Question about pulling Sponsorship

[BobbyBoy 0]

From what the USCIS told me this morning, the I-864 has been approved but the I-485 is still pending a decision. They told me that because the I-864 was already approved, there was nothing they could do for me. I do not understand how this can be true

[milimelo 4,729]

From what the USCIS told me this morning, the I-864 has been approved but the I-485 is still pending a decision. They told me that because the I-864 was already approved, there was nothing they could do for me. I do not understand how this can be true

Actually, as the I-485 still hasn't been adjudicated (pending), you can pull the I-864 now. Don't know who you spoke with, but you don't want any advice from the first person you get at the 1-800 USICS hotline. You want to ESCALATE the call to 2nd tier Immigration Officer - they know what they're talking about.

[sachinky 465]

Some people feel it's 'bad form' to mix immigration 'stuff' with 'infidelity in marriage stuff' with 'divorce stuff'. I'm not one of those. Her immigration status is based on marriage (to you), and if the marriage goes south due to infidelity, why maintain any immigration benefit?

I agree 100% with this. It is my understanding that the green-card is a privilege accorded NOT to me, but to my USC husband, to have his spouse live with him and be able to work. If our marriage goes up in flames, then there is no reason for me to derive any sort of immigration benefit.

Edited October 8, 2010 by sachinky

[Darnell 8,479]

From what the USCIS told me this morning, the I-864 has been approved but the I-485 is still pending a decision. They told me that because the I-864 was already approved, there was nothing they could do for me. I do not understand how this can be true

I'll bet you 2 volvo wagons that the I-864 can be withdrawn prior to Adjustment of Status Approval, regardless of any I-864 status.

Oh lets make it interesting, too -

Wagons from the Benelux, LHD, turbo diesel engines, not sold in the USA.

---

If you 'called USCIS' and 'got this answer' from the 'first human you spoke to' -

wei -

that was a CSR - and they are braindead - see http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm#5

Edited October 8, 2010 by Darnell

[sachinky 465]

As long as the I-485 has not been approved, you can pull the I864 any time. Send in a notarized letter to that effect stating that you no longer wish to continue this marriage (if this is, in fact, your decision).

Pull it now. Run while you still can.

[BobbyBoy 0]

I'll bet you 2 volvo wagons that the I-864 can be withdrawn prior to Adjustment of Status Approval, regardless of any I-864 status.

Oh lets make it interesting, too -

Wagons from the Benelux, LHD, turbo diesel engines, not sold in the USA.

---

If you 'called USCIS' and 'got this answer' from the 'first human you spoke to' -

wei -

that was a CSR - and they are braindead - see http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm#5

Aha... See, this whole process has been somewhat convoluted to me because I have been working my tail off while going to school full time. I have kept up with as much of the paperwork as possible but have mostly left my wife in charge of working on her visa/green card because she does not have a job or go to school.

As for the first CSR being brain dead, yes, I believe that is absolutely true. She was a recording machine with a pulse. I asked to speak to her supervisor but was told to call back in a couple of hours as none of her superiors were available at that time. Of course, I don't have all day to just keep calling USCIS, so I ended my conversation with her and came here to ask y'all for advice. Thank you for the information, it would have taken me forever to figure out there were Tier 1/2 CSRs.

I still have not decided what my final decision is... Everyday I talk to her, she seems more willing to be honest with me and is actually making an effort to restart our relationship. Because we did, at one time, have a great relationship.

[VanessaTony 3,567]

Aha... See, this whole process has been somewhat convoluted to me because I have been working my tail off while going to school full time. I have kept up with as much of the paperwork as possible but have mostly left my wife in charge of working on her visa/green card because she does not have a job or go to school.

As for the first CSR being brain dead, yes, I believe that is absolutely true. She was a recording machine with a pulse. I asked to speak to her supervisor but was told to call back in a couple of hours as none of her superiors were available at that time. Of course, I don't have all day to just keep calling USCIS, so I ended my conversation with her and came here to ask y'all for advice. Thank you for the information, it would have taken me forever to figure out there were Tier 1/2 CSRs.

