Jump to content
RS_0812

My i-864 cancellation adventure.

12 posts in this topic

Recommended Posts

I post this for others that may wonder what to do or happens. I will update as I have new information until I hopefully receive some type of cancellation confirmation.

Our case was based on her entry with a K1 visa. You as the sponsor can cancel your i-864 and if properly processed, before the case is adjudicated, approved the AOS and your ties to the bene for these purposes are nullified. If not done already or as soon as possible file for divorce.

I sent a notarized letter with a copy of the i-485, 797c to the Chicago lockbox, where we sent the AOS paperwork and a copy to the NBC in MO. Next I made and went to an infopass appointment to deliver a copy of the same letter.

What I learned from going to the infopass appointment is the following. Most likely the first person will tell you that you can not cancel your i-864, support(which we know is wrong in a AOS from K1 process unless it has been adjudicated, approved), ask for a supervisor. The supervisor may say the same, that it can not be cancelled. But, be as nice as possible, even if they seem bothered by you. Somehow convince the supervisor to at least send the letter in, since it may reach the NBC file faster than what you mailed in.

Before going to the infopass appt print and have with you this section, in particular "(2)", I copied from the link listed after the next two paragraphs,

"(f) 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."

Make sure those paragraphs are still current by going to this link, http://www.uscis.gov/iframe/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-16960/0-0-0-17008.html and search for the word withdrawal. Of those two paragraphs someone like me that brought the bene in via a K1, should show the supervisor "(2)" above and give them the above link for reference.

If you are not completely bored at this point, below is my infopass visit experience. Some specifics are left out for personal reasons.

I went to the local office and explained to the first rep what I wanted to do and if she would take a copy of what I had sent the other locations to attach it to the file or whatever was appropriate. Immediately, actually as soon as I said that I wanted to cancel the i-864, she said that I could not and showed me the section in the instructions, she even circled it, that discuss the binding agreement I did upon signing and sending in the i-864 with the AOS paperwork. I nicely tried to explain to her that in the USCIS site it states one can cancel the support before the case is approved, adjudicated. She did not care and repeated read the instructions. I can not, I will not and she would not take the letter even when I asked if she would do me the favor of sending it in, if that was all she could do. NO, so I asked for a supervisor.

Rather quickly Mr. Vazquez arrived. He heard my story and I also tried to explain that the instructions do not include the section of the rules, law that states one may cancel, remove the support in an adjustment of status process. He told me wait a second. I had a feeling he wanted to show me the same stupid instructions, so I told him are you looking for this section in the instructions and handed to him what the first rep gave me. In between all of this I asked him, since he appeared to believe that there was some rule that allowed me to cancel my support, if I could go to the car to retrieve my phone. I told him I had a copy of the section there. My MISTAKE by not having printed that out. HE said no and appeared like he was going to check on the website, which he did not. He asked me to sit and ended up discussing what I said with an older Asian lady, not the one I had spoken with first.

I heard her tell him that I could not cancel since the k1 had been approved and due to the type of visa process. He did tell her, the man is adamant that there is a rule that allows him to do so. In the end he called me back gave me the story that I could not cancel it, it was binding and that I should have read the instructions well before sending it in, to be honest that really annoyed. If he had taken the time to go to the site or let me get my phone I would have shown him, but no luck.

I ended up asking him if he could at least attach the copy of the letter I already mailed in to the file, however that was done and if possible. He said yes, but went on another rant that it most likely would not matter, the process would run its course and he could not guarantee me anything. I asked him for some type of receipt, confirmation that he took the letter, well bad idea. The older lady chimed in saying there is no such thing since we are doing you a favor and other comments.

Before leaving I asked him how I could reach him if needed and he wrote his name on a pink memo, message paper. He was going to give it to me, but did not after I asked him if he would take the time to find the section I mentioned for future reference. He just told me there was nothing else to discuss a few times. I really think they just threw my documents in the trash.

The worst part is that through all of this not once did any of them ask me why, even though I tried to explain. They ignored my reasoning for wanting to cancel and acted as if I were a bother. My experience may not be the same for others, so the infopass visit is always a good idea, even if to hand the letter directly to someone, just make sure they say that they will send the letter to the proper office where the file is located.

Yes, that was long. I will update this thread once I know the case has been cancelled, if it is or whatever happens. But, after sending the same letter to the lockbox, NBC and delivering it at the infopass appointment I hope that it is cancelled.

Share this post


Link to post
Share on other sites

Grab your excerpts and send a certified letter with return receipt to the attention of the Field Office Director and Agency Assistant Director for Field Operations.

Create a paper trail for the withdrawl request action with the statutory or procedural references cited with full copy attached.

You could also file it with the Ombudsman man as well with the appropriate coverletter / intake sheet for the Ombudsman.

show CC: on each letter to each other other party receiving it so Field Office Director knows its being CC: certified to Agency Director in DC and Office of DHS Ombudsman.

The latter CC: will compel that they respond to parties higher in the hierarchy as regards the letter.

throw in a Member of Congress on your CC: list as well. Then a courtesy response would have to follow there also.

Use an assertive style. you're not requesting this. you are demanding it in accordance with their written procedure.

Notice is hereby given of withdrawl of I-864 petition pursuant to section ___________________.

Share this post


Link to post
Share on other sites

Aisflier to withdrawn the support just mailing a certified letter to USCIS and taking a copy to infopass is more than enough. What you suggested is for people filing writ of mandamus, no need to mail it the field director or anybody else to cancel the l864,besides the office where the AOS is pending.

Share this post


Link to post
Share on other sites

I post this for others that may wonder what to do or happens. I will update as I have new information until I hopefully receive some type of cancellation confirmation.

