Can you withdraw i-485?

[Lalala100 0]

My step mom has been threatening me to withdraw my adjustment of status. Its been 4 months since they sent the application. My dad and her fight a lot and she blackmails me that shes going to withdraw my application if my dad still wont listen to her. Can she possibly do that? My dad had his green card already last year.

[Darnell 8,478]

sure. but not via 'withdraw the I-485'.

Instead, if she withdrew the I-864, affadavit of support, on the Adjustment of Status case,

then there is no further road to obtaining a greencard .

[kzielu 1,147]

Yes, she can pull I-864 which will void I-485.

[Zedayn 485]

Only YOU can withdraw YOUR I-485 adjustment of status. However, a sponsor can withdraw their I-864 affidavit of support. If its the primary sponsor, it would cancel the I-485. If its a joint sponsor, which sounds like your case since you arrived on a K-1 visa, then it would not have a huge effect...you just may have to find another joint sponsor.

Basically, your step mom can't really do anything to stop your AOS...even withdrawing her joint sponsorship of the I-864. She is not your primary sponsor, your spouse is.

[Darnell 8,478]

OP is a K-2? K-1 ? I swing towards K-2.

[aaron2020 11,651]

Only YOU can withdraw YOUR I-485 adjustment of status. However, a sponsor can withdraw their I-864 affidavit of support. If its the primary sponsor, it would cancel the I-485. If its a joint sponsor, which sounds like your case since you arrived on a K-1 visa, then it would not have a huge effect...you just may have to find another joint sponsor.

Basically, your step mom can't really do anything to stop your AOS...even withdrawing her joint sponsorship of the I-864. She is not your primary sponsor, your spouse is.

Even if stepmom was the JS, how would te AOS move forward without a qualified I-864?

Think you got the situation wrong. Where are you getting a spouse?

[Zedayn 485]

Even if stepmom was the JS, how would te AOS move forward without a qualified I-864?

Think you got the situation wrong. Where are you getting a spouse?

The qualifying I-864 would come from the primary sponsor. If the primary sponsor's I-864 isn't sufficient, in which case a joint sponsor would be needed, then another joint sponsor could be found if the current one withdraws.

The reason I thought spouse was because the OP has filed for a K-1 visa, so assuming the AOS was based on marriage under a K-1.

[Lalala100 0]

Only YOU can withdraw YOUR I-485 adjustment of status. However, a sponsor can withdraw their I-864 affidavit of support. If its the primary sponsor, it would cancel the I-485. If its a joint sponsor, which sounds like your case since you arrived on a K-1 visa, then it would not have a huge effect...you just may have to find another joint sponsor.

Basically, your step mom can't really do anything to stop your AOS...even withdrawing her joint sponsorship of the I-864. She is not your primary sponsor, your spouse is.

I came here in a k2 visa and my step mom is horrible. I cannot believe im experiencing this life when i moved here from the philippines. I just wanna go back (((

[Zedayn 485]

Ok thanks for clarifying. So it looks like your stepmom is your primary sponsor. She can withdraw her I-864 and it would pretty much stop your AOS.

[Harpa Timsah 13,258]

I came here in a k2 visa and my step mom is horrible. I cannot believe im experiencing this life when i moved here from the philippines. I just wanna go back (((

How old are you?

[yailukmuu 26]

This sounds like a clear and unequivocal pattern of abuse that fits neatly into VAWA (Violence Against Woman Act)

Typical VAWA Scenario

1 Noncitizen marries USC or LPR

2. USC or LPR abuses her or her/their child

3 Abuser refuses to file petition, or threatens to withdraw petition, divorce her, or not attend the green card interview.

4. Abuse spouse/child feels trapped

5. Then learns of the rights and files VAWA petition

6. VAWA approved and Deferred Action gronted with work permit and low risk of deportation.

7. Abused spouse/child eventually becomes LPR with no reliance on abuser.

See: http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=5&ved=0CEcQFjAE&url=http%3A%2F%2Fwww.illinoislegaladvocate.org%2Fcalendaruploads%2Fvawa.pai.3-31-05.ppt&ei=AVQOU7bgJuqe2QWLvYGwCA&usg=AFQjCNFPRctvY6fxXQ_lOpwaiA84L8MEOA&sig2=PLbRjAevcFuaIthpMXAQYQ&bvm=bv.61965928,d.b2I Note: No copyright on document.

Also see: http://www.womenslawproject.org/brochures/DV_Immigration.pdf

“Withdrawing or threatening to withdraw a petition to legalize your immigration status.”

I suggest that you call, and be careful how you do it, a local woman's protective service and ask for assistance. Virtually every city, even small ones have Women's Protective Services.