I still have not decided what my final decision is... Everyday I talk to her, she seems more willing to be honest with me and is actually making an effort to restart our relationship. Because we did, at one time, have a great relationship.

It is of course 100% up to you BUT I see this often. People think nothing is wrong and then BAM! their S/O leaves them for someone else. A girl thought her relationship was great until a week after her husband got his 10 year GC. He left her for the girl at work he'd been having an affair with. She had no idea what was going on.

Others have found out by reading emails after their S/O is gone that this was the plan all along. One girl found out her fiance (luckily just fiance at that stage) had 2 other ex wives and 3 other kids... she had no idea. Moral of the story - people lie.. ALL the time. You've found out she's perfectly capable of it, and convincingly I'm sure till you discovered it...

it's risky. Pull the I-864 and she could be telling the truth now and be so hurt you're not willing to give her a go that she leaves you anyway (she'll be in her country then). Not pull the I-864 and she leaves you and now you're on the hook for it. Be wary though - she can claim abuse, have you arrested and end up with a GC... that too happens a lot more than you realise.

[SPSguy 18]

Bobbyboy,

Please do me a favor, and yourself a favor, pull the plug today. Make today the deadline before you begin to blame yourself for her wrong doings.

The tone of your writing suggests that you are very nice person. There can be no greater disloyalty or greater lie than from the one that you sleep with at night.

The trust factor has been eliminated. Very few people will ever change --- for long.

God bless your kind heart, but take action now. You made a mistake by marrying her, you must accept this as reality and move on.

Edited October 12, 2010 by SPSguy

[Darnell 8,479]

I have just realized that I made a mistake in some of the information I have provided here. The I-864 (Affidavit of Support) was filed with the I-130 for her K-3 visa. That AOS was approved. So, unfortunately, if I am reading this correctly, I have no choice now and am stuck with her continuing forward in her I-485 (Application to Adjust to Permanent Resident Status) process. Is this correct?

Usually, for a K-3, there is not any I-864 - but there is an I-134 -

it's the same form title (Affadavit of Support) , used for different visa types

and

the I-134 filed with a K-3, is not enforceable in the same fashion/manner that the I-864 is.

So, recheck what's what.

For any I-130/CR-1 process - I-864 filed to NVC and sometimes a new version with updated info is shown on interview day.

for any I-130/K-3 process (No CR-1/IR-1 visa granted on interview day) - this is usually an I-134 submitted on interview day, UNLESS the US Embassy / IV unit has OTHER instructions for you, requiring you to submit an I-864 instead of the I-134. This can vary by Embassy / Consulate -

so - check it?

What's what?

If you really / truly submitted the I-864 with the initial I-130 submittal, I'm terribly sorry, that wasn't the right thing to do, no where in the instructions does it say to do this.

Edited October 12, 2010 by Darnell

[BobbyBoy 0]

We now have an interview date approximately one month from now...

Because of recent events, I am sad to say that I do not believe the relationship is going to work out. This is one of the worst feelings I have ever felt.

[Deputy Purple 1,294]

We now have an interview date approximately one month from now...

Because of recent events, I am sad to say that I do not believe the relationship is going to work out. This is one of the worst feelings I have ever felt.

In light of the recent changes, the interview date is a good thing as she can't get approved without it now. This give you time to pull your support of her Adjustment by giving written notice that you wish to revoke your Affidavit of Support.

[NickD 203]

We now have an interview date approximately one month from now...

Because of recent events, I am sad to say that I do not believe the relationship is going to work out. This is one of the worst feelings I have ever felt.

