Withdrawal of I-864 form

[aws&ndd 103]

Ok guys I feel really ashamed to be posting this, but things took a turn for the worst in my relationship.

We had a little fight over something really stupid, and she ended up calling her sister telling her how badly I mistreated her (I only shouted out of anger, but that was it! I never touched her), and although I don't know what all her sister said, what happened was my wife called the police and was getting a hold of a shelter. The officers spoke to both of us, and I told him exactly what happened. He then asked more about our relationship, how we met, how long we've been married, etc. I told him her sister lives in the US as well, and one of my fears I always had was she was coming here just for the green card. The officer agreed with me, because my wife was making a huge deal (ie getting the cops involved) out of something that could/should have been resolved between us. I told the officer that I kept trying to talk to her, trying to apologize to her, but she wouldn't even listen. All he said was, she just needs a little time. The cops eventually took her to the women's shelter, and I haven't seen her since. This happened yesterday, and devastated me.

I just would like some advice on what I should do, because at the very least I want to protect myself. I want to withdraw my I-864 support forms. How do I do it? Do I just write a letter asking them to withdraw it? What information should I include? Do I mail it to the same address I mailed the AOS?

What other steps do I need to take? Is it ok to file a divorce after the I-864 forms have been withdrawn, or do I need to have proof of a pending divorce before withdrawing?

I appreciate any help.

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

No need to be ashamed Bro, it happens to the best. Seriously this immigration process is not truly conducive to building a long lasting relationship to everybody. Long distance building of relationship opens up the possibility that one can't really be a good judge.

The first thing to decide is how serious you want to take this and only you can decide that.

I do not envy your position but it gets better.

[VanessaTony 3,567]

I just would like some advice on what I should do, because at the very least I want to protect myself. I want to withdraw my I-864 support forms. How do I do it? Do I just write a letter asking them to withdraw it? What information should I include? Do I mail it to the same address I mailed the AOS?

What other steps do I need to take? Is it ok to file a divorce after the I-864 forms have been withdrawn, or do I need to have proof of a pending divorce before withdrawing?

Yes, write a letter to where you sent the AOS forms, include her A number etc. Also make an INFOPASS and take it there. I would also contact ICE (details at the bottom of the page) to tell them that your wife has left the marital home and has started making false claims of abuse and that you're worried she's going to try a false VAWA claim. I would ask the officers for the police report, especially if the report is favourable to you. DO NOT be alone with her. Sounds like she's already being coached.

Yes you can file divorce after withdrawing the I-864, or before... has no impact on the process. I would withdraw the I-864 asap, I would also file for divorce including an OP. You need to protect yourself. Anyone who starts the false claims of abuse stuff cannot be trusted. Be wary before you consider taking her back. once she realises that you're withdrawing support she may try and claw her way back in.

[Norwood 6]

Divorce does not stop your obligations of sponsorship.

[VanessaTony 3,567]

Divorce does not stop your obligations of sponsorship.

Their I-864 has not been approved so he doesn't currently have any obligations and withdrawing it will prevent it from being approved.

[Norwood 6]

Then he needs to withdraw and quit the entire process, not just the I-864. He needs to report immigration fraud and have her deported, since, according to him, there is no abuse.

[VanessaTony 3,567]

Then he needs to withdraw and quit the entire process, not just the I-864. He needs to report immigration fraud and have her deported, since, according to him, there is no abuse.

He can't just "quit the entire process". It is HER process. He is only the sponsor. The ONLY form for her AOS that he has ANY control over is the I-864. If he withdraws the i-864 it will cancel her AOS because she needs it for her AOS to be approved. He also can't "have her deported", that's not up to him.

Honestly there is not much outside of withdrawing the i-864, and reporting her to USCIS and ICE that he can do save for filing for divorce and avoiding being alone with her.

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

He can't just "quit the entire process". It is HER process. He is only the sponsor. The ONLY form for her AOS that he has ANY control over is the I-864. If he withdraws the i-864 it will cancel her AOS because she needs it for her AOS to be approved. He also can't "have her deported", that's not up to him.

Honestly there is not much outside of withdrawing the i-864, and reporting her to USCIS and ICE that he can do save for filing for divorce and avoiding being alone with her.

This needs to be pinned somewhere.

[KayDeeCee 4,892]

Don't be ashamed for posting this. I am sorry to hear this though. You posted a lot of helpful advice here on VJ. I wish you luck.

[Darnell 8,478]

Then he needs to withdraw and quit the entire process, not just the I-864. He needs to report immigration fraud and have her deported, since, according to him, there is no abuse.

The aplication to adjust status cannot be withdrawn by the sponser.

However, the affadavit of support, the I-864, can be cancelled by the sponser prior to green card approval

and when that is done (cancelling the affadavit of support)

the basis for adjusting status vanishes,

and

the application to adjust status is denied by USCIS.

[Norwood 6]

Yes, quit the entire process means:

1. withdraw I-864 (to protect the sponsor)

2. report fraud to USCIS (to protect the taxpayer)

I chose my words poorly above. Obviously he can't have her deported himself.

[Peter_Pan 661]

Sounds like a VAWA in the making.

[aws&ndd 103]

Thanks so much for the advice. This has just been really hard to deal with, and I still keep thinking its all my fault.

[NigeriaorBust 4,087]

Beware of ever being alone with her again. SHe may stage soemthing to support a VAWA claim. Never ever meet her without someone you know there to be a witness to things. If she wants to pick up her things do NOT do it without someon there preferably police. Change the locks, change your credit card numbers.

[aws&ndd 103]

I'm already planning on changing the locks...but its good advice to have someone else here with me when she comes to get her stuff.