Thinking about withdrawing the I-864 that I signed

[timbrel110 0]

So, wife came to the USA via K1 visa.

 

AOS application was received in December. Biometrics done shortly after.

 

She has been having a difficult time here and I feel like it would be in my interest to withdraw the I-864.

 

Question: Once the I-864 is withdrawn, then what? I am assuming that a letter is sent giving 30 days for another I-864 and if another I-864 isn't sent in, then the application is denied.

 

Then what happens after the application is denied due to lack of I-864?

 

 

[caliliving 606]

15 minutes ago, timbrel110 said:

So, wife came to the USA via K1 visa.

 

AOS application was received in December. Biometrics done shortly after.

 

She has been having a difficult time here and I feel like it would be in my interest to withdraw the I-864.

 

Question: Once the I-864 is withdrawn, then what? I am assuming that a letter is sent giving 30 days for another I-864 and if another I-864 isn't sent in, then the application is denied.

 

Then what happens after the application is denied due to lack of I-864?

 

 

if she has no greencard you can write a letter and pull the application. she will need to leave asap.

also, if she incurred any oversrtay from k1 to aos that would not be good. 

[timbrel110 0]

27 minutes ago, caliliving said:

if she has no greencard you can write a letter and pull the application. she will need to leave asap.

also, if she incurred any oversrtay from k1 to aos that would not be good. 

She has no greencard.

 

Lets say I write the letter to pull the application. Will there be a letter sent to her instructing her to leave?

 

And if she does not abide, ICE shows up at the door?

 

Sorry, just trying to understand the flow of events.

[acidrain 325]

Have you thought about talking to your wife and asking if she will leave? From your tone it sounds like you want immigration to get rid of your wife for you.

 

It's highly doubtful ICE will make your wife a priority when there are an estimated 11 million people living out of status or illegally. USCIS is not Amazon where you get to return the package if you're not satisfied.

Edited February 16, 2018 by acidrain

[timbrel110 0]

15 hours ago, acidrain said:

Have you thought about talking to your wife and asking if she will leave? From your tone it sounds like you want immigration to get rid of your wife for you.

 

It's highly doubtful ICE will make your wife a priority when there are an estimated 11 million people living out of status or illegally. USCIS is not Amazon where you get to return the package if you're not satisfied.

Sorry for the misunderstanding.

 

Of course I have talked to her about going back to her country. She does not want to go.

 

I understand she is not a package from amazon that  I can send back and I am not treating her as such.

 

Pulling the I-864 is a last resort and I want to understand what will happen exactly before I pull the trigger.

[acidrain 325]

Thank you for clarifying. I am sure this situation is quite stressful.

 

That is unfortunate your wife does not see the situation for what it is and go home. If you pull the AOS (i864) she has no way of adjusting status without you. She won't be able to work and support herself. I'm not sure what she realistically expects to happen.

[timbrel110 0]

2 hours ago, acidrain said:

Thank you for clarifying. I am sure this situation is quite stressful.

 

That is unfortunate your wife does not see the situation for what it is and go home. If you pull the AOS (i864) she has no way of adjusting status without you. She won't be able to work and support herself. I'm not sure what she realistically expects to happen.

It would look something like this, right?

 

Send written withdrawal notice to the same address the AOS application was sent to.

 

USCIS sends a RFE for a new I-864 with a 30 day limit.

 

If they do not receive a new I-864 within 30 days of the RFE, they deny the AOS application and give the immigrant 30 days to leave the country.

 

If the immigrant does not leave within the 30 days, then removal proceedings begin.

 

Do I have this right?

Edited February 16, 2018 by timbrel110

[caliliving 606]

2 hours ago, timbrel110 said:

It would look something like this, right?

 

Send written withdrawal notice to the same address the AOS application was sent to.

 

USCIS sends a RFE for a new I-864 with a 30 day limit.

 

If they do not receive a new I-864 within 30 days of the RFE, they deny the AOS application and give the immigrant 30 days to leave the country.

 

If the immigrant does not leave within the 30 days, then removal proceedings begin.

 

Do I have this right?

No one can force her to go back. Yes she will be depoetable but she is not a prioeity. She can leave and go to another state and live and work under the table. Millions do it. Her choice to live that way but she can not AOS through anyone but herself. 

If you want to divorce her pull the AOS and she can do what she wants. She will no longer be your problem 

[Ontarkie 14,236]

~~moved to Major Effects on Immigration, from AOS FAmily- As similar topics are discussed here.~~

[Going through 5,671]

17 hours ago, timbrel110 said:

It would look something like this, right?

 

Send written withdrawal notice to the same address the AOS application was sent to.

 

USCIS sends a RFE for a new I-864 with a 30 day limit.

 

If they do not receive a new I-864 within 30 days of the RFE, they deny the AOS application and give the immigrant 30 days to leave the country.

 

If the immigrant does not leave within the 30 days, then removal proceedings begin.

 

Do I have this right?

Everything except this part, basically.

They are not going to show up at your door and arrest her, they will not hunt her down and drag her onto a plane to her home country, or anything like that.

She will receive notice that the AOS is denied, but what she does with that notice is up to her.

As noted before, many times the foreigner chooses to remain in the US and flies under the radar for the rest of their life working under the table.

 

Divorce her, move on with your life, and don't concern yourself with any further actions she chooses to take---from then on, it's not your problem.

[Boiler 45,575]

You could offer to pay her her costs of returning home and maybe a small settling ion cost when she gets there?

 

Obviously need to get the divorce side of things settled.

[Villanelle 4,122]

From what I have observed they do NOT send an RFE asking for a new 864. USCIS takes withdrawals seriously. Once you withdraw something thats it. You dont get a second chance. You have to start from scratch again. So I would expect you would send the notice to withdrawal and then when they get to it they will send the notice to deny or notice of denial. You wont have a chance to 'take it back' and send the 864 again. Youd have to submit a whole new AOS packet. If your wife does not want to go back she wont. She can stay illegally. (or file a false vawa claim so please ensure you protect yourself from that)/ 

[Lenchick 133]

1 hour ago, Damara said:

From what I have observed they do NOT send an RFE asking for a new 864. USCIS takes withdrawals seriously. Once you withdraw something thats it. You dont get a second chance. You have to start from scratch again. So I would expect you would send the notice to withdrawal and then when they get to it they will send the notice to deny or notice of denial. You wont have a chance to 'take it back' and send the 864 again. Youd have to submit a whole new AOS packet. If your wife does not want to go back she wont. She can stay illegally. (or file a false vawa claim so please ensure you protect yourself from that)/ 

Well, If she files a vawa claim it might not be false after all. We never know. There are many USC spouses who hold the benefits over their immigrant beneficiaries  heads and threaten to withdraw in order to control. 

[Boiler 45,575]

12 minutes ago, Lenchick said:

Well, If she files a vawa claim it might not be false after all. We never know. There are many USC spouses who hold the benefits over their immigrant beneficiaries  heads and threaten to withdraw in order to control. 

True, and it is pretty easy to fabricate a VAWA claim either way.

[timbrel110 0]

On 2/15/2018 at 1:39 PM, caliliving said:

if she has no greencard you can write a letter and pull the application. she will need to leave asap.

also, if she incurred any oversrtay from k1 to aos that would not be good. 

What exactly are you saying here?

 

She arrived in Feb 2017 and the k1 expired may 2017. The aos application was received dec 2017.