Cancellation of affidavit of support

[Que Saudade 284]

My thought is he staged VAWA with the aid of someone gender appropriate.

I agree. This is why she should schedule INFOPASS and discuss this as soon as possible with USCIS.

[Anh map 2,098]

Lots of speculation and such in this thread. Prior to the approval of the adjustment of status the USC spouse can withdraw the already filed affidavit of support. The USC spouse would want to do this is writing, not only verbally.

The letter is likely a standard response informing the applicant that they need to supply another sponsor.

If the USC spouse believes there is immigration fraud, and can provide proof, they should contact ICE. Also, the USC spouse should have zero contact with the immigrant to prevent any sort of VAWA claim.

Sounds like the OP should also be taking steps to initiate divorce proceedings. Given the circumstances, it may be worthwhile getting input from a qualified immigration attorney as well as family law attorney.

[Impossible 30]

To answer some of the questions posted here, We are indeed still married. When I withdrew my petition it was actually done by an immigration lawyer. My lawyer was pretty far into the AOS process he has received his work auth and ability to travel docs. I might seem a little vague on the forms, but that is because I have used a lawyer through this whole process. I also know that his work Auth expires 30 days from the withdrawal notification. I asked the question about a new sponsor because it makes me confused as to why he would have other options to stay once I withdrew his application. Honestly I dont care if he stays or goes, that is decided by immigration not me, I just want to make sure I am free and clear of any liability of him in the future.

Someone had mentioned the fact that he could have started a VAWA case, if this is true would I have not heard anything about it?

[NigeriaorBust 4,087]

Unlike a court of law, VAWA is judged solely on the value of what is submitted by the petitioner. The wouldn't contact you.

[JohnR! 5,495]

To answer some of the questions posted here, We are indeed still married. When I withdrew my petition it was actually done by an immigration lawyer. My lawyer was pretty far into the AOS process he has received his work auth and ability to travel docs. I might seem a little vague on the forms, but that is because I have used a lawyer through this whole process. I also know that his work Auth expires 30 days from the withdrawal notification. I asked the question about a new sponsor because it makes me confused as to why he would have other options to stay once I withdrew his application. Honestly I dont care if he stays or goes, that is decided by immigration not me, I just want to make sure I am free and clear of any liability of him in the future.

Someone had mentioned the fact that he could have started a VAWA case, if this is true would I have not heard anything about it?

In that case, you really need to talk to your lawyer so he can advise you on how to proceed. We may give you lots of opinions here but a lawyer will be able to give you legal advise best suited to your circumstances. I do not wish to seem dismissive, so much as. I am pointing out a legal option for your situation.

[missphilly 1]

So most of you know my story. In brief my husband came here on a K1 visa, we married and while waiting for AOS once he thought his paperwork was set he left. I didn't know where he was and the only communication at first was nasty texts from him. He changed his address and was living in an unknown location. Since then I do know where he is but I did cancel my affidavit of support. My question is, when his paperwork came in notifying of the cancellation, they gave him 30 days to find a new sponsor and respond to there notice. Is this normal for him to come on a K1 and now be able to find a new sponsor? If so, then there is something so wrong with this system!

That is something wrong yeah.... When was your AOS started? that is completely messed up.. He put you in danger situation....

[GGG1975 9]

So most of you know my story. In brief my husband came here on a K1 visa, we married and while waiting for AOS once he thought his paperwork was set he left. I didn't know where he was and the only communication at first was nasty texts from him. He changed his address and was living in an unknown location. Since then I do know where he is but I did cancel my affidavit of support. My question is, when his paperwork came in notifying of the cancellation, they gave him 30 days to find a new sponsor and respond to there notice. Is this normal for him to come on a K1 and now be able to find a new sponsor? If so, then there is something so wrong with this system!

I'm just sorry to hear that your love story did not work-out. I hope you will be able to heal and move forward. In regards to the system, I don't think it's flawed, I think we are. I'm sure when you were going through the process you could not wait to be together in the US. Don't blame the system and don't blame yourself for opening your heart. I think you should move forward in getting your marriage annulled or a divorce based on abandonment and don't worry about him or what he's doing. Make your report to immigration and move forward.

And I would highly recommend calling immigration to get your questions answered. I'm sure you 're not the first or the last person to call them about this matter. Many blessings and peace.

[del-2-5-2014 1,339]

I'm just sorry to hear that your love story did not work-out. I hope you will be able to heal and move forward. In regards to the system, I don't think it's flawed, I think we are. I'm sure when you were going through the process you could not wait to be together in the US. Don't blame the system and don't blame yourself for opening your heart. I think you should move forward in getting your marriage annulled or a divorce based on abandonment and don't worry about him or what he's doing. Make your report to immigration and move forward.

And I would highly recommend calling immigration to get your questions answered. I'm sure you 're not the first or the last person to call them about this matter. Many blessings and peace.

I said as much on the original post.

[Sandra G. 5,016]

It's a mistake for sure.If he filed Vawa he doesn't a sponsor.

