Joint sponsor wants to rescind sponsorship from I-485 application

[splusk21 0]

I’m in the process of applying for I-485, Adjustment of Status through marriage. 

 

Timeline:

• got married in June 2016
• sent in EAD & AP application in
• sent in I-130 and I-485 application in Aug 2016
• received EAD & AP in March 2017
• Biometrics in Sep 2016
• got first RFE in Oct 2016
• sent in evidence in Dec 2016
• Interview in May 16, 2017
• USCIS responded to district congresswoman with no updates available in Aug 2017
• went in for info pass in December 2017
• sent in EAD & AP renewal in mid December 2017
• got second RFE in Jan 31 2018 for expired medical report and validity of marriage
• EAD & AP expired in Feb. No updates on approval / new card yet.
• sent in evidence in April 2018 (last week) with a new medical report, 3 affidavits from friends & family, and updated evidences of marriage 
• sponsor wants to drop sponsorship as soon as possible without getting the case dropped immediately

 

Our financial status:

• we’re co-founding and bootstrapping an early stage startup (=no regular income)
• we’ve been doing part-time on-demand jobs irregularly (e.g. DogVacay, AirBnB, Instacart) on the side to make living
• we got the husband’s sister to sponsor us, also sent in evidence for my personal asset of $35K with the original application and our joint account asset of $14K with the second RFE

 

Possible courses of action we’ve thought of:

• Husband gets a full-time job with a signed contract stating the salary amount enough to meet the income requirements
• I get a full-time job and apply for an O-1 visa instead (H1B deadline for this year has already passed)
• Startup raises funding and we start earning salary from our company

 

The joint sponsor hasn’t sent in her withdrawal notice yet and we’re trying to time it right so our case doesn’t automatically get dropped. 

 

So questions are:

 

• When should the joint sponsor send in the sponsorship withdrawal notice? Will we get a receipt from the USCIS that they have received our second evidences and how much time would we have between the receipt coming and the case potentially getting approved before we send the update notice?  
• What are the potential outcomes here? 
• What is the most effective strategy? 

[Alabamak1 688]

you message is a little confusing....you mean the petitioner wants to drop the I-485 for AOS or are you talking about the I-864 of financial responsability (Affidaivit of support).  As is understand...once you signed the I-864, there is no backing out for the next 10 years or 40 quaters of work or becoming a USC by the beneficiary. 10 years being the financial responsability of the person who signed the I-864 

 

 

[geowrian 22,337]

23 minutes ago, Alabamak1 said:

As is understand...once you signed the I-864, there is no backing out for the next 10 years or 40 quaters of work or becoming a USC by the beneficiary. 10 years being the financial responsability of the person who signed the I-864

The I-864 commitment is only once it is executed, which is when they become an LPR (upon AOS approval). Unless I misread something, AOS has not been approved yet here, so a sponsor can withdraw their I-864 still.