Document carefully when it happens, keep notes. If VAWA action is filed you stand an excellent chance of being granted special status. We don't know your age, if you are under 18, I'm not sure exactly what would happen, again a Women's protective service can help. (Note: The abused does not need to be a woman).

Edited February 26, 2014 by yailukmuu

[Lalala100 0]

This sounds like a clear and unequivocal pattern of abuse that fits neatly into VAWA (Violence Against Woman Act)

Typical VAWA Scenario

1 Noncitizen marries USC or LPR

2. USC or LPR abuses her or her/their child

3 Abuser refuses to file petition, or threatens to withdraw petition, divorce her, or not attend the green card interview.

4. Abuse spouse/child feels trapped

5. Then learns of the rights and files VAWA petition

6. VAWA approved and Deferred Action gronted with work permit and low risk of deportation.

7. Abused spouse/child eventually becomes LPR with no reliance on abuser.

See: http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=5&ved=0CEcQFjAE&url=http%3A%2F%2Fwww.illinoislegaladvocate.org%2Fcalendaruploads%2Fvawa.pai.3-31-05.ppt&ei=AVQOU7bgJuqe2QWLvYGwCA&usg=AFQjCNFPRctvY6fxXQ_lOpwaiA84L8MEOA&sig2=PLbRjAevcFuaIthpMXAQYQ&bvm=bv.61965928,d.b2I Note: No copyright on document.

Also see: http://www.womenslawproject.org/brochures/DV_Immigration.pdf

Withdrawing or threatening to withdraw a petition to legalize your immigration status.

I suggest that you call, and be careful how you do it, a local woman's protective service and ask for assistance. Virtually every city, even small ones have Women's Protective Services.

Document carefully when it happens, keep notes. If VAWA action is filed you stand an excellent chance of being granted special status. We don't know your age, if you are under 18, I'm not sure exactly what would happen, again a Women's protective service can help. (Note: The abused does not need to be a woman).

I am emotionally exhausted. Please. Text me. I need help.

This sounds like a clear and unequivocal pattern of abuse that fits neatly into VAWA (Violence Against Woman Act)

Typical VAWA Scenario

1 Noncitizen marries USC or LPR

2. USC or LPR abuses her or her/their child

3 Abuser refuses to file petition, or threatens to withdraw petition, divorce her, or not attend the green card interview.

4. Abuse spouse/child feels trapped

5. Then learns of the rights and files VAWA petition

6. VAWA approved and Deferred Action gronted with work permit and low risk of deportation.

7. Abused spouse/child eventually becomes LPR with no reliance on abuser.

See: http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=5&ved=0CEcQFjAE&url=http%3A%2F%2Fwww.illinoislegaladvocate.org%2Fcalendaruploads%2Fvawa.pai.3-31-05.ppt&ei=AVQOU7bgJuqe2QWLvYGwCA&usg=AFQjCNFPRctvY6fxXQ_lOpwaiA84L8MEOA&sig2=PLbRjAevcFuaIthpMXAQYQ&bvm=bv.61965928,d.b2I Note: No copyright on document.

Also see: http://www.womenslawproject.org/brochures/DV_Immigration.pdf

Withdrawing or threatening to withdraw a petition to legalize your immigration status.

I suggest that you call, and be careful how you do it, a local woman's protective service and ask for assistance. Virtually every city, even small ones have Women's Protective Services.

Document carefully when it happens, keep notes. If VAWA action is filed you stand an excellent chance of being granted special status. We don't know your age, if you are under 18, I'm not sure exactly what would happen, again a Women's protective service can help. (Note: The abused does not need to be a woman).

Im 18. Im emotionally exhausted. Please help. Text me

[Pinkrlion 2,610]

Yes she can withdraw 864.

[Merrytooth 5,748]

My step mom has been threatening me to withdraw my adjustment of status. Its been 4 months since they sent the application. My dad and her fight a lot and she blackmails me that shes going to withdraw my application if my dad still wont listen to her. Can she possibly do that? My dad had his green card already last year.

You post does not make sense here.

In your other topic, you are asking

Divorce while on conditional green card? Help

http://www.visajourney.com/forums/topic/470263-divorce-while-on-conditional-green-card-help/#entry6699179

So you already have the conditional green card???? Why your step mom is filing Adjustment of status for you??

[Cathi 5,616]

Only YOU can withdraw YOUR I-485 adjustment of status. However, a sponsor can withdraw their I-864 affidavit of support. If its the primary sponsor, it would cancel the I-485. If its a joint sponsor, which sounds like your case since you arrived on a K-1 visa, then it would not have a huge effect...you just may have to find another joint sponsor.

Basically, your step mom can't really do anything to stop your AOS...even withdrawing her joint sponsorship of the I-864. She is not your primary sponsor, your spouse is.

huh? what? did you even read the post? There is no spouse