Is it possible to withdraw a pending adjustment of status for K1?

[Delightful22 1]

My husband came to the US on K1 visa. We submitted the adjustment of status a couple months ago and it's still pending. He has been cheating since he got here I want to know if it's possible to withdraw the affidavit of support I submitted? I saw another post where someone mentioned withdraw of the approved I-129F petition before adjustment of status is approved. If anyone can please explain how to go about this or where I can go to read information on the needed steps. Also, is he able to gain status by other means if I withdraw? Thanks.

[Crazy Cat 41,990]

You can withdraw the I-864, but you MUST do it before the adjustment of status is approved.  I would contact USCIS and withdraw both the I-129f and the I-864 immediately. 

Edited August 16, 2022 by Crazy Cat

[Crazy Cat 41,990]

He can possibly adjust through VAWA under some circumstances..... but you would not be under any obligation for his support. 

[Delightful22 1]

3 minutes ago, Crazy Cat said:

He can possibly adjust through VAWA under some circumstances..... but you would not be under any obligation for his support. 

I thought vawa was only for abuse victims?

6 minutes ago, Crazy Cat said:

You can withdraw the I-864, but you MUST do it before the adjustment of status is approved.  I would contact USCIS and withdraw both the I-129f and the I-864 immediately. 

Thank you. Should I contact them via phone or send a letter?

[Crazy Cat 41,990]

11 minutes ago, Delightful22 said:

I thought vawa was only for abuse victims?

Thank you. Should I contact them via phone or send a letter?

I would submit a letter and email asap.  Give them details such as case numbers (receipt number for I-485), names, etc.  "I wish to immediately withdraw associated I-129f (receipt #) and the I-864 submitted with I-485 (receipt #)..."  I'm sure other members have ideas, too.  @Family probably has some info to add.

11 minutes ago, Delightful22 said:

I thought vawa was only for abuse victims?

Thank you. Should I contact them via phone or send a letter?

It is.  

Edited August 16, 2022 by Crazy Cat

[Family 4,090]

@Crazy Cat wording for withdrawal of I-864 and I-129 F is quite correct and civil. Most spouses who write to USCIS to withdraw support usually give very very brutal details about their No Good Cannot Keep His Vows or Pants Zipped loves 

 

Be sure it’s what you truly want 

[powerpuff 6,745]

~~ Topic moved from AOS K1 to Effects of Major Family Changes on Immigration benefits where similar topics are discussed  ~~ 

[Family 4,090]

Stay safely apart and don’t engage in heated arguments . Best to stop communication for a while and even try counseling . 

VAWA claims of abuse are supported by such angry texts from USC spouse that say” I am reporting you to immigration and you won’t get to stay in the US” ,….along with painting a picture of the USC spouse as controlling , irrationally jealous . 
 

So don’t get into fights or you may end up with DV charges .

 

If you can’t forgive, heal and move forward…withdraw and file for divorce. 
 

Is he still living in your home ? 
How will he survive if you end things overnight? 

[Delightful22 1]

1 minute ago, Family said:

Stay safely apart and don’t engage in heated arguments . Best to stop communication for a while and even try counseling . 

VAWA claims of abuse are supported by such angry texts from USC spouse that say” I am reporting you to immigration and you won’t get to stay in the US” ,….along with painting a picture of the USC spouse as controlling , irrationally jealous . 
 

So don’t get into fights or you may end up with DV charges .

 

If you can’t forgive, heal and move forward…withdraw and file for divorce. 
 

Is he still living in your home ? 
How will he survive if you end things overnight? 

Yes, we still live together. We don't really argue. I just try my best to be cool and like everything is ok. I am not rushing to do anything I just mainly want to know what my options are. 

[Pinkrlion 2,724]

If you want to withdraw the I-864, you are on a short timeline.  Do not wait until after he is approved and then say you want to separate and divorce, because you will still on the hook for his sponsorship.  

[da95826 387]

On 8/16/2022 at 12:28 PM, Delightful22 said:

If anyone can please explain how to go about this or where I can go to read information on the needed steps. Also, is he able to gain status by other means if I withdraw? Thanks.

You can withdraw i129f and affdavit of support. The I485 package the green card holder is the applicant so you can’t withdraw those applications except for the i129F and affidavit of support that are your applications for the K1 visa holder.

 

That won't stop him from getting a green card however he can modify the adjustment of status under the Matter of Sesay. K1 visa holders who get married have an option to adjust their status even if the US spouse withdraws from the case and divorces the K1 holder. He would need to hire a good lawyer to get the case through. His other option for a green card would be a VAWA case if he can prove abuse.

 

What is Matter of Sesay?  It is a special way to get a green card for people who came on K-1, fiance visas who ultimately didn't have a successful marriage.

 

[nastra30 2,309]

2 hours ago, da95826 said:

That won't stop him from getting a green card however he can modify the adjustment of status under the Matter of Sesay. K1 visa holders who get married have an option to adjust their status even if the US spouse withdraws from the case and divorces the K1 holder. He would need to hire a good lawyer to get the case through. 

 

What is Matter of Sesay?  It is a special way to get a green card for people who came on K-1, fiance visas who ultimately didn't have a successful marriage.

 

No if she withdraws I-864 affidavit of support spouse cannot successfully adjust. Matter of Sessy still requires the original petitioner's affidavit of support for adjustment to be successful. In fact this was further clarified in Matter of Song.

 

In summary - 

"Matter of Song clarifies that even if the couple is divorced, the immigrant must still submit an affidavit of support from the original petitioner to establish that he or she is not inadmissible under public charge grounds."

 

Full details here:

https://www.justice.gov/eoir/page/file/1112411/download&ved=2ahUKEwipqIPb-pv7AhXIrokEHcA6BKcQFnoECA0QAQ&usg=AOvVaw0dYNQjz6q0tCMNaqKVgtEL

Edited November 7, 2022 by nastra30

[nastra30 2,309]

2 hours ago, da95826 said:

His other option for a green card would be a VAWA case if he can prove abuse

This however, could be a possible path.