Is it possible to prevent I-485 from being withdrawn?

[I485Applicant 1]

Hello friends!

 

I have a question from a family member.

 

If I came here on a K1 Visa, got married to a US citizen, and am going to apply for an I-485 with my spouse - I heard it is possible for my spouse to withdraw my application. Is there any way to prevent that? Can I prevent my US citizen spouse from withdrawing my I-485 application before I get my green card?

[powerpuff 6,697]

No, a USC spouse cannot withdraw the I-485 because it’s not their petition, it’s the immigrant’s petition.

 

However, a USC can withdraw the I-864 affidavit of support and if that happens before the interview/approval, then the I-485 will be toast (=denied). And no, you can’t prevent a USC from withdrawing I-864 if they so wish.

Edited July 23, 2023 by powerpuff
Added info

[Mike E 11,739]

3 minutes ago, powerpuff said:

And no, you can’t prevent a USC from withdrawing I-864 if they so wish

And this is a disadvantage of K-1 compared to CR-1. @Crazy Cat

[Redro 4,611]

25 minutes ago, I485Applicant said:

Hello friends!

 

I have a question from a family member.

 

If I came here on a K1 Visa, got married to a US citizen, and am going to apply for an I-485 with my spouse - I heard it is possible for my spouse to withdraw my application. Is there any way to prevent that? Can I prevent my US citizen spouse from withdrawing my I-485 application before I get my green card?

As a K1 applicant, you can only adjust through your K1 sponsor. 
if they are no longer willing to sign an I864 for you- your only choice is to leave… 

If they sign the I864 but pull it before you’ve adjusted- your I485 will be denied. 
VAWA is an option only in cases of abuse but that is a fairly long and harrowing process.

 

[SalishSea 17,829]

41 minutes ago, I485Applicant said:

Hello friends!

 

I have a question from a family member.

 

If I came here on a K1 Visa, got married to a US citizen, and am going to apply for an I-485 with my spouse - I heard it is possible for my spouse to withdraw my application. Is there any way to prevent that? Can I prevent my US citizen spouse from withdrawing my I-485 application before I get my green card?

A marriage based AOS is a jointly filed petition, so if you married your K-1 petitioner, and they are unwilling to go through with the adjustment of status, you cannot adjust through them and must leave the US before accruing unlawful presence.

[I485Applicant 1]

18 minutes ago, Redro said:

As a K1 applicant, you can only adjust through your K1 sponsor. 
if they are no longer willing to sign an I864 for you- your only choice is to leave… 

If they sign the I864 but pull it before you’ve adjusted- your I485 will be denied. 
VAWA is an option only in cases of abuse but that is a fairly long and harrowing process.

 

 

 

42 minutes ago, powerpuff said:

No, a USC spouse cannot withdraw the I-485 because it’s not their petition, it’s the immigrant’s petition.

 

However, a USC can withdraw the I-864 affidavit of support and if that happens before the interview/approval, then the I-485 will be toast (=denied). And no, you can’t prevent a USC from withdrawing I-864 if they so wish.

 

Thank you! So a US Citizen cousin, aunt, uncle, grandparent, or friend can't sign the affidavit of support instead for an I-485 for a K1 visa holder?

[powerpuff 6,697]

4 minutes ago, I485Applicant said:

 

 

 

Thank you! So a US Citizen cousin, aunt, uncle, grandparent, or friend can't sign the affidavit of support instead for an I-485 for a K1 visa holder?

Instead of the USC spouse? No. USC spouse always remains the primary sponsor.

The whole adjustment of status is based on the marriage to a USC spouse and if they came on a K1, they cannot adjust through anybody else but the one who sponsored them on a K1. Another limitation of a K1 AOS.

Edited July 23, 2023 by powerpuff
Added info

[SalishSea 17,829]

6 minutes ago, I485Applicant said:

 

 

 

Thank you! So a US Citizen cousin, aunt, uncle, grandparent, or friend can't sign the affidavit of support instead for an I-485 for a K1 visa holder?

The reason the petitioner’s name is printed on the K-1 visa is because that is the only person through which the visa holder can adjust.   Full stop.  No exceptions.  No, grandma can’t step in to be the petitioner.

[Boiler 45,492]

Granny can be a Joint Sponsor.

[Redro 4,611]

9 minutes ago, I485Applicant said:

 

 

 

Thank you! So a US Citizen cousin, aunt, uncle, grandparent, or friend can't sign the affidavit of support instead for an I-485 for a K1 visa holder?

Unfortunately no… that would mean another petition. And cousins, aunts, uncles and grandparents, friends can be JOINT sponsors but the USC spouse is always the main sponsor and if they don’t file an I864 the adjustment will be denied. 

Here is a recent story from VJ

[SalishSea 17,829]

I think there maybe some confusion over petitioner vs sponsor.   They are not the same.   

The OP asked about petitioning (I-485) not sponsorship (I-864).

 

The only person who can sign and jointly file (with the K-1 visa holder) the I-485 petition to adjust status is the USC spouse whose name is printed on the visa itself.

[Mike E 11,739]

I do not see anywhere in I-485 where the petitioner (U.S. citizen spouse ib OP’s case) signs I-485.

[SalishSea 17,829]

16 minutes ago, Mike E said:

I do not see anywhere in I-485 where the petitioner (U.S. citizen spouse ib OP’s case) signs I-485.

Bottom line is that it is a jointly filed petition, and the applicant can only adjust through the petitioner named on the visa.

Edited July 23, 2023 by SalishSea

[Timona 4,207]

Something smells here. This is an odd question by OP

[Crazy Cat 41,846]

1 hour ago, I485Applicant said:

So a US Citizen cousin, aunt, uncle, grandparent, or friend can't sign the affidavit of support instead for an I-485 for a K1 visa holder?

No.  The marriage to the US citizen is the sole basis for adjustment of status...not just having a sponsor.  Except under special circumstances, the K-1 entrant must adjust through the US spouse. 

Edited July 24, 2023 by Crazy Cat