Sorry but I am full of questions and I apologize if I'm not souding coherent. From what I understand, I can't cancel the I-485 because it is technically his petition, correct?? However, once the I-864 has been cancelled, it makes the I-485 obsolete, correct? Also, what about his I-765? Will that still be valid for the rest of the year? I am pretty sure that I can prove fraud, so what will happen to him and how quickly will it happen?

You are correct... you can not cancel his I-485 but once you have withdrawn your I-864 he will no longer be able to do AOS.... as he will not have a valid claim to AOS then his EAD will be revoked and he will no longer be Employment authorized...

Any info that gets passed to ICE, it will be up to them what they do... no one can tell. but you will no longer be responsible for him even if he stays illegaly in the US...

Kez

In the case of the K-1, it doesn't matter. You can still, as the sponsor, (of the petition for alien fiancé) request to remove your endorsement of the whole process. Remember without a viable marriage, there is no basis for PR for the alien.

This isn't entirely correct. Although the submission of the I-485 is the alien's, it is only made possible by way of the approved I-130 petition and a viable marriage. The I-130 is the US citizen's petition and can be withdrawn at any time, upon request, and most certainly when the US citizen alerts USCIS that the marriage is no longer viable and that she suspects fraud, and believes that she will be able to demonstrate that to USCIS.

She should request that the I-130 and any other endorsements she has made for her alien husband (to include the I-864 and the pending AOS I-1485) be withdrawn. She should do so in writing, to both the Service Centre and the local office and mail them both requesting a return receipt and IMMEDIATELY (so as to reach them before any approval notice might be mailed). Once the AOS case has been approved revocation of PR becomes a little more diifficult.

This isn't entirely correct. Although the submission of the I-485 is the alien's, it is only made possible by way of the approved I-130 petition and a viable marriage. The I-130 is the US citizen's petition and can be withdrawn at any time, upon request, and most certainly when the US citizen alerts USCIS that the marriage is no longer viable and that she suspects fraud, and believes that she will be able to demonstrate that to USCIS.

She should request that the I-130 and any other endorsements she has made for her alien husband (to include the I-864 and the pending AOS I-1485) be withdrawn. She should do so in writing, to both the Service Centre and the local office and mail them both requesting a return receipt and IMMEDIATELY (so as to reach them before any approval notice might be mailed). Once the AOS case has been approved revocation of PR becomes a little more diifficult.

FYI, one can request a petition be withdrawn but if it has already resulted in a visa and/or green card, a withdrawal request won't release you from the I-864 obligation. Frankly, I don't see such a request having any practical meaning or impact at all after visa/green card issue.

Well, it (the request to withdraw endorsement of a petition for an alien) has a very practical meaning and purpose if one learns that the alien's sole motivation was to gain PR.

Please, let's not argue. This is an old thread. The petitioner action you refer to entails more than the simple "I-864 withdrawal request" one would make before permanent residence status is granted. Perhaps a discussion of those actions and when they can be relevant would be quite enlightening. If you think such an action is relevant, please provide any advice to the OP, you think will be helpful. My statement is a true one but is not the same as the petitioner actions to which you refer.

FYI, one can request a petition be withdrawn

but if it has already resulted in a visa and/or green card, a withdrawal request won't release you from the I-864 obligation.

Frankly, I don't see such a request having any practical meaning or impact at all after visa/green card issue

I wasn't arguing, thank you. I was correcting your misinformation.

Let's get some facts straight....

Yes, that is accurate

This is not accurate and therefore not true. If a request to withdraw one's endorsement on an alien's petition that resulted in a green card is accepted (in other words accompanied by sufficient substantive evidence to support the request) it will result in the obligation under the I-864 being released.


Inaccurate again. If the alien is conferred status through the marriage-based process, withdrawal of endorsement by the USC petitioner would result in the alien's loss of status, and the petitioner being let off the hook for the Affidavit of Support. Significant impact.

By the way, on a personal note, why is it that if anyone adds to something you've written (note that I didn't state that what you wrote was wrong in my first quote) I simple placed more accurate information around it, you consider that I am arguing? Are you that sure of yourself that you think your word is everything and that if someone doesn't agree with you in totality that they are being impudent? That really bugs me!