Can she stay in US even if her husband wants her to go home

[Ontarkie 14,236]

He can withdraw his support and she will have no status. She cannot adjust status without his support. 

[Ontarkie 14,236]

11 minutes ago, payxibka said:

Maybe...  It's called a divorce waiver...

Can't apply for ROC with a divorce waiver when she still hasn't adjusted her status. One step at a time and by the sounds of things he will be pulling his support. 

[payxibka 10,045]

Just now, Ontarkie said:

Can't apply for ROC with a divorce waiver when she still hasn't adjusted her status. One step at a time and by the sounds of things he will be pulling his support. 

You are right

[amaada 18]

1 minute ago, Ontarkie said:

Can't apply for ROC with a divorce waiver when she still hasn't adjusted her status. One step at a time and by the sounds of things he will be pulling his support. 

He has already paid for everything for AOS and now waiting for the greencard. 

 

I wasnt sure about “withdrawing sponsorship” so I’m wondering if he can stop the release of greencard.

[amaada 18]

5 minutes ago, Ontarkie said:

He can withdraw his support and she will have no status. She cannot adjust status without his support. 

Can he withdraw even if he has already paid everything for the AOS?

[Ontarkie 14,236]

1 minute ago, amaada said:

He has already paid for everything for AOS and now waiting for the greencard. 

 

I wasnt sure about “withdrawing sponsorship” so I’m wondering if he can stop the release of greencard.

Yes he can still pull the affidavit of support. When he does that her AOS will be denied. 

[amaada 18]

Just now, Ontarkie said:

Yes he can still pull the affidavit of support. When he does that her AOS will be denied. 

Thank you for making it clear for me.

 

I am also considering if I will let her stay with me if that happens. Because she will be an illegal immigrant living in my house if the AOS is denied. But I really wanted to help her by offering to stay in my house for the meantime.

[Mollie09 1,543]

11 minutes ago, Ontarkie said:

Yes he can still pull the affidavit of support. When he does that her AOS will be denied. 

From the OP it sounds like AOS was approved and card is being produced, no?

In that case there's no pulling support anymore.

[payxibka 10,045]

1 minute ago, Mollie09 said:

From the OP it sounds like AOS was approved and card is being produced, no?

In that case there's no pulling support anymore.

Still waiting for her EAD...  Would appear to be  many months from approval yet

[amaada 18]

8 minutes ago, Mollie09 said:

From the OP it sounds like AOS was approved and card is being produced, no?

In that case there's no pulling support anymore.

It didn’t say yet that the card is being produced or approved. But if we based it to a normal AOS timeline she’s at the stage of receiving her EAD next month. She did biometrics a month ago.

[Mollie09 1,543]

5 minutes ago, amaada said:

It didn’t say yet that the card is being produced or approved. But if we based it to a normal AOS timeline she’s at the stage of receiving her EAD next month. She did biometrics a month ago.

I stand corrected. He has plenty of time to pull support and that would cause the denial of the AOS.

[Californiansunset 336]

5 minutes ago, amaada said:

It didn’t say yet that the card is being produced or approved. But if we based it to a normal AOS timeline she’s at the stage of receiving her EAD next month. She did biometrics a month ago.

She still needs him to come to the Greencard interview if she ends up being scheduled for one... just want to throw that out there since it hasn't been mentioned. There's a 50/50 chance that she will have one. If she goes to that AOS interview without the hubby she will have her AOS denied if he hasn't pulled the I-864 support yet anyways.

[amaada 18]

2 minutes ago, Mollie09 said:

I stand corrected. He has plenty of time to pull support and that would cause the denial of the AOS.

Thank you!

[bad4tatt 168]

If I understand this correctly, she has only been here 6 months and her AOS was filed within that time? Has her AOS been approved yet? 6 months seems really fast for AOS of any kind. 

[amaada 18]

1 minute ago, Californiansunset said:

She still needs him to come to the Greencard interview if she ends up being scheduled for one... just want to throw that out there since it hasn't been mentioned. There's a 50/50 chance that she will have one. If she goes to that AOS interview without the hubby she will have her AOS denied if he hasn't pulled the I-864 support yet anyways.

Thank you! I hope he will just file for divorce before he sends her home at least it will be clear to her.

 

can he file for divorce even if she’s in her home country?