Starting divorce before interview. What happens? [merged threads]

[R. Wolfe 24]

 

We're working on an Adjustment of Status from a K-1. We are currently between the biometrics and the interview and it's become a real emotional rollercoaster.

 

What happens if we decide we are going to eventually divorce but we can't start the paperwork before the interview?

 

My assumption is that we either cancel the interview (and AoS process) or go to the interview and let them know the situation - which would likewise end the process.

I assume this would also keep the I-864 financial obligations from coming into effect.

 

Is that correct? 

 

 

[Boiler 45,368]

Pull the I 864, job done

[Boiler 45,368]

I 864 is enforceable not I 134

[R. Wolfe 24]

36 minutes ago, Boiler said:

Pull the I 864, job done

 

How does one do that?

 

 

[Boiler 45,368]

I would both call them and confirm it in writing.

[Kingdomcome84 18]

I-864 never gets enforced. especially not under this Biden Administration 

[Chancy 6,241]

3 hours ago, kingdomcome84 said:

I-864 never gets enforced

 

A quick Google search shows that the I-864 actually can (and does) get enforced in divorce proceedings, even if the federal government does not actively pursue it.  It's just a matter of the immigrant spouse hiring a divorce lawyer familiar with I-864 enforcement.  This is why VJ regulars recommend pulling the I-864 (if still possible, like in this case) when the US citizen spouse deems the marriage unsalvageable.

 

[Kingdomcome84 18]

It doesn't get enforced.

I periodically visit VJ long after my marriage failed and i've yet to see anyone comeback to complain about being bill by the govt for benefits

but i still recommend the US citizens to pull it if possible.

[R. Wolfe 24]

 

If we (or I) just don't go to the interview, then the process ends as well right? And that would prevent the I-864 financial obligations from coming into effect?

 

 

 

[Boiler 45,368]

Safer to withdraw just to be sure

[Ontarkie 14,193]

17 minutes ago, x3n said:

 

If we (or I) just don't go to the interview, then the process ends as well right? And that would prevent the I-864 financial obligations from coming into effect?

 

 

 

Being that it would not be the first time AOS was approved without an interview, that would be a really risky move.

[Pinkrlion 2,713]

Pull the I-864 and DO NOT GO to interview.  

[R. Wolfe 24]

14 hours ago, Pinkrlion said:

Pull the I-864 and DO NOT GO to interview.  

 

yeah, that's sounds like the plan - though I'm still not 100% clear on how to "pull the I-864". I assume I call the usual USCIS "help" line and say whatever the current code words are to speak to a human, then wait the hour+ on hold. After that aren't they just going to insist on speaking to the beneficiary? Or will they speak with me since it's about the I-864? 

 

I really wish they'd just use email 😕

 

 

Edited September 26, 2021 by x3n

[Boiler 45,368]

Sounds a case for an Immigration Lawyer, they will use email.

[R. Wolfe 24]

 

I suspect that if I could afford lawyers, then I could afford to keep my wife

 

Anyway, I found some solid information online about how to withdraw an I-864. In case other's came here with the same question, I'm posting the links here for reference: 

 

https://www.soundimmigration.com/withdraw-form-864-affidavit-support/

and'

https://mypathtocitizenship.com/how-to-withdraw-i-864-affidavit-of-support/

 

I'm a little concerned about the race condition between the withdrawn request being processed and the AoS interview (or lack thereof) causing the greencard to be processed - but there's nothing to be done about that other than file the withdrawal ASAP and hope the interview date is still a ways off (we've been notified that we'll soon be notified when the interview is going to be). I still find it hard to believe that they might approve an AoS even if I don't show up for the interview...