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What happens if the AOS petition is cancelled by the petitioner before the interview?

Is the petitioner, Signer of the 864 still responsible for the beneficiary?

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Filed: IR-1/CR-1 Visa Country: China
Timeline

usually, best way to be certain, is for the USCitizen to withdraw the I-864, affadavit of support, prior to either interview or green card issuance.

I've posted a bit on this topic, this month - let me know if you can't find my posts?

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Filed: K-1 Visa Country: Vietnam
Timeline

What happens if the AOS petition is cancelled by the petitioner before the interview?

Is the petitioner, Signer of the 864 still responsible for the beneficiary?

The US citizen cannot withdraw the AOS petition. The intending immigrant submitted the I-485, and only the intending immigrant can withdraw it. The US citizen can withdraw their I-864 affidavit of support. Without a primary sponsor, the intending immigrant cannot adjust status based on their relationship with the US citizen.

As long as the I-864 is withdrawn before the green card is issued then the US citizen is not financially responsible for the intending immigrant. The I-864 becomes enforceable, and cannot be withdrawn, once adjustment of status has been approved.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Thank you for the information.

The US citizen cannot withdraw the AOS petition. The intending immigrant submitted the I-485, and only the intending immigrant can withdraw it. The US citizen can withdraw their I-864 affidavit of support. Without a primary sponsor, the intending immigrant cannot adjust status based on their relationship with the US citizen.

As long as the I-864 is withdrawn before the green card is issued then the US citizen is not financially responsible for the intending immigrant. The I-864 becomes enforceable, and cannot be withdrawn, once adjustment of status has been approved.

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  • 1 year later...
Filed: Timeline

This is not true. Revocation of the Affidavit of support is not a formal process where the USCIS recoginizes. A friend of mine recently married and has attempted infopass in addition to sending notarized letters to the Service Centers to revoke the I 864. He was told that he had to file divorce for uscis to take any action.

If there's information or evidence to suggest otherwise, I'm willing to reverse my opinion.

**** filed K3/CR1 concurrently. My wife and I both work/live overseas. The following timeline continues from the approval of the K3 VISA.


Our journey
http://www.visajourney.com/forums/index.php?showtopic=115855

NVC rec'd 130/ assigned case# 5-15-08
Called to request online payment ID# 5-18-08
Rec'd ds 3032/AOS bill by USPS 5-19-08
Rec'd email Online ID# for payment of AOS and DS3032 5-21-08
Returned ds 3032 by USPS during wife visit to U.S. on K3--5-29-09
Paid AOS online: 7-05-09 ( While in Cambodia )
Rec'd email to pay IV bill 7-7-09
Paid IV bill online 7-08-09
Mailed I-864 2-16-10
I- 864 delivered 2-18-10
Mailed DS 230 2-22-10
Ds 230 delivered 2-24-10
AVR says "NVC is awaiting biographic info from petitioner" 2-24-10
AVR says, "NVC has received the info checklist requested." NVC HAS ENTERED DS-230 INTO COMPUTER 3-01-10
SIF: 3-08-10
AVR Case Complete: 3-09-10
Rec'd interview email/date: 3-15-10
Medical: 4-09-10
INTERVIEW( less than 5 minutes ): 4-26-10 APPROVED
Pickup Visa: 4-30-10
POE: LAX 5/31/10
Overnight REENTRY Permit app: 6/01/10
Rec'd SS: 6-10-10
Rec'd Welcome to USA Letter + Green Card Tracking #: 6-14-10
Rec'd NOA1 letter + receipt # for reentry permit: 6-14-10
Rec'd 10 Yr. GC: 6-21-10
Rec'd Bio appt for reentry permit 7-18-10 but changed to 6-28-10 thru INFOpass: 6-25-10
REentry touches: 9-6-10, 9-29-10, 10-4-10
Rec'd email Reentry mailed 10-07-10
Rec'd reentry permit 10-09-10 ( 4 mths 1 wk )

Naturalized 04/2016

Received US Passport 05/2016

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