My husband and I really haven't been getting along for a long time now. We fight constantly, he's depressed, he's homesick, he's lost all the passion I once knew in him. And he's threatened to divorce me and go back to his country on multiple occasions. We've discussed him going back to his country and take some time apart to see if it helps his homesickness/depression. But honestly as much as I hate to say it, I really think divorce is in our near future. Currently our AOS is still not approved although he does have AP documents to return.

Regarding AOS- Even though we did file the AOS would I just then have to call USCIS to notify them of a pending divorce and that is that? Would he still be able to come back with his AP even if I pulled my affidavit of support (I didn't sign anything in our initial K-1 because his country does not require that. Only in this AOS process did I file the I-864) Would I need to do anything else regarding this? Although I do not think he would even attempt to return here and try to live on his own in the US. He isn't in it for the green card.

I'm really crushed over this and do not want to divorce. I know I've posted here a few times in the past about divorce because he's threatened me so many times with it, but I never thought it was actually going to happen. I thought he would come around and stop acting this way but he just hasn't. We've both come to our breaking point and something needs to change or we need to separate. I've tried everything I could possibly do to make our marriage work but he just was never happy here.

Notification of an impending divorce is not necessary. Unless your AOS case was transferred to California, you'll have until any AOS interview to simply not go or to withdraw the I-864, effectively halting any adjustment to permanent resident status. If your AOS case was or is transferred to California, your available time fram will shrink and more pro-active withdrawal notification will be required.

Unless your husband intends to remain and reside pemanently in the US, most (really all) of the immigration issues you raise become moot.

Notification of an impending divorce is not necessary. Unless your AOS case was transferred to California, you'll have until any AOS interview to simply not go or to withdraw the I-864, effectively halting any adjustment to permanent resident status. If your AOS case was or is transferred to California, your available time fram will shrink and more pro-active withdrawal notification will be required.

Unless your husband intends to remain and reside pemanently in the US, most (really all) of the immigration issues you raise become moot.
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Hi - I'm kinda in the same boat -- the only difference is that my ex (papers signed) has decided ohhh it would be good for him to stay here.....

Now - our interview was on March 26th and I did not go. He is here on the K3 visa --- how long will I be responsible for him (ie the I864)?

I do have an Infopass appointment this week -- I was just curious if anyone new the cold hard facts.

The entire situation has devastated my children, my family and myself --- didnt expect it to be like this but

Such is life ......

Any information is greatly appreciated.

Malarie

If there is no interview and AOS approval the I-864 will not take effect but if he's not going to adjust, a letter withdrawing the I-864 will cover you.

Perhaps this might be viewed by some as an unorthodox position for me to take, but I have to say that I am perplexed to see how casually people take and misunderstand the obligation of the Affidavit of Support ! What makes this case eligible for withdrawal?

The USC may withdraw the I-864 before AOS is approved with or without cause. In a K visa case the AOS is based on a bona fide marriage. AOS would be denied for no other reason than the USC not showing up for the interview. No AOS, not I-864. No I-864, no AOS. (in a K visa case)

Right, but I think it bears repeating that to withdraw an I-864 is reserved for extenuating circumstances. The 'no show' at an interview accomplishes the same thing, no? As would attendance at an AOS interview with a declaration that the marriage is no longer viable.

In general, the "extenuating circumstance" would simply be the failure of the marriage before permanent resident status is granted. It could also be a change in plans like somebody gets a great job overseas and the couple wants to end the AOS process to avoid abandoning permanent residence. They'll just begin again when permanent residence is in the cards.

The fact that simply failing to show up for the interview will accomplish the same end tends to bear out the reality that nothing particularly "extenuating" is needed. An I-864 only becomes relevant when combined with permanent resident status.

Extenuating circumstances become a major factor AFTER permanent residence is granted and then it's a maybe.

My point is "what is there to withdraw, if by your explanation, the I-864 only becomes relevant when combined with permanent resident status?" I am not arguing semantics here, but in reality if an AOS submission has been made, accompanied by an I-864 (which incidentally will not become active until approval of said application)then notification that the marriage is no longer viable, and a request to withdraw one's endorsement of the application submitted by the alien would be all that is necessary.

How does the USC spouse provide "endorsement of the application"?

Answer: By supplying an I-864 and in no other way.

So, what is withdrawn is the I-864.

I don't see the purpose of referring to some phantom "endorsement" when the USC's only part in the filing is an I-864 and its supporting documents.

Also, I see no "extenuation circumstances" in your latest described scenario, which, of course was the point we were discussing.

So, back to square one. If the USC may withdraw the I-864 before permanent residence is granted, period. No explanation or justification is required. A simple letter of withrawal will do the trick.

Really? So the USC's sole involvement in the AOS submission is to supply the I-864, you say? So the USC does not provide evidence of shared assets, shared liabilitites, shared account statements, the USC does not commingle funds, nor does the USC provide documentation of the bonafides? And the USC does not provide the initial petition for the Alien Relative, where applicable, I suppose too, pushbrk? And while the submission is made by the alien, it is only made possible because there is a viable marriage to a USC. The "absence" of something that would prohibit adjustment, makes it possible. The absence of a declaration by the USC that the marriage is not viable.

By the way, nice trick of not answering the questions posed, pushbrk...you've got a real knack!

As to the extenuating circumstances....."withdrawal" of an Affidavit of Support is only necessary when the Affidavit is extant. Prior to that any sponsor, could simply inform USCIS of his or her interest in not sponsoring the petition/application, whatever the case may be. It becomes necessary to request that it be "withdrawn" when it is bound to the application...and those circumstances would be reserved for situations when a USC discovers that the intentions were never bonfide.

I haven't a clue what question I didn't answer. I attempted to explain six ways from Sunday that a simple letter from the USC asking to withdraw the I-864 would be sufficient to halt action on the AOS process and render the affidavit moot. No extenuating circumstances or explanation is required.

Evidence of bona fides are available and submittable when such evidence exists and can be submitted with or without the assistance of the USC or not at all until the interview. The sole "required" participation in the filing is the signed I-864 and supporting documentation of income and/or assets.

As usual, I'm baffled as to what we are debating. If semantics, what semantic.

Before, AOS is complete the I-864 can be withdrawn even if the original intentions of the alien spouse were bona fide and even if the couple had several months of marital bliss before the marriage unravelled.

AFTER AOS, is when original intentions become a factor in potentially withdrawing the affidavit. It seems we've beat this horse before.

I'm baffled that you could not see what it is I am saying

I guess I'll have to resort to an analogy.

Your recommendation of using the "withdrawal" of an Affidavit of Support prior to AOS being adjudicated is the equivalent of a person using a fire extinguisher to blow out a Birthday candle!

sooooo...sorry to interrupt your argument but basically I just withdrawl my support and that is that?

No. Just inform them that your marriage is terminating in divorce and that you do not wish to sponsor or remain active in his immigration process anymore.

Yes, that will do. When you tell them you do not wish to sponsor...they'll get the message you're withdrawing the affidavit of support. You see, you can't prevent your spouse from getting a green card by any other means available (few and far between) but you can protect yourself from being obligated as a sponsor. This is particularly important because the AOS case could get transferred to CSC and approved without further input from you.

I prefer and recommend focusing on the one candle in the cake that has the potential to explode, rather than using a broad wind that could fail to accomplish the primary objective.

As usual, we're just taking two different approaches, each of which will work just fine. Take your pick.

I must say, it's been a bit more interesting than debating the difference between maybe and maybe not.