  (Be prepared for a more than likely denial unless there is horrible abuse you haven't shared with us.)

2.  Go back home.

 

 

 

 

[Transborderwife 4,666]

17 minutes ago, Loray Thomas said:

I am not trying to be rude in anyway when  I say this, but she is receiving the same advice over and over and looking for responses she wants to hear, but won't get...I am surprised the mod hasn't close this thread down...However, whatever you decide to do, I wish nothing but the best for you...

A common trope here

[geowrian 22,337]

4 hours ago, Caryle said:

thats why I'm asking here because during the interview it went well actually.We didn't pretend that the marriage is OK.. I told the IO that we have marital problem that's why we're separated and going to divorce. I'm reading bunch of forums or lawyers opinion online,that YES it can be withdrawn but my question is Do You Think They approved his withdrawal during the day of AOS INTERVIEW or Ofcourse they need to look my case first before they decide? Yes I came to US to take risk because he promise he will give me a good life im not saying good life because of money matters.. good life of having a good marriage!!

 

for VAWA issue...Im not saying cheating is abused in the case of VAWA but due to cheating of course I'm mentally abused because that time I caught my husband cheated on me makes me think I wanna go home, (which I can't because I don't have money for my ticket cause he dont want to give me any money)...

 

i dont want to elaborate the abuses here because there are bunch...that's why im here is because of my question if you think they approved his pulling the support while during the interview it went well and I have prof of bona fide marriage get along with my papers support such pictures,letters , his family pictures , bills, utility,etc...

Yes, I think they approved his withdrawal (if that's what you're asking). Without the I-864 from him, AOS will not be approved as that is a requirement. Promising a good life is just part of a marriage, but it's a hope not a legally binding contract.

 

Cheating is not considered mental abuse...it's a sign of a failed marriage. I'm really sorry it happened to you. I've had it happen to me as well (after 8 years together). But it's not cause for a VAWA claim. I don't think you have a strong case, but I suggest seeking an attorney if you choose to pursue that route.

 

The bona fide marriage aspect is a requirement for AOS, but so is the I-864. He pulled the I-864, so you will no longer qualify for AOS.

 

4 hours ago, Caryle said:

ughhh I'm confused  in other hand I can also sue him under the law of California  ..

Sue him for what? Do you mean alimony? That's something to discuss with your divorce lawyer to see if alimony is possible in your case.

 

4 hours ago, Caryle said:

The I-864 was pulled so this doesn't apply. What you posted is true if the divorce is after getting the green card. As is, he filed a form but it was never approved and is not enforceable.

Edited April 23, 2017 by geowrian

[Greenbaum 12,259]

I'm going to throw something out there for Carlyle to consider. Since she is a Filipino and her country will only recognize a divorce if one is filed against her by her husband. It would be a benefit to her if she can get a divorce from him so that she can register her divorce in her home country so she can be legally be clear to remarry if that becomes an option for her future. Not doing so, it's going to be difficult and expensive to clear her marriage status, maybe impossible to allow her to remarry in Her country.  Carlyle, please consider this in your next moves. Hiring a Filipino immigration attorney who practices in California could better advise you as to what your options are.

[Hope&Love 38]

There are so many misunderstandings with this marriage that I think I need to point out:

1. Carlye wasn't financially independent and her husband was afraid that she would depend on him forever. Marriage isn't an obligation to take care of your spouse. Let me guess, he mostly paid for food, rent, bills, your personal stuff, restaurant, going out and travel. Which is really unfair for your husband considering he did pay a lot of legal fees to bring you here. And since you can't work, he had to pay everything on top of that. So it is very understandable that he might have freaked out and withdrew Affidavit of Support Maybe, you should've saved money before you came to the states so that you could spend in these first months. 

2. I am Asian as well and I've learned to be financially independent. I adjust from F1 and I paid for legal fees, attorney fee. I spit rent with my husband, I offer to pay groceries, restaurants, travel. I prefer to be financially independent even though my USC husband offers to pay. But By doing so, I give my husband the sense of we build this relationship together, plus I don't want to rely on anyone. 

3. You should have had a conversation with your husband before you came to the USA. Because in the US, you need to take care of yourself. Yes you can't work but don't complain about not being about to split rent because you're Filipino - that's ashamed of Asian people. Asian people are independent and strong. 

4. I believe you came into this marriage with the mentality of being taken care of, and paid for. Maybe saved some money before you came to the states so that you can take care of your needs. 

 

I wish you could have had a real conversation with your husband to ensure that you will be working and won't be reliable on him. That is all!

[Charming12 59]

3 hours ago, Hope&Love said:

There are so many misunderstandings with this marriage that I think I need to point out:

1. Carlye wasn't financially independent and her husband was afraid that she would depend on him forever. Marriage isn't an obligation to take care of your spouse. Let me guess, he mostly paid for food, rent, bills, your personal stuff, restaurant, going out and travel. Which is really unfair for your husband considering he did pay a lot of legal fees to bring you here. And since you can't work, he had to pay everything on top of that. So it is very understandable that he might have freaked out and withdrew Affidavit of Support Maybe, you should've saved money before you came to the states so that you could spend in these first months. 

2. I am Asian as well and I've learned to be financially independent. I adjust from F1 and I paid for legal fees, attorney fee. I spit rent with my husband, I offer to pay groceries, restaurants, travel. I prefer to be financially independent even though my USC husband offers to pay. But By doing so, I give my husband the sense of we build this relationship together, plus I don't want to rely on anyone. 

3. You should have had a conversation with your husband before you came to the USA. Because in the US, you need to take care of yourself. Yes you can't work but don't complain about not being about to split rent because you're Filipino - that's ashamed of Asian people. Asian people are independent and strong. 

4. I believe you came into this marriage with the mentality of being taken care of, and paid for. Maybe saved some money before you came to the states so that you can take care of your needs. 

 

I wish you could have had a real conversation with your husband to ensure that you will be working and won't be reliable on him. That is all!

Yeah whatever you said to her, she wont agree with you. Thats the problem when alien came here for immigration purposes. She thought in America, life is easy and u get money from trees but it isnt like that and now she is seeking for VAWA .I only wish her good luck.

[Jujubsweet 32]

A marriage is constant team work!!!! There will always be times when one may be a little down and the other has to take care of it all for awhile but it should always balance out at the end of the day!

[Greenbaum 12,259]

Wow. You people are brutal. You don't know her situation completely. You don't know if they talked about finances before she came. She comes from a different culture then you did so how is it you know what is good for her or what she should expect.  Not every family in the USA has a wife and husband who contribute to the family 50% each.  Yours may, but why are you preaching to her what is and isn't. This is a conversation between husband wife as to how they plan to comingle their finances. In my opinion,  expectations should have been discussed before hand and maybe that is just what Carlyle did. I don't know, nor do you ppl.  Ease up on her. She came here for help and she doesn't need to be looked down upon.

 

I think it is time that this thread get locked down as it is going down hill very fast.

Edited April 24, 2017 by Greenbaum