How to stop AOS

[Aspen7 10]

My husband from Algeria has been married to me since March 20th. I want to end the AOS process and try to have the marriage annuled. We married on March 20th, I sent the AOS package on April 19th. The NOA1 for the I-797 arrived a few days ago. The notice date is April 28th. We haven't got a notice for the I-485. Is it possible to stop the process and get back any part of the $1070 back? I have NO money to send him home. He has NO money to go home with. His family won't help. I can't borrow money. I can't bare to live with him but I'm not going to throw him out in the street because he doesn't know anyone here. The situation seems so hopless.

[Harpa Timsah 13,258]

The NOA1 was probably for the I-485, the NOA1 form is I-797.

Money is gone if you got NOA1, but you can formally withdraw the I-864 and cancel the AOS process.

[belinda63 2,981]

If you paid by personal check and it has not cleared the bank yet you could try a "stop payment". If the check has cleared you cannot receive a refund.

If the check has already cleared all you can do is write a letter (notarized) to withdraw the affidavit of support. You cannot stop the I-485 as it is not your application, it is your spouses. But if you withdraw sponsorship (I-864) his I-485 will be denied. I would send the letter to the lockbox and make an info pass appointment at the local USCIS office and turn it in there also. When/if you find out what service center the I-485 was sent to also send them a copy.

He can contact his embassy to see if they can help him with returning home, find a way to return home on his own, or wait to be deported (which may be never) after the I-485 is denied.

[Aspen7 10]

I just checked my bank account and see the check clearned. So there goes the one solution I hoped to have.

The person I knew for 2-1/2 years and married on March 20th isn't the person I know now. He did a total transformation to a complete stranger over the course of our first week of marriage.

[Darnell 8,478]

There is a process to formally withdraw form I-864, the affadavit of support.

Doesn't matter the reason, it can be formally withdrawn.

However, it must be withdrawn prior to adjudication of the I-485. So, you have a window, albeit small, to prep that withdrawal letter and get it into USCIS.

Since USCIS is so bleeping fragmented on offices and where to send stuff, I suggest to make master sets (3) and send off to:

1. address in the receipt notice, formletter I-797.

2. address used to send off the AOS set

3. via handover to a human at the local USCIS office, during an infopass appointment (see https://infopass.uscis.gov ) and stay there, insisting that the withdrawal be logged by a supervisor and an acknowledgment / receipt given over to you, in your hand.

you'll need:

1. I-797 formletter, receipt notice of I-485, a photocopy and

2. a letter with bio data on both of you, his A#, the receipt #s, stating that you are formally withdrawing the I-864, affadavit of support, with your original signature.

Go Get Em, and Good Luck !

[aaron2020 11,651]

If you paid by personal check and it has not cleared the bank yet you could try a "stop payment". If the check has cleared you cannot receive a refund.

If the check has already cleared all you can do is write a letter (notarized) to withdraw the affidavit of support. You cannot stop the I-485 as it is not your application, it is your spouses. But if you withdraw sponsorship (I-864) his I-485 will be denied. I would send the letter to the lockbox and make an info pass appointment at the local USCIS office and turn it in there also. When/if you find out what service center the I-485 was sent to also send them a copy.

He can contact his embassy to see if they can help him with returning home, find a way to return home on his own, or wait to be deported (which may be never) after the I-485 is denied.

Canceling the check does not work.

The OP would get a bill for the payment and charged for a bounced check.

Once the petitions are in the mail, the money is gone.

It's a popular misconception that you can get your money back with no problems if you can stop the check before it is cashed.

Edited May 5, 2014 by aaron2020

[belinda63 2,981]

What if they simply refused to respond to the request for payment? Not that it matters since the check has cleared.

[aaron2020 11,651]

What if they simply refused to respond to the request for payment? Not that it matters since the check has cleared.

What do you think would happen when you don't pay the US government?

Say bye-bye to your tax return refund.

Once the government opens the envelope and start processing the petition, the petitioner is liable for the fees for the petition.

Edited May 5, 2014 by aaron2020

[algerinou 2]

devorce isnt good in this life better be with your husband and live happy

[Boiler 43,401]

This sounds very similar to another thread recently.

It has to be cheaper to use your CC than pay for his living costs to stay.

Did you use a joint sponsor? Perhaps they could help?

devorce isnt good in this life better be with your husband and live happy

As that is not an option, then what?

[aaron2020 11,651]

devorce isnt good in this life better be with your husband and live happy

Wrong.

Better to be happy and divorced rather than be trapped in an unhappy marriage.

[QueenComley 295]

devorce isnt good in this life better be with your husband and live happy

You also only get one life. She is not happy with her husband, therefore how can she live happy?

I have previously been in an unhappy marriage and the thought of spending my entire life with him would have sent me straight to a padded cell.

As my mother used to say "Its better to be left on the shelf than stuck In the wrong cupboard"

Edited May 5, 2014 by QueenComley

[amuna0526 11]

Good luck OP

[amuna0526 11]

Unfortunately the money you send to USCIS for the petition is not refundable. You can write a letter to withdraw the petition and have it notarized and signed.

[algerinou 2]

i was mean that husband must take care for his wife and the wife too .because she was bring him from algeria and few days they want to leave mybe she will understand him with the time .