Withdrawal after receiving NOID

[Gabson 0]

Hello guys, I'm new to this forum. please i need help with my situation. is it advisable to abandon or withdraw a i-485 AOS after receiving NOID?

[AJ2019 58]

Hi, I think we would need a little bit more info. Are you the beneficiary or petitioner? Is this marriage based? Is the beneficiary still in the US?  

[arken 4,197]

You can do either but by the time they process your withdrawal, it would likely be already denied after you don't respond to NOID. 
 

Are you planning to refile for AOS?

[Gabson 0]

Thank you for the response Arken, i want to withdraw and file for VAWA

[Gabson 0]

Thank you AJ2019, i am the beneficiary and it is a marriage based case

[AJ2019 58]

I have heard you can file for Removal of Conditions using VAWA, and I heard divorced people going to interviews alone because of various circumstances. However, I'm not sure you can independently file for AOS using VAWA. You may want to research and/or consult an attorney before withdrawing your I-485 petition for this reason.

[AJ2019 58]

Please review this link: https://www.visapro.com/resources/article/k1-adjustment-of-status/

 

Unfortunately, one hurdle still remains for K1 visa Adjustment of Status applicants who are divorced – Adjustment of Status based on the K1 visa still requires an I-864 from the original Petitioner. USCIS has confirmed as recently as 2015 that the I-864, Affidavit of Support is required and must come from the original US citizen spouse and they will not accept a substitute spouse (K1 visa holders who were abused or suffered extreme cruelty are advised to file the I-360 under VAWA, if eligible, to allow USCIS to waive the I-864 requirement). USCIS has stated, however, that they will accept the I-864 that is signed even after divorce.

 

This may indicate it may be worthwhile keeping the original AOS application alive in the event you don't meet the "abused or suffered extreme cruelty" requirement to get a waiver of I-864.

[Ontarkie 14,234]

~~Moved to Effects of Major Family Changes, from Bringing Family Of USC - The OP is asking about VAWA and such topics are discussed here.~~

[arken 4,197]

19 hours ago, AJ2019 said:

I have heard you can file for Removal of Conditions using VAWA, and I heard divorced people going to interviews alone because of various circumstances.

Removal of Condition isn't applicable to OP, so can't file.

 

19 hours ago, AJ2019 said:

 

However, I'm not sure you can independently file for AOS using VAWA. You may want to research and/or consult an attorney before withdrawing your I-485 petition for this reason.

. 
One can self petition for VAWA if eligible.

Even if OP doesn't withdraw the i485, it will get denied soon because of no response for NOID, so it doesn't matter.

[Eric-Pris 1,606]

The green card is about to get denied so you re-file as VAWA?  I don't get the progression from i-485 to VAWA.