How do I withdraw an I-864?

[carmel34 3,650]

37 minutes ago, DB9 said:

Thanks, I really am trying to do just that. I actually started this topic to get the address to send my documents, but with all the comments, no one has been able to do that. 

Fill out and submit the USCIS fraud tip online form, which you have already done.  Based on the details you provided on the online form, they will contact you for documentation if they decide to investigate.  I believe that's all you can do, as I'm not sure calling or going to your closest USCIS office will do much more.  They probably don't have enough people to investigate every tip they receive.  I sent an online tip form to report potential fraud a few months ago and never heard back from anyone.

Edited December 23, 2020 by carmel34

[Chancy 6,243]

1 hour ago, DB9 said:

Would you know where I would send this withdrawal letter? I imagine it is the same place a I-864 is sent, but I am not even sure of this.

 

Just to be clear, you cannot send a withdrawal letter for the previously filed I-864.  You also cannot send a withdrawal letter for any new I-130 petition if you do not know the receipt number or the USCIS service center that received it.  If you had actually filed a new petition, we would have told you to send the letter to the service center listed on your receipt notice.  But that doesn't apply in your case.  That's why we only advised you to send a fraud report and confirm the status of the I-407 that was supposedly filed.

 

Although I don't recommend this, you can send a letter to all the USCIS service centers and NVC to cover all bases.  Include in the letter your full name and date of birth, your spouse's name and date of birth, and your spouse's Alien Number.  Before you do this, I strongly suggest you consult a lawyer as this could have long-lasting consequences for you, not just your soon-to-be ex-spouse.

 

Whether you file another fraud report online or mail a letter to USCIS/NVC, don't expect to get a reply.  USCIS normally doesn't respond to such reports even if they find actual cases of fraud.

 

[Rocio0010 5,599]

2 hours ago, DB9 said:

Thank you again Chancy. I filed the I-130 in the beginning of our marriage, but never filed it a second time. I strongly suspect she has filed forged documents. Since she has done this in the past and she has been seen back in the country. I called the USCIS fraud number (and waited on hold for 65 minutes), they told me to report the fraud online which I did. But there was no way to attach documents I have for proof and the agent on the phone said there was no where to send the documents. With COVID, I cannot get an appointment in my local USCIS location or even talk to someone in the local office. 

My concern is, just as you wrote, that even if the I-407 was filed, she would just start over with the I-130 forging my signature. I thought sending a letter by FedEx with a tracking number, would ensure a response from USCIS that I filed the letter in time. I understand that this is mute if she never really filed the I-407, but a response from USCIS telling me this would give me this answer.

My wife handled all of these forms and I am just now trying to understand the process. I should have been more involved, but now I see why she handled everything.

Would you know where I would send this withdrawal letter? I imagine it is the same place a I-864 is sent, but I am not even sure of this.

 

Oh boy what a horrible situation to be in!!! So sorry for you. I might be wrong in this assumption, but if she filed a forged I-130 with your signature, at some point USCIS will call you for an interview to prove your bona fide marriage. If you don’t show up, her green card will be denied. So what if you waited until that moment?

[aaron2020 11,651]

Hi,

 

1.  You can not withdraw your I-864.  Once the immigrant has a green card, you can not withdraw it.

 

2.  You can not obtain any information on her green card or whether she filed an I-407.  Only the immigrant can obtain that information.  You are an unauthorized third party.

 

3.  She can tell you whatever she wants and reenter the US using her green card.  No one will ever tell you anything.  After the divorce, she can file to remove conditions on her green card without you.  As long as she's a green card holder, you will be on the hook for the I-864 you signed.

 

4.  It would be prudent for you to report the fraud and protect yourself, rather than rely on a person who lied and used you to get a green card.  What makes you think she is being honest with you now?  She didn't have a problem using you for the green card.  You think she will be honest with you now?  

Best of luck.

[Chancy 6,243]

4 minutes ago, aaron2020 said:

2.  You can not obtain any information on her green card or whether she filed an I-407.  Only the immigrant can obtain that information.  You are an unauthorized third party.

 

OP said he was mailed a copy of the I-407 receipt.  Is that a thing?  If so, can't he use the receipt number to check the case status online?

 

[aaron2020 11,651]

6 minutes ago, Chancy said:

 

OP said he was mailed a copy of the I-407 receipt.  Is that a thing?  If so, can't he use the receipt number to check the case status online?

 

OP said that she sent him a copy of the I-407 receipt.  Easy enough to forge.  

I don't know if he can even check online to see if she filed an I-407.  Even if the information is available online, he can not use the receipt number to verify anything without her consent.  It's a federal crime to enter a US database to look up other people's cases without authorization.  

OP is in the best position to protect himself.  He can choose to report the fraud and follow up on it, or he can rely on her and trust her.  

Edited December 23, 2020 by aaron2020

[Chancy 6,243]

2 minutes ago, aaron2020 said:

OP said that she sent him a copy of the I-407 receipt.  Easy enough to forge.  

 

True.  Based on what the OP has shared, I wouldn't believe what the ex sent is real.

 

[H.Angy 51]

Probably the ex is reading this topic and prepares :).

[Boiler 45,874]

From posts I have read seems to take a long time to get an I 407 processed, not exactly a priority and I have seen posts when the applicant has had difficulty getting confirmation.

[replaysports 41]

3 hours ago, DB9 said:

 

Thanks, I really am trying to do just that. I actually started this topic to get the address to send my documents, but with all the comments, no one has been able to do that. 

Dont feel bad... there are prob thousands that have been scammed for green cards each year.

[Timona 4,208]

I am just curious to know which country OP wife was from. @DB9, if you don't mind

[millefleur 5,047]

**Moved from AOS (Green Card) from K1 and K3 Family Based Visas to Effects of Major Family Changes on Immigration Benefits to be among similar threads**

[SalishSea 18,052]

6 hours ago, DB9 said:

Thanks, I really am trying to do just that. I actually started this topic to get the address to send my documents, but with all the comments, no one has been able to do that. 

This is because, as others have pointed out, there is no 'withdrawal' of an affidavit of support.

[Ryan H 3,819]

***Derailing post removed; either post constructively or do not post.***