Withdrawing gc, affadavit for spouse

[cmh 6]

Having second thoughts about supporting my spouse; considering divorce. Please don’t assume I can’t be a victim in this case. Latest updates, from Dec, were successful receipt of gc and affadavit apps and notice that interview would be scheduled. Walk me through full cancellation of these components at this stage. Thanks.

[geowrian 22,337]

You can't "cancel" his/her AOS application as it is not yours.

You can withdraw your I-864. Without an I-864 from the petitioner, AOS cannot be approved.

The process would be to write & sign a letter requesting the withdrawal of your I-864. Optionally, if you can make an Infopass appointment, you can request it in person there as well.

Assuming there is an interview (SOP for K-1 cases now), your no-show will result in a denial as well. Or if you show up and request withdrawal that can be done as well. But avoiding the interview in the first place is optimal.

[Ontarkie 14,226]

~~Moved to Effects of Major Life Changes, from AOS Family - As similar threads are discussed here.~~

[cmh 6]

On 3/25/2019 at 12:35 AM, geowrian said:

You can't "cancel" his/her AOS application as it is not yours.

You can withdraw your I-864. Without an I-864 from the petitioner, AOS cannot be approved.

The process would be to write & sign a letter requesting the withdrawal of your I-864. Optionally, if you can make an Infopass appointment, you can request it in person there as well.

Assuming there is an interview (SOP for K-1 cases now), your no-show will result in a denial as well. Or if you show up and request withdrawal that can be done as well. But avoiding the interview in the first place is optimal.

Ok, so I’m able to withdraw i864 at any stage before the issuance of the GC, so I have at least until the interview, right? And how detrimental would i864 withdrawal be to her GC application, as I’m not as interested in withdrawing that?

Edited May 18, 2019 by cmh

[cyclone27 710]

No I864=no Greencard she will have to go home.

[cmh 6]

6 minutes ago, cyclone27 said:

No I864=no Greencard she will have to go home.

But in another thread someone said they wouldn’t necessarily be rejected for a GC? Just trying to gain more of a consensus here. Thanks.

[Lemonslice 4,842]

19 minutes ago, cmh said:

But in another thread someone said they wouldn’t necessarily be rejected for a GC? Just trying to gain more of a consensus here. Thanks.

What you can do is withdraw your affidavit of support and, if needed, contact them with any evidence of fraud you have, and divorce.

 

If, and how, your spouse ends up with a green card in the future is their problem, not yours 

[NikLR 13,227]

20 hours ago, cmh said:

But in another thread someone said they wouldn’t necessarily be rejected for a GC? Just trying to gain more of a consensus here. Thanks.

Then they were wrong.  When the petitioner withdraws the I-864 before the green card is issued the beneficiary cannot adjust their status with that petitioner or obtain a green card if abroad.  If they came on a K1, they cannot adjust status with any other petitioner.  If they came on any other visa type they can adjust status with another petitioner.

Or if they have a valid VAWA claim they can go that route if already in country.