Petitioner pulled I-864 prior to 2 Year Card Production. USCIS says "Not so Fast"

[Karee 4,189]

I have a friend that has decided he wants to end the relationship prior the issuance of the 2 year green card to his wife. He filed AOS, but pulled the I-864 both in person and in writing prior to the card being issued. However, he received a call from someone claiming to be from USCIS stating that if they don't find evidence of fraud, they're going to issue the 2 year card. I wonder about the phone call actually being from USCIS. In my experience with them, and from what I've read here, it seems it would take an order from God himself for them to actually call someone and not to correspond with them solely by the U.S. Mail.

Is this a new USCIS policy? I've never heard of this before. I always thought once the I-864 is pulled, and as long as the green card hasn't been issued, then that's it. Game over. No green card.

Thoughts?

[Zach<3Katiuska 58]

That's wierd.. Your friend needs to contact USCIS himself and explain what's going on..that's the only solution. If he ended it, i don't think that was USCIS itself.

[Karee 4,189]

That's wierd.. Your friend needs to contact USCIS himself and explain what's going on..that's the only solution. If he ended it, i don't think that was USCIS itself.

Yes, it seems odd to me as well. I've never heard of them calling anyone, for anything.

[apple21 953]

In my personal experience, the USCIS officer I spoke with during my infopass called me thru my mobile number.

I tried calling back the number that registered on my mobile (out of curiosity) but it seems like an outbound number only. It won't accept incoming calls.

[Hypnos 6,576]

A green card cannot be issued without an I-864 being filed, and the petitioner or joint sponsor can pull their I-864 at any point prior to the green card's issuance.

I would suggest there is more to this story than we and / or you are being told.

[Karee 4,189]

A green card cannot be issued without an I-864 being filed, and the petitioner or joint sponsor can pull their I-864 at any point prior to the green card's issuance.

I would suggest there is more to this story than we and / or you are being told.

That's always the way I thought it worked as well. I'm thinking the phone call is either someone claiming to be USCIS who isn't actually USCIS. Or maybe someone at USCIS that doesn't have a clue.

[KayDeeCee 4,892]

No new policy that I am aware of. You do not need to prove there is fraud involved in order to withdraw your sponsorship. You do not have to give an explanation as to why you want to withdraw a petition or affidavit of support.

AFM 20.5 Enforceable Affidavits of Support.

(h) Withdrawal of an affidavit of support or Form I-864A .

A person who has signed a Form I-864, I-864EZ or I-864A may withdraw the Form. If the person does so, USCIS will adjudicate the application for adjustment of status as if the withdrawn Form I-864, I-864A or I-864EZ had never been filed. In an adjustment of status case, a withdrawal of the Form I-864, I-864EZ or I-864A is not effective unless it is in writing and USCIS actually receives the withdrawal before the final decision on the adjustment application. In an immigrant visa case, once a consular officer has issued an immigrant visa, no Form I-864, I-864EZ or I-864A may be withdrawn unless the visa petitioner also withdraws the visa petition.

And

8 CFR 213a.2(f )(2)

(f ) Withdrawal of affidavit of support and any required attachments .

(2) In an adjustment of status case, once the sponsor, substitute sponsor, joint sponsor, household member, or intending immigrant has presented a signed affidavit of support and any required attachments to an immigration officer or immigration judge, the sponsor, substitute sponsor, joint sponsor, or household member may disavow his or her agreement to act as sponsor, substitute sponsor, joint sponsor, or household member only if he or she does so in writing and submits the document to the immigration officer or immigration judge before the decision on the adjustment application.

Edited June 7, 2014 by KayDeeCee

[jannapa 12]

I personally got a phone call from USCIS a week before my green card interview - the officer in charge called to request a certain document that she needed to make a decision.

So it does happen that they call.

Edited June 7, 2014 by jannapa

[N-o-l-a 7,167]

Thoughts are that there are a lot of people who work for USCIS who don't know their head from a hole in the ground. I'm faintly reminded of the Hartford USCIS office sending my I-130 to the Danish embassy because apparently they thought that DCF was still done for all countries.

It is very likely the call came from USCIS and it is very likely that whoever called doesn't know the proper procedures.

[Karee 4,189]

Thoughts are that there are a lot of people who work for USCIS who don't know their head from a hole in the ground. I'm faintly reminded of the Hartford USCIS office sending my I-130 to the Danish embassy because apparently they thought that DCF was still done for all countries.

It is very likely the call came from USCIS and it is very likely that whoever called doesn't know the proper procedures.

I think you probably have it right. However, is that same person able to adjudicate the petition and order the green card?

[Darnell 8,478]

For full coverage - I suggest another infopass appointment with another withdrawal letter - and a signed receipt letter drawn up and signed by the floor supervisor, complete with the wording:

I, __________________________________[write your name], badge # _________________________ have accepted the withdrawal of the I-864, Affadavit of Support, from [Petitioner's Full Name] concerning the Adjustment of Status on [beneficiary's full name], casefile number [i-485 casefile # here] and have made note in the data system in the notes on the casefile, with a message back to the adjudicator noting the Affadavit of Support has been withdrawn

________________________________

[signature of Floor Supervisor] [Date]

========================

Then don't leave until the floor supervisor has actually done what's in this receipt letter and actually signed it.

[Andy and Pui 16]

For full coverage - I suggest another infopass appointment with another withdrawal letter - and a signed receipt letter drawn up and signed by the floor supervisor, complete with the wording:

I, __________________________________[write your name], badge # _________________________ have accepted the withdrawal of the I-864, Affadavit of Support, from [Petitioner's Full Name] concerning the Adjustment of Status on [beneficiary's full name], casefile number [i-485 casefile # here] and have made note in the data system in the notes on the casefile, with a message back to the adjudicator noting the Affadavit of Support has been withdrawn

________________________________

[signature of Floor Supervisor] [Date]

========================

Then don't leave until the floor supervisor has actually done what's in this receipt letter and actually signed it.

That is exactly what I was thinking. Do another info pass to pull the I-864 again.

[Darnell 8,478]

[no handphones were damaged in the writing of this response...]

[AnotherLostSoul 167]

While it could have been USCIS, when you pulled I-864 I don't think they'll call you to tell you that "dude, we don't care that you pulled the I-864, we'll still going to issue the 2 year card". That must have been your wife's friend who called just to hope that you won't do anything since you'll figure from the phone call that it's too late anyways. Just think about it. Even couples where I-864 isn't get pulled, it is still not a guarantee they'll be approved and get their cards. They have to do biometrics (which is not really a denial case per se) and then to an interview where they have to "convince" the IO that their marriage is real. And if they are lucky, and the IO is happy and content, they can get approved on the spot. If they are not lucky, or the IO is in a bad mood they can get sent home and await for another week or two until they get the final word. And that final word could still be denial. (and by the way, I did not even mention how they review your whole case and can still send RFEs out at any point). So, imho, no way USCIS called you up when you pulled the I-864 indicating that you'd like to withdraw your petition, and just to tell you that "you suck! And we don't give a , so we'll give the card to your wife anyway". That must have been your wife's friend(s) hoping you won't do anything then since you'll figure it's too late you missed your chances. So I would say for the safety of it, make an infopass, confirm that they have it recorded that you pulled your petition (bring along a written out one that you can leave to them to file away) and that's it. All the best!

[Leatherneck 693]

Whoever made that phone call, is uninformed and can't cite any law or regulation supporting such a claim.