[Darnell 8,478]

I don't know that a I-864 can be withdrawn after it is filed, but if that were the case, the AOS would have been denied outright, with the acceptance of the withdrawal of which she speaks. (that is what made me think of the I-134..)

Something does not jive...

Actually, it can be withdrawn.

I've written a lot about how to do it, here at VJ.

Of course, there is a 'time tick' where it's impossible to withdraw the I-864, but there's lots of timeticks prior, where it's possible.

To answer some of the questions posted here, We are indeed still married. When I withdrew my petition it was actually done by an immigration lawyer. My lawyer was pretty far into the AOS process he has received his work auth and ability to travel docs. I might seem a little vague on the forms, but that is because I have used a lawyer through this whole process. I also know that his work Auth expires 30 days from the withdrawal notification. I asked the question about a new sponsor because it makes me confused as to why he would have other options to stay once I withdrew his application. Honestly I dont care if he stays or goes, that is decided by immigration not me, I just want to make sure I am free and clear of any liability of him in the future.

Someone had mentioned the fact that he could have started a VAWA case, if this is true would I have not heard anything about it?

I recall that post, about 'withdrawing the petition'

and I asked you ,then and directly - did you withdraw the I-864, or no ?

You should track that down, immediately, as the rest of 'whats available to you' hinges on that particular withdrawal of the I-864.

Edited August 14, 2012 by Darnell

[JorJoe 33]

In response for your question and from what i gathered and saw from people and threads, Yes, he can submit another sponsorship. All you have to do is USCIS and fill them in, Let your lawyer move on with your divorce papers, since you dont care if he stay or leave thats your only option, Cancel all your connections to your ex and move on with your life.

P.S: you know he have to submit in 30 days, He Doesnt. Let it stay this way (He Deserve it)

Edited August 14, 2012 by JorJoe

[Impossible 30]

Actually, it can be withdrawn.

I've written a lot about how to do it, here at VJ.

Of course, there is a 'time tick' where it's impossible to withdraw the I-864, but there's lots of timeticks prior, where it's possible.

I recall that post, about 'withdrawing the petition'

and I asked you ,then and directly - did you withdraw the I-864, or no ?

You should track that down, immediately, as the rest of 'whats available to you' hinges on that particular withdrawal of the I-864.

Yes I did cancel the I 864

[Darnell 8,478]

ok - then yer done, off the hook.

divorce him, don't look back.

Good Luck with everything else !

[kennym 275]

Impossible

You need to file for divorce ASAP.. I don't beleive its good idea to wait.. if he starts a VAWA Claim, it seems to me it would be in your favor if you've already filed for divorce..

Kenny

[What Happened? 4]

If he tries a VAWA case they are not going to let you know anything. Your best bet is to sit down and write a statement which details your marriage. Let USCIS know your concerns with regards to the marriage, any inappropriate behavior on his part, any attempts to provoke you, any unwillingness to participate in married life, etc. You should NEVER allow yourself to be anywhere alone with him. Always be in a public place and preferrably have reasonable people, who know you, with you if you must deal with him for any reason. If he has made any type of statement suggesting that you've abused him when you hadn't, don't be afraid to include that in your statement along with a statement as to why his statement was odd or out of line. If he has exibited any other shifty type of behavior, put it in your statement. You also want to let them know in what ways you have attempted to resolve any issues that affect most marriages. If you have sought the counsel of a priest or minister to help you with your marriage, include that info in your statement. Be specific, give names, places, and dates. If he will have scant evidence of a goodfaith marriage, you should tell them exactly what evidence DOES exist so that if he tries to falsify documents or add you to insurance without your approval then USCIS will be certain to ask for documents that will span the entire length of the marriage an not just recent documents and/or they will question his documents.

If you have this statement ready to go when you go to your infopass, let the officer at the window know that your spouse has abandoned you and will be needing to lift conditions eventually and you are concerned that he entered into the marriage fraudulently thus you withdrew your affidavit of support but would also like to protect yourself from any fraudulent claims of abuse. Ask them to add your statement to HIS file. Have your receipt number for your original petition. If they ask you if you want to withdraw your petition say yes. They will give you another form that you can fill out on the spot.

They may tell you to come back around the time he is expected to file his application for ROC. If so, you will want to make frequent appointments because they will not give you the information over the phone, but they will let you know if he had filed his application if you go into the office. If they tell you you need to come back, then when they let you know he has filed a timely application to lift conditions, then ask to add the statement to his file. YOU WANT TO DO THIS BEFORE A DIVORCE IS FINALIZED!!!!

Once a divorce is final, USCIS will not let you put anything into his file and will not tell you anything about the status of his case...............but they will before divorce. If his file has been transfered to another field office or to the service center they will simply mail your statement to them so that they can add it to his file. You want to be certain to do this so that you at least attempt to protect yourself from a VAWA claim and let your side of the story be heard.

Best wishes and I'm sorry you're having to go through this.

Edited August 28, 2012 by What Happened?