Withdrawing I-864: address?

[little immigrant 801]

Just a word of caution. Once you file for withdrawal, you won't be able to change your mind and "withdraw" the withdrawal. In case you reconcile. So please be absolutely sure. 

[JFH 12,191]

This does seem to be a hasty decision based on your previous posts. Have you tried to reconcile? Withdrawing the I-864 and cancelling her application is a big step. It can’t be undone. 

[geowrian 22,338]

Agreed - once they receive the withdrawal, the I-130 will be (eventually) withdrawn and AOS denied. Be sure it's what you want...there is no taking it back.

That said, you could start all over again with a new packet. I don't want to make it seem like it's permanent either. It's just a big loss of time and money, as well as the additional accrual of unlawful presence.

[cmh 6]

On 6/20/2019 at 5:10 PM, little immigrant said:

Just a word of caution. Once you file for withdrawal, you won't be able to change your mind and "withdraw" the withdrawal. In case you reconcile. So please be absolutely sure. 

 

On 6/20/2019 at 8:25 PM, JFH said:

This does seem to be a hasty decision based on your previous posts. Have you tried to reconcile? Withdrawing the I-864 and cancelling her application is a big step. It can’t be undone. 

 

On 6/20/2019 at 8:37 PM, geowrian said:

Agreed - once they receive the withdrawal, the I-130 will be (eventually) withdrawn and AOS denied. Be sure it's what you want...there is no taking it back.

That said, you could start all over again with a new packet. I don't want to make it seem like it's permanent either. It's just a big loss of time and money, as well as the additional accrual of unlawful presence.

I’ll wait but it seems she’s pretty close to giving up this time. If I receive divorce papers from my wife, I assume that at that time I still have time to send the I-864 withdrawal letter and get it withdrawn before the divorce finalizes, such that I wouldn’t have to support her via the affidavit indefinitely upon divorce? Or is there a chance that wouldn’t work and it’s best to send the letter earlier if divorce seems impending?

[geowrian 22,338]

55 minutes ago, cmh said:

I’ll wait but it seems she’s pretty close to giving up this time. If I receive divorce papers from my wife, I assume that at that time I still have time to send the I-864 withdrawal letter and get it withdrawn before the divorce finalizes, such that I wouldn’t have to support her via the affidavit indefinitely upon divorce? Or is there a chance that wouldn’t work and it’s best to send the letter earlier if divorce seems impending?

Yes, you should still send the I-864 withdrawal if the case won't be going forward. If the I-485 does get approved for some reason, you would be on the hook. That's not likely anymore since they interview all marriage based AOS applicants, but better safe than sorry.

[Dashinka 24,864]

I agree, since in your other thread, your wife has left the country prior to completing the AOS or even receiving the AP, formally withdraw the I864.  As to your future relationship, only you and her can decide that.

 

Good Luck!