Our case was based on her entry with a K1 visa. You as the sponsor can cancel your i-864 and if properly processed, before the case is adjudicated, approved the AOS and your ties to the bene for these purposes are nullified. If not done already or as soon as possible file for divorce.

I sent a notarized letter with a copy of the i-485, 797c to the Chicago lockbox, where we sent the AOS paperwork and a copy to the NBC in MO. Next I made and went to an infopass appointment to deliver a copy of the same letter.

What I learned from going to the infopass appointment is the following. Most likely the first person will tell you that you can not cancel your i-864, support(which we know is wrong in a AOS from K1 process unless it has been adjudicated, approved), ask for a supervisor. The supervisor may say the same, that it can not be cancelled. But, be as nice as possible, even if they seem bothered by you. Somehow convince the supervisor to at least send the letter in, since it may reach the NBC file faster than what you mailed in.

Before going to the infopass appt print and have with you this section, in particular "(2)", I copied from the link listed after the next two paragraphs,

"(f) 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."

Make sure those paragraphs are still current by going to this link, http://www.uscis.gov/iframe/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-16960/0-0-0-17008.html and search for the word withdrawal. Of those two paragraphs someone like me that brought the bene in via a K1, should show the supervisor "(2)" above and give them the above link for reference.

If you are not completely bored at this point, below is my infopass visit experience. Some specifics are left out for personal reasons.

I went to the local office and explained to the first rep what I wanted to do and if she would take a copy of what I had sent the other locations to attach it to the file or whatever was appropriate. Immediately, actually as soon as I said that I wanted to cancel the i-864, she said that I could not and showed me the section in the instructions, she even circled it, that discuss the binding agreement I did upon signing and sending in the i-864 with the AOS paperwork. I nicely tried to explain to her that in the USCIS site it states one can cancel the support before the case is approved, adjudicated. She did not care and repeated read the instructions. I can not, I will not and she would not take the letter even when I asked if she would do me the favor of sending it in, if that was all she could do. NO, so I asked for a supervisor.

Rather quickly Mr. Vazquez arrived. He heard my story and I also tried to explain that the instructions do not include the section of the rules, law that states one may cancel, remove the support in an adjustment of status process. He told me wait a second. I had a feeling he wanted to show me the same stupid instructions, so I told him are you looking for this section in the instructions and handed to him what the first rep gave me. In between all of this I asked him, since he appeared to believe that there was some rule that allowed me to cancel my support, if I could go to the car to retrieve my phone. I told him I had a copy of the section there. My MISTAKE by not having printed that out. HE said no and appeared like he was going to check on the website, which he did not. He asked me to sit and ended up discussing what I said with an older Asian lady, not the one I had spoken with first.

I heard her tell him that I could not cancel since the k1 had been approved and due to the type of visa process. He did tell her, the man is adamant that there is a rule that allows him to do so. In the end he called me back gave me the story that I could not cancel it, it was binding and that I should have read the instructions well before sending it in, to be honest that really annoyed. If he had taken the time to go to the site or let me get my phone I would have shown him, but no luck.

I ended up asking him if he could at least attach the copy of the letter I already mailed in to the file, however that was done and if possible. He said yes, but went on another rant that it most likely would not matter, the process would run its course and he could not guarantee me anything. I asked him for some type of receipt, confirmation that he took the letter, well bad idea. The older lady chimed in saying there is no such thing since we are doing you a favor and other comments.

Before leaving I asked him how I could reach him if needed and he wrote his name on a pink memo, message paper. He was going to give it to me, but did not after I asked him if he would take the time to find the section I mentioned for future reference. He just told me there was nothing else to discuss a few times. I really think they just threw my documents in the trash.

The worst part is that through all of this not once did any of them ask me why, even though I tried to explain. They ignored my reasoning for wanting to cancel and acted as if I were a bother. My experience may not be the same for others, so the infopass visit is always a good idea, even if to hand the letter directly to someone, just make sure they say that they will send the letter to the proper office where the file is located.

Yes, that was long. I will update this thread once I know the case has been cancelled, if it is or whatever happens. But, after sending the same letter to the lockbox, NBC and delivering it at the infopass appointment I hope that it is cancelled.

I had to do the same thing a few years ago. I first went to the local field office and tried to withdraw my I-864, but the response I received was "the I-485 case isn't at our office and is still at the NBC, so we can't add your withdrawal request to the file, since we don't have it". I was told to submit my written request directly to the NBC where my ex's I-485 was pending. So I mailed the written request to withdraw my I-864 to the NBC at Lee's Summit, MO. A month goes by and I hear nothing. I call USCIS and talked with a tier 2 officer. They said that I could not withdraw my I-864, to which I said yes I can. I hung up and mailed a SECOND withdrawal request. Within a few days I received a letter from the Omaha field office, basically stating that my withdrawal request was accepted and that my I-864 was officially withdrawn. Total time to receive confirmation of withdrawal: 2 months.


K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;

Interview Waiver Letter:  01/02/2015;  RFE:  07/09/2015;

Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

05/23/2017 -- Mailed ROC application

05/24/2017 -- NOA1 date

05/30/2017 -- NOA1 received in the mail

06/05/2017 -- Biometrics letter received

06/13/2017 -- Biometrics appointment

09/05/2018 -- Approved without interview!

09/13/2018 -- 10 Yr Green card Received

 

Share this post


Link to post
Share on other sites

National Benefits Center


K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;

Interview Waiver Letter:  01/02/2015;  RFE:  07/09/2015;

Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

05/23/2017 -- Mailed ROC application

05/24/2017 -- NOA1 date

05/30/2017 -- NOA1 received in the mail

06/05/2017 -- Biometrics letter received

06/13/2017 -- Biometrics appointment

09/05/2018 -- Approved without interview!

09/13/2018 -- 10 Yr Green card Received

 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×