If you really want to know about living hell on earth, try being married to a person you cannot trust, been there, done that, not only with infidelity, but in financial matters as well, can drive you into the poor house quick. Trust, full complete trust in that person is key to a good relationship, and trust only comes with time. My wife, such a dear, even after six years of marriage, trust her with my life, but she also had a bad marriage, but even with our love at first sight, counting on my fingers, we dated and were in constant contact for two years and seven months before we saw the judge. I was all set to marry her in the first year, thank you, USCIS for that additional one year and seven months, but we never broke up or had problems with each other, but worked hard to be together. Still can't believe she is here, but that is the way it should be.

Came to the conclusion that you cannot depend on the Holy Spirit to make a debatable relationship good and definitely not on the USCIS giving their approval for your marriage that will last. If anything, instead of protecting the US citizen in the event of fraud, they will try to hang you. In this respect, screw you, USCIS, what in the hell are you good for? Certainly not protecting the US citizen, and yes, once that green card is issued, many have got nailed, not only with a divorce cost, but stuck with that I-864 as well that can burden you for the next ten years.

Other little tidbits I learned the hard way, if there are things about your prospective you want to change, even the slightest bit of doubts, if your eyes stray looking at others, drop it, and keep on looking. Sounds like you have your doubts, keep on looking is all I can recommend, and don't feel bad about it, if you think its hell now, you don't even know what you are in for in the future. How about working your #### off night and day for eight years to clear yourself of all those divorce debts.

[AlinaH 38]

If I pull my sponsorship (I-130) of my spouse (who is on a K-3 visa), can the process be restarted?

I feel like I'm being used for my spouse to gain a green card... And I have pretty concrete evidence of this fact (she was caught cheating, and now we are trying to repair/save the relationship). But when it was brought up, she denies it. If she really cared about the relationship, she shouldn't mind starting the process over, right?

My advice is to read this thread:

http://www.visajourney.com/forums/topic/278501-divorce-after-1-month-in-uslong-sad-story/

Maybe it doesn't all totally apply to you, but while reading your situation, it reminded me of this other guy's story. He was told that he did the right thing by calling immigration so soon and letting them know of the problems and the fact that he wanted to divorce and end the process. If he hadn't done it when he did, she could easily call before him and claim abuse and get her green card without you. So, if you think this isn't going to work, DEAL WITH IT ASAP! You don't want to give her the chance to get her story in there before yours.

[HYENA 4]

First: Thank you all for you replies. This helps immensely.

I'm still not sure if I am going to pull the sponsorship just yet. Its up in the air at the moment and I need some more time to see if things are going to change or if she's going to continue doing what she has always been doing.

The I-485 was recently transferred from California to Missouri... Is that a sign that the green card could be issued soon? I really hope that there is an interview process, that way I have a firm deadline of when I can make my final decision. But I read that the California Service Center can just approve it and mail her the green card without any interview Anyone have any insight on this?

You hit the nail right on the head when you said, "I would never wish this on anyone." That has been exactly my thoughts since I found out. She has caused me some seriously intense emotional pain.

And I agree that her green card is a benefit of being married and faithful to me. If she cannot fulfill her side while I have, why should she benefit?

stay married and file no more papers. at some point you'll want to visit her home country (and she cannot return)

[Malarie 0]

I have just realized that I made a mistake in some of the information I have provided here. The I-864 (Affidavit of Support) was filed with the I-130 for her K-3 visa. That AOS was approved. So, unfortunately, if I am reading this correctly, I have no choice now and am stuck with her continuing forward in her I-485 (Application to Adjust to Permanent Resident Status) process. Is this correct?

From personal experience ..... If you do not go to the AOS interview she cant adjust and once your divorce is final and IF you havent adjusted her status her visa is no longer valid ... no marriage = no valid K3 visa = the I864 is no longer valid. I would of course follow up with a formal withdrawl of everything just for kicks and giggles but I know for a fact this is how it works

If you have any doubts whatsoever please dont attend the interview!!

Good Luck

Edited November 14, 2010 by Malarie