Affadavit of Support

[Richie Rich 70]

Hi Guys ,

It has been a while since I was on Visa Journey . I have a question and hope I can get some answers . I am asking for a family friend .

The Petitioner wants to abandon the petition and told his fiancée that the relationship is off after 1 year . He does not wish to proceed with the petition for his fiancée and her daughter .

The daughter did her biometrics and his fiancée is scheduled for her biometrics later this month .

My question : How can she proceed with the petition without the petitioner help ? I am willing to be a co-sponsor and complete the I-184 ( Affidavit of Support ) for her . Her daughter received a RFE for the I-184 and she have a deadline at the end of Jan to complete .

What are her options at this point in the process ?

I appreciate any input .

Thanks.   

[Lucky2Lucky 2,526]

Are they adjusting status from k1? If so they would be married not fiancé.

[geowrian 22,338]

47 minutes ago, Richie Rich said:

My question : How can she proceed with the petition without the petitioner help ? I am willing to be a co-sponsor and complete the I-184 ( Affidavit of Support ) for her . Her daughter received a RFE for the I-184 and she have a deadline at the end of Jan to complete .

What are her options at this point in the process ?

Not possible. The petitioner must be the primary I-864 sponsor.

It's possible he didn't withdraw it yet, but expect that to happen.

 

If she came on a K class visa, then she cannot adjust status through anybody else either.

[Richie Rich 70]

Yes , they came on a K1 visa and are married . 

Is it possible that they can self sponsor themselves if the petition is denied. Someone said it has happened before and they filed as  a self sponsor. 

[gramercygreen 34]

4 minutes ago, Richie Rich said:

Yes , they came on a K1 visa and are married . 

Is it possible that they can self sponsor themselves if the petition is denied. Someone said it has happened before and they filed as  a self sponsor. 

 

I think the bigger issue is that the I-485 cannot be processed without an I-130. If the petitioning spouse doesn’t want to submit / wants to withdraw, the beneficiary cannot proceed.

 

One solution may be to switch to VAWA, but it’s unclear if the beneficiary is a victim of abuse.

[geowrian 22,338]

2 hours ago, Richie Rich said:

Yes , they came on a K1 visa and are married . 

Is it possible that they can self sponsor themselves if the petition is denied. Someone said it has happened before and they filed as  a self sponsor. 

The only way to self-sponsor would be via VAWA (or via being a victim of human trafficking, or in certain cases to aid with law enforcement for criminal activities). Nothing about "extreme abuse" has been claimed, so VAWA doesn't appear to apply.

Other than the above provision, there is no way to do AOS via a K class visa except via the support of the original petitioner. K visas have this extra provision built into them.

 

2 hours ago, gramercygreen said:

I think the bigger issue is that the I-485 cannot be processed without an I-130. If the petitioning spouse doesn’t want to submit / wants to withdraw, the beneficiary cannot proceed.

K -1 visas use an I-129F, not an I-130. The I-129F would have already been approved just to get the K-1 visa.

Edited January 18, 2020 by geowrian

[Richie Rich 70]

The petitioner did submit the I-184 but was given a RFE ( Did not meet the required income level ) . Can My wife and I submit another affidavit of support as a co-sponsor .

The petitioner is filing for bankruptcy and as a result do not wish to proceed with the petition .

We just learn that the Petitioner wants to file for divorce and dissolve the marriage .

Is there any hope for the family friend and her daughter ? If denied , what are her options ? Does she have to return home ? Can she remain here until after the divorce ?  if she is remarried , how soon can someone file a petition for her ?

I appreciate  any input .   

[geowrian 22,338]

25 minutes ago, Richie Rich said:

The petitioner did submit the I-184 but was given a RFE ( Did not meet the required income level ) . Can My wife and I submit another affidavit of support as a co-sponsor .

The petitioner is filing for bankruptcy and as a result do not wish to proceed with the petition .

We just learn that the Petitioner wants to file for divorce and dissolve the marriage .

Is there any hope for the family friend and her daughter ? If denied , what are her options ? Does she have to return home ? Can she remain here until after the divorce ?  if she is remarried , how soon can someone file a petition for her ?

I appreciate  any input .   

The petitioner can withdraw the I-864 at any time prior to AOS approval.

However, since they got an RFE/RFIE for the I-864, unless he is both willing to proceed with a new I-864 AND there is a suitable joint sponsor is found AND she shows a bona fide marriage at the time (this falls under Matter of Sesay - typically not DIY - get professional assistance), there is no avenue to complete AOS based on that existing petition.

She cannot AOS through a petition with anybody else - a restriction of the K visa is that you have to AOS through the original petitioner. For any other path to legal status (i.e. if she found another spouse), she has to leave the US to complete the process.

 

Once the I-485 is denied, she will be unlawfully present in the US. She will need to leave to avoid a 3/10 year bar due to overstay.

Upon denial, she will get a notice that she needs to leave the US.

"Shortly" (in immigration terms) after that, she will be issued a Notice To Appear (NTA) for immigration court to begin removal proceedings, assuming she does not leave on her own.

For anything regarding the divorce, she should seek a divorce attorney. There is no requirement to remain in the US to complete a divorce, so expect to handle that on a separate timeline. It may or may not complete before denial, before the NTA, or before removal.

 

If she does find a new petitioner, the new petition can be filed as soon as she is eligible - i.e. if she remarries, the I-130 petition can be filed as soon as she is legally married (meaning her prior marriage has to be fully dissolved first).

She would need to leave the US to complete processing abroad, per the above.

If she overstays by 180+ days, she would need a waiver for the overstay, or to wait out the bar.

 

The only exception to stay legally are if she was subject to "extreme cruelty" and abuse by her spouse/former spouse, and she can show this, via a VAWA claim.

Edited January 20, 2020 by geowrian

[Richie Rich 70]

On 1/19/2020 at 10:38 PM, geowrian said:

The petitioner can withdraw the I-864 at any time prior to AOS approval.

However, since they got an RFE/RFIE for the I-864, unless he is both willing to proceed with a new I-864 AND there is a suitable joint sponsor is found AND she shows a bona fide marriage at the time (this falls under Matter of Sesay - typically not DIY - get professional assistance), there is no avenue to complete AOS based on that existing petition.

She cannot AOS through a petition with anybody else - a restriction of the K visa is that you have to AOS through the original petitioner. For any other path to legal status (i.e. if she found another spouse), she has to leave the US to complete the process.

 

Once the I-485 is denied, she will be unlawfully present in the US. She will need to leave to avoid a 3/10 year bar due to overstay.

Upon denial, she will get a notice that she needs to leave the US.

"Shortly" (in immigration terms) after that, she will be issued a Notice To Appear (NTA) for immigration court to begin removal proceedings, assuming she does not leave on her own.

For anything regarding the divorce, she should seek a divorce attorney. There is no requirement to remain in the US to complete a divorce, so expect to handle that on a separate timeline. It may or may not complete before denial, before the NTA, or before removal.

 

If she does find a new petitioner, the new petition can be filed as soon as she is eligible - i.e. if she remarries, the I-130 petition can be filed as soon as she is legally married (meaning her prior marriage has to be fully dissolved first).

She would need to leave the US to complete processing abroad, per the above.

If she overstays by 180+ days, she would need a waiver for the overstay, or to wait out the bar.

 

The only exception to stay legally are if she was subject to "extreme cruelty" and abuse by her spouse/former spouse, and she can show this, via a VAWA claim.

Thanks for your input . I appreciate the response.