What do you guys thnk of this USCIS respones?

[slowlyman 118]

If you have been keeping score, you know I withdrew my Affidavit of support before my wife's green card was issued. I have been trying to get a confirmation the 864 has indeed been withdrawn. Working through a congressional aide, I received this email today. What do you make of it? Thanks

I confirmed with the adjudicating officer that he has received Mr. Xxxxx’s request to withdraw his I-864. He was actually the person who called Mr. Xxxxx and spoke with him over the phone. The officer is reviewing the case and will let the applicant (the wife) know once there is a final decision. The officer is also researching whether or not the I-864 can be withdrawn and what, if any, effect that has on the I-485. This is a bit of unusual case since there is no pending underlying I-130 and the I-129F has already been approved and used. Furthermore, the beneficiary complied with the terms of the K-1 visa by marrying her petitioner within the 90 day period.

[Darnell 8,478]

tardo.

newbie

idiot .

those are the names I would use for the adjudicating officer.

I suggest you copy/paste I-864 withdrawal info to the ILS human in an email - clearly stating that you , as a sponser, are allowed to withdraw prior to final adjudication and you demand a supervisor oversight action before that adjudicator takes any further action.

Edited June 11, 2014 by Darnell

[slowlyman 118]

ILS human?

[Darnell 8,478]

ILS human?

Immigration Liason Staffer - that's sorta the title of the congressional aide that's making the inquiry.

[slowlyman 118]

Anybody have a link to the actual language. I know it was in a post recently, but I can;t locate it at the moment.

[Ontarkie 13,920]

~~Inappropriate post removed and those quoting. If you cannot contribute to the thread do not post ~~

[Darnell 8,478]

Sec. 213a.2 Use of affidavit of support.

Withdrawal of Form I-864 or Form I-864A. (1) In an immigrant
visa case, once the sponsor, substitute sponsor, joint sponsor,
household member, or intending immigrant has presented a signed Form I-
864 or Form I-864A to a Department of State officer, 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 if he or she does so in writing and submits the
document to the Department of State officer before the actual issuance
of an immigrant visa to the intending immigrant. Once the intending
immigrant has obtained an immigrant visa, a sponsor, substitute sponsor,
joint sponsor, or household member cannot disavow his or her agreement
to act as a sponsor, joint sponsor, or household member unless the
person or entity who filed the visa petition withdraws the visa petition
in writing, as specified in 8 CFR 205.1(a)(3)(i)(A) or 8 CFR
205.1(a)(3)(iii)©, and also notifies the Department of State officer
who issued the visa of the withdrawal of the petition.

(2) In an adjustment of status case, once the sponsor, substitute
sponsor, joint sponsor, household member, or intending immigrant has
presented a signed Form I-864 or Form I-864A 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.

[item 2 applies to you as it's an AOS case]

Edited June 11, 2014 by Darnell

[Darnell 8,478]

-----

source -

http://www.ilw.com/resources/research/regulations/213a.2.txt

http://www.ilw.com/resources/research/regulations/213a.2.txt

http://www.ilw.com/resources/research/regulations/213a.2.txt

Edited June 11, 2014 by Darnell

[Newbie608 103]

Your wife will probably get the GC and you will probably be responsible for her until she becomes a citizen. She came here on a fiancé visa to marry you, which I'm assuming she did. Why wouldn't they give her a GC and hold you responsible since that's what you signed up for?

Edited June 11, 2014 by Newbie608

[DJ&L 83]

Your wife will probably get the GC and you will probably be responsible for her until she becomes a citizen. She came here on a fiancé visa to marry you, which I'm assuming she did. Why wouldn't they give her a GC and hold you responsible since that's what you signed up for?

Why wouldn't they? Because he's allowed to withdraw the affidavit prior to adjudication. Did you read the thread?

[Caryh 5,206]

Adjusting officer is not aware of the law and intends to issue the green card, even though the I-864 has been withdrawn. The advice on attempting to get the actual law forwarded to the adjusting officer is about your only shot at getting this stopped. I would make sure you properly document all of this just in case at some point down the line they try to hold you to the terms of the I-864. The adjudicating officer not knowing his job, should not put a liability sitting on your lap, but you'll have to be prepared to fight for that if the need arrises.

[slowlyman 118]

Adjusting officer is not aware of the law and intends to issue the green card, even though the I-864 has been withdrawn. The advice on attempting to get the actual law forwarded to the adjusting officer is about your only shot at getting this stopped. I would make sure you properly document all of this just in case at some point down the line they try to hold you to the terms of the I-864. The adjudicating officer not knowing his job, should not put a liability sitting on your lap, but you'll have to be prepared to fight for that if the need arrises.

This may be a redundant question, but how can the adjudication officer not be aware of the laws governing the file he is adjudicating? Wouldn't that be like a job requirement?

Edited June 11, 2014 by slowlyman

[Darnell 8,478]

sometimes newbies screw up.

i pray you got on this, this morning and the ILS human lobbed it over already.

[Karee 4,189]

This may be a redundant question, but how can the adjudication officer not be aware of the laws governing the file he is adjudicating? Wouldn't that be like a job requirement?

[slowlyman 118]

sometimes newbies screw up.

i pray you got on this, this morning and the ILS human lobbed it over already.

The ILS human has said she has done all she can for me. She suggests I contact USCIS myself.