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

[Boiler 45,362]

A lawyer could be dirt cheap compared to the possible cost of an active I 864

[R. Wolfe 24]

 

If at the time of our AoS interview we (or I) have decided to pursue a divorce, is our marriage still "bona fide" by USCIS standards? 

 

Things were good at first but have been bad, and growing worse, for a long time now. We are cohabitating and all that but also I'm quite confident that, at this point, she's only with me for the greencard and will demand a divorce or falsify a VAWA report as soon as she can do so without jeopardizing her status.  I would assume this is not be a bona fide marriage any longer, but am not certain exactly what the USCIC criteria are.

 

I am preparing to withdraw the I-864 Affidavit of Support but am concerned the request may not process before the interview date and USCIS may somehow approve the adjustment.

 

 

[Just Paul 4,595]

At his stage you issue is more about withdrawing the I-864 and terminating the marriage than whether it is /was a bonfire marriage.   Try to pull the I-864, withdraw the AOS petition and have a heart to heart talk about her moving back.   I'm sure she is feeling it too.

[R. Wolfe 24]

 

Is withdrawing the AoS the same process as withdrawing the I-864? That is, send something in writing to the USCIS (Cali processing center + local office in Pittsburgh in our case)?

 

 

 

 

[HRQX 4,145]

21 minutes ago, x3n said:

Cali processing center + local office in Pittsburgh in our case)?

CSC just processed the I-129F. After you sent the AOS forms to the Chicago Lockbox they initially went to NBC and then the I-485/I-864 is sent to the local office.

Edited September 30, 2021 by HRQX

[TBoneTX 45,072]

Similar-themed threads have been merged.  Please confine further questions to this thread.

[TBoneTX 45,072]

A post has been removed by request of its author, as have posts commenting on it.

[R. Wolfe 24]

 

I'm a little confused about withdrawing the I-864 vs the I-485. I would think that the same letter could request the withdrawal of both since they need the same info and go to the same place?

 

It also kind of seems like I could just hand that letter to the person at the interview since that's where I'm mailing them too (awkwardness of doing that with my soon-to-be-ex in attendance aside).

Edited September 30, 2021 by x3n

[Boiler 45,362]

I thought the beneficiary files the I 485?

[Chancy 6,241]

27 minutes ago, x3n said:

I'm a little confused about withdrawing the I-864 vs the I-485. I would think that the same letter could request the withdrawal of both since they need the same info and go to the same place?

 

You, the USC, cannot withdraw the I-485 because it is not your application, even though you filed the petition on which the I-485 is based.  In your withdrawal letter, do NOT request to withdraw the I-485.  USCIS will ignore your request.  You may only withdraw the I-864 as you are the signatory for that form.

 

27 minutes ago, x3n said:

It also kind of seems like I could just hand that letter to the person at the interview since that's where I'm mailing them too (awkwardness of doing that with my soon-to-be-ex in attendance aside).

 

No point attending the interview if you are pulling the I-864 anyway.  The I-485 will be denied if you do not attend.  Just make sure you mail the I-864 withdrawal letter to the USCIS SC/LFO, as it's possible for the I-485 to be approved without interview.

 

Edited September 30, 2021 by Chancy
typo

[R. Wolfe 24]

 

Ok, good to know. Thank you - I would have messed that up for sure.

I am concerned about the I-485 being approved even if I don't go to the interview - but hopefully the I-864 withdrawal request will get to the local field office well ahead of the interview date (in which case I assume they'll cancel the interview and let us know).

 

 

[R. Wolfe 24]

I mailed I-864 withdrawl requests to both the USCIS office in CA and the local one (where the interview would be). I sent them certified mail and also asked in the letter that they confirm with me that the form was withdrawn. It's a really emotional step to take. I don't particularly want to ruin my wife's shot at getting a greencard, but it's clear that's all she is in the marriage for and that she would file for divorce as soon as she could do so without jeopardizing the card. So, given the circumstances, it just didn't make sense to stay financially obligated to her indefinitely. I wish cicumstances were otherwise.

 

 

For reference, on Sept 14th we received the email that USCIS was ready to schedule our interview and that they would let us know. By Oct 7th we had still not received that notice, so I believe that the withdraw should get to the local office with time to spare. If we do get an interview notice before I get confirmation of the withdrawl, then I'll have to decide what to do.

[Ontarkie 14,193]

Being ready to schedule interview can be months before they do. hopefully this is the case for your wife too. 

 

Many members have advise members in your situation to also fax in the withdrawal letter to the local office. 

 

 

[R. Wolfe 24]

Today (October 25th) our case status updated to say that our interview has been scheduled (with details to follow via mail). So, apparently, they have not yet processed the request to withdraw the I-864 Affidavit of Support  😕

 

I'm not sure what to do as my wife has abandoned the marriage, but I'm sure she received the same notice. Since people say they might grant the adjustment of status (and so activate the I-864) even if no one shows up, I guess I should go to the interview with another copy of the I-864 withdrawal request and also explain in person that we do not have a bona-fide marriage?

[SusieQQQ 11,586]

On 9/23/2021 at 11:56 PM, kingdomcome84 said:

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.

 

On 9/23/2021 at 7:46 PM, kingdomcome84 said:

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

So it’s never been enforced, at least for the “long” time you’ve been looking at it, yet somehow it’s because of Biden? 🙄