Withdrawing I485

[Mason3990 0]

Hi,

 

How do I withdraw an I485 form? My ex, who is a non US citizen applied with the help of a lawyer so i don't know which field office is processing his papers and we are not on speaking terms. I don't know where to send my letter asking for the petition to be withdrawn. Can anyone help please!

[JoJoJoJo 170]

28 minutes ago, Mason3990 said:

Hi,

 

How do I withdraw an I485 form? My ex, who is a non US citizen applied with the help of a lawyer so i don't know which field office is processing his papers and we are not on speaking terms. I don't know where to send my letter asking for the petition to be withdrawn. Can anyone help please!

Currently are you legally divorced?

 

The form I485 requires I-864 to be filed together. You are the petitioner? If so, filing I-485 requires you to sign I-864. Did you sign this form?

 

If so, you might be able to withdraw the I-864, which would make the AOS not meet the financial requirement. Also, I suspect that you should contact National Benefit Center to explain your intention.

 

Let's see what other people say.

Edited February 6, 2018 by JoJoJoJo

[Mason3990 0]

17 minutes ago, JoJoJoJo said:

Currently are you legally divorced?

 

The form I485 requires I-864 to be filed together. You are the petitioner? If so, filing I-485 requires you to sign I-864. Did you sign this form?

 

If so, you might be able to withdraw the I-864, which would make the AOS not meet the financial requirement. Also, I suspect that you should contact National Benefit Center to explain your intention.

 

Let's see what other people say.

I'm in the process of getting an annulment. I already sent the papers for him to be served. Yes,  I'm the petitioner. I don't think I have ever signed the I-864. Just the I-130 and the I-485. Because I don't make enough money, i know his uncle was written as his financial support. Thus, maybe his uncle singed the I-864. If I didn't sign an I-864, does that mean I can't withdraw the I-485? 

[JoJoJoJo 170]

11 minutes ago, Mason3990 said:

Yes,  I'm the petitioner. I don't think I have ever signed the I-864. Just the I-130 and the I-485. Because I don't make enough money, i know his uncle was written as our support. Thus, maybe his uncle singed the I-864. If I didn't sign an I-864, does that mean I can't withdraw the I-485? 

 

I could be wrong, but if you look at the last part of page 1 of I-864 instruction, which is quoted below:

Quote

The following immigrants are required by law to submit Form I-864 completed by the petitioner to obtain an immigrant
visa overseas or to adjust status to that of a lawful permanent resident in the United States:
1. All immediate relatives of U.S. citizens (spouses, unmarried children under 21 years of age, and parents of U.S.
citizens 21 years of age and older);

the petitioner needs to complete I-864. If you do not make enough money, that is okay, as long as some other people can be his co-sponsor, not sole-sponsor.

 

So I believe you should have signed I-864. If you did not, I am not sure if the AOS can be approved at all.

 

I am no lawyer, so maybe consult a lawyer or see what other people say?

Edited February 6, 2018 by JoJoJoJo

[Mason3990 0]

29 minutes ago, Dee elle said:

Even though you didn't meet the financial level needed, you would have been required to complete the I864 as primary sponsor, and the joint  sponsor also had to complete his own I864...do you have copies of all the paperwork you submitted? 

No, I don't. I didn't submit anything. My ex and his lawyer did. I just have a receipt for the I-130 petition and a file number for the I-485 form. When we were still together, he had received papers from the National Benefits Center stating that he was missing some papers from his application, i don't know what happened after that. I recently checked the his case status online and it said they had gotten the information needed on 1/30/18 and will start working on his application again. I want to make sure I withdraw it before it gets any further, but I don't know where to send my letter asking for a withdrawal.

[Mason3990 0]

36 minutes ago, JoJoJoJo said:

I could be wrong, but if you look at the last part of page 1 of I-864 instruction, which is quoted below:

the petitioner needs to complete I-864. If you do not make enough money, that is okay, as long as some other people can be his co-sponsor, not sole-sponsor.

 

So I believe you should have signed I-864. If you did not, I am not sure if the AOS can be approved at all.

 

I am no lawyer, so maybe consult a lawyer or see what other people say?

I think I will need to call the National Benefits Center tomorrow. Thank you for your rresponses. 

[acidrain 325]

Did you not sign the i130 and i485? You mention your ex and a lawyer doing the paperwork but only the petitioner can legally file.

 

Why not contact the lawyer to find out what is going on? Legally you are the client as you are the one petitioning him. If either one is moving ahead without your approval that is immigration fraud.

 

You can call USCIS to determine what is happening with his case: 1-800-375-5283.