Is it possible to prevent I-485 from being withdrawn?

[Crazy Cat 41,845]

4 minutes ago, Old_Glory said:

I think you’re quoting the wrong person. I’m a citizen. 

Oh...Ok.  Sorry.  I had other tabs open.  quoted wrong comment....LOL....My mistake.

Edited July 24, 2023 by Crazy Cat

[Mike E 11,739]

1 hour ago, SalishSea said:

Bottom line is that it is a jointly filed petition

it is not. 

1 hour ago, SalishSea said:

and the applicant can only adjust through the petitioner named on the visa.

Complete agree with that part.

 

U.S. citizen sponsor can cause I-485 to be canceled by withdrawing I-864. Or,  refuse to attend an I-485 interview, assuming there is one.

[Timona 4,207]

1 hour ago, Old_Glory said:

Well my first 4 years in the US were in the swamps of South Louisiana; in some cases marriage was literally a family affair. 

 

You are missing the other 6 southern states. 

[SneakyPete 75]

3 hours ago, Mike E said:

Or,  refuse to attend an I-485 interview, assuming there is one.

According to Matter of Sesay I do not believe that part is true. As long as I-864 was not withdrawn by original petitioner, LPR status can be granted even

if couple is divorced as long as marriage within 90 days did happen.
 

[Mike E 11,739]

1 minute ago, SneakyPete said:

According to Matter of Sesay I do not believe that part is true. As long as I-864 was not withdrawn by original petitioner, LPR status can be granted even

if couple is divorced as long as marriage within 90 days did happen.
 

I am well aware of that case.

 

I missed the part where OP is divorced. OP referred to a spouse not an ex.

 

I’ve contributed all I can, and I don’t wish to argue or bicker, so I won’t post more in this thread. 

[Family 3,988]

7 hours ago, I485Applicant said:

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

Since you say “ I am going to file I-485..” I will assume you came in to US very recently…

Is your husband refusing to help you file ? ( as in pay USCS filing fee, sign I-864 and give his tax returns and financials…?)
 

Is your relationship/ marriage in trouble ( ex USC wants to send you back to home country) ..or are you just worried?

 

If you have not filed the I-485 yet and husband wants out of the marriage already, he can still contact/write USCIS and withdraw his I-129 F , tell them marriage won’t survive ….maybe claim he  was used for a green card or other such stories.

 

So are you still living together ?
Is husband threatening divorce?

When did your I-94 expire?
Most importantly, did you already prepare the I-485 packet and send it out?

[Family 3,988]

52 minutes ago, SneakyPete said:

According to Matter of Sesay I do not believe that part is true. As long as I-864 was not withdrawn by original petitioner, LPR status can be granted even

As I understand it, K-1 spouse  need a new basis to adjust ( a new USC husband)..a bit premature since OP just married ..and not sure bonafides would pass either @Timona’s infamous test or USCIS threshold…for what I presume is a very short lived marriage. Add to that the fact that when a USC pet/spouse “ withdraws “ anything ( I-130 , I-129 F) ..the first thing they pull is financial support…

Hopefully OP clears up a few details.

 

[Demise 1,283]

17 hours 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?

Spouse can withdraw I-864 and without that the AOS is toast and you can't really replace that. Like you can't have some other sponsor take it over.

 

Still, I need to ask what prompted this question? Are you worried about something specific?

 

9 hours ago, Family said:

As I understand it, K-1 spouse  need a new basis to adjust ( a new USC husband)..a bit premature since OP just married ..and not sure bonafides would pass either @Timona’s infamous test or USCIS threshold…for what I presume is a very short lived marriage. Add to that the fact that when a USC pet/spouse “ withdraws “ anything ( I-130 , I-129 F) ..the first thing they pull is financial support…

Hopefully OP clears up a few details.

 

K-1s can actually adjust via the marriage to the original petitioner despite a divorce if the basis for adjustment is the I-129F (Matter of Sesay), the thing is that would still require cooperation from the original petitioner in not pulling the I-864. Getting a new husband actually won't work for AOS since K-1s and K-2s can only adjust via marriage to the original petitioner (this can be the original I-129F, an I-130, or a widow(er) or VAWA I-360).

In cases where K-1 enters and ends up marrying someone else you actually have to proceed as if you entered without inspection with the caveat that a VAWA I-360 still wouldn't let you adjust and you'd need to do consular and seek exemption from the unlawful presence bar if applicable. Same thing with K-2s, just for parent's marriage.

Edited July 24, 2023 by Demise

[Family 3,988]

1 hour ago, Demise said:

K-1s can actually adjust via the marriage to the original petitioner despite a divorce if the basis for adjustment is the I-129F (Matter of Sesay), the thing is that would still require cooperation from the original petitioner in not pulling the I-864. Getting a new husband actually won't work for AOS since K-1s and K-2s can only adjust via marriage to the original petitioner (this can be the original I-129F, an I-130, or a widow(er) or VAWA I-360).

In cases where K-1 enters and ends up marrying someone else you actually have to proceed as if you entered without inspection with the caveat that a VAWA I-360 still wouldn't let you adjust and you'd need to do consular and seek exemption from the unlawful presence bar if applicable. Same thing with K-2s, just for parent's marriage.

Edited 1 hour ago by Demise

Both you and previous poster are right . ..and  new basis won’t help a divorced K-1 spouse. Thanks for refresher..nothing is possible with an uncooperative USC ex, as @Mike E pointed out.

 

If OP has not filed yet..she is out of luck anyway 

 

Divorce Prior to Filing Form I-485 While in K-1 Status

The likelihood of losing residence in the U.S. increases dramatically if a K-1 visa holder divorces their sponsoring spouse before filing Form I-485. The fiancé must leave the country, as there is no way to apply for a green card in this circumstance.

 

https://www.prideimmigration.com/what-happens-if-i-am-divorced-on-a-k1-visa/

[nastra30 2,284]

In all events, matter of Sesay or not, all roads still lead to the I-864. Whether in marriage or in divorce, it doesn't matter. If petitioner pulls the I-864, the K1 beneficiary is toast, they won't be able to adjust.