Is affidavit of support can be withdrawn during the AOS interview?

[Caryle 0]

Hi everyone I want to share my story I entered K1 visa and i entered USA/ May 2016 Married July 2016.

My husband and I entered the marriage in good faith and it's bona fide. yesterday is my AOS interview but we need to be honest there that we're not living together since last month middle of march.. we have problems in our marriage first he forced me to work after my 3 weeks of arrival here in the US even though he knew that I'm not allowed to work because I have no EAD or SSN that time.after 3 months of being marriage I found out he cheated on me which I have evidence which is thread text from his other girl... Yesterday we got bunch of questions which we answered straightforward and honest he agreed that the marriage is bonafide but after the interview the IO request me to go out cause she will talk to my husband (future ex husband ) after his interview he told he withdrawn he petition? My question goes like this?

 

if he does it the USCIS approved it right away the day of the interview and the withdrawal of I-864? I want some help if we prove it do I still have chance to get my conditional green card cause I'm planning to file VAWA as well..

 

thanks🙏

Edited April 22, 2017 by Caryle
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[Hypnos 6,576]

An I-864 can be withdrawn at any point before the I-485 is adjudicated; this includes at the interview.

 

Him cheating on you would not be a valid reason to file under VAWA, if that's all that happened (and there is no physical and/or mental abuse which rises to the level of "extreme cruelty", which is the required standard for VAWA).

Edited April 22, 2017 by Hypnos

[aleful 1,905]

they won't approve the petition since there is no bona fide marriage, you lied and he probably came clean and requested the withdraw

 

no i864, no petition

 

cheating is not a base for VAWA, under what basis would you file for vawa? You haven't mentioned any abuse

 

 

[Caryle 0]

@Hypnos there is abused here because according to I-864 USC is oblige to support while we don't have work here in the US and require that 40 quarters right ? We prove to the IO that our marriage is bona fide and I supply and he supply bunch of prof that our marriage is bona fide and entered in good faith.. 

 

I'm not physically abused but mentally and emotionally because after of my arrival here in the US he told me that I need to get a job right away cause if not our relationship will not work out which I tried to work it out to find a job or work the relationship.. I found part time job which is really low salary only on weekend which but to direct client as (caregiver) I got only 800$ a month but all of those went to paying rent (splitting the rent with him) which I'm always afraid if I can't pay because he will always brought that he will send me back home if I will not pay the rent it looks like he marry me just to split with him with the rent and also he put me on his insurance which I also paying monthly 100$. he didn't offer any help to me since I arrived or even giving me fair to buses to go work and even he told me not to eat the food he bought from groceries. I don't know what I am in his life as a wife or just want a split for all the bills. ? He threathened me for deportation every time I failed to pay the rent. Which I don't understand...

 

 

 

[Caryle 0]

they won't approve the petition since there is no bona fide marriage, you lied and he probably came clean and requested the withdraw

 

no i864, no petition

----

 

i never lied to the IO after she asked me where's my address I told her right away we have marital problem that's why we're separated, she asked about our marriage which me and my husband both answers well I do believe our both answers are prof that the marriage is bona fide my profs are health insurance and conversations text, chats and pictures with me and him and with his family and even his birthday card letter to me and from

his sister letter to me as well. After that the IO told me to go out for cause she will interview my husband after the interview my husband told me he withdrawn the affidavit of support.. 

 

 

the IO Asked me as well if I do have work which I told her Yes I got a job after my EAD AND SNN arrived... but my job is not yet started I only have private clients..

 

again he didnt help me to stand stand on my own feet which I understand that's what I-864 stands for... 

 

 

thanks 

[Charming12 59]

1 minute ago, Caryle said:

they won't approve the petition since there is no bona fide marriage, you lied and he probably came clean and requested the withdraw

 

no i864, no petition

----

 

i never lied to the IO after she asked me where's my address I told her right away we have marital problem that's why we're separated, she asked about our marriage which me and my husband both answers well I do believe our both answers are prof that the marriage is bona fide my profs are health insurance and conversations text, chats and pictures with me and him and with his family and even his birthday card letter to me and from

his sister letter to me as well. After that the IO told me to go out for cause she will interview my husband after the interview my husband told me he withdrawn the affidavit of support.. 

 

 

the IO Asked me as well if I do have work which I told her Yes I got a job after my EAD AND SNN arrived... but my job is not yet started I only have private clients..

 

again he didnt help me to stand stand on my own feet which I understand that's what I-864 stands for... 

 

 

thanks 

If I was in place of you I would have left him and gone to home long time ago and there is no point that you stay in america and live a miserable life just for green card.  I would still recommend you get a divorce and move on. GC isnt worth it after all this happened. Just ask him to buy you a ticket and then move on

Good luck!

[Roel 7,191]

The fact that he told you to get a job and share financial responsibilities with him (rent, insurance) isn't abuse... It's marriage. Also I don't think any of that counts as a extreme abuse.

Plus it's your side of the story versus his. He has a right to pull his support for your AoS. If you're unhappy, nothing stops you from divorcing him.

[Charming12 59]

Just now, Roel said:

The fact that he told you to get a job and share financial responsibilities with him (rent, insurance) isn't abuse... It's marriage. Also I don't think any of that counts as a extreme abuse.

Plus it's your side of the story versus his. He has a right to pull his support for your AoS. If you're unhappy, nothing stops you from divorcing him.

but she is here for GC

[Caryle 0]

If I was in place of you I would have left him and gone to home long time ago and there is no point that you stay in america and live a miserable life just for green card.  I would still recommend you get a divorce and move on. GC isnt worth it after all this happened. Just ask him to buy you a ticket and then move on

Good luck!

 

 

yes we filed the divorce and got serve yesterday I'm fighting for my rights here not because of my GC , I don't care about my GC I just don't want to go home with tour divorce...

[Caryle 0]

@Roel that time I don't have enough money I only earned 800$ a month the rent he wants me to split is 600$ + 100$ insurance my question to you ?

 

 

do you want to force your wife to work while you know she don't have working permit ? You know the law here in the US right ? NO WORKING PERMIT NO SSN NO JOB!!!

 

Im very ok splitting rent and etc but he can't wait my legality here he just want money which he is so greedy... 

 

what if ICE will caught me working without working permit ? For sure the problem is him him and me right ?

[Charming12 59]

Just now, Caryle said:

If I was in place of you I would have left him and gone to home long time ago and there is no point that you stay in america and live a miserable life just for green card.  I would still recommend you get a divorce and move on. GC isnt worth it after all this happened. Just ask him to buy you a ticket and then move on

Good luck!

 

 

yes we filed the divorce and got serve yesterday I'm fighting for my rights here not because of my GC , I don't care about my GC I just don't want to go home with tour divorce...

How you are going to stay here, if he withdrew affidavit of support. if that is the case, there is no base for you to stay here legally.Cheating itself wont let you to proceed with VAWA unless he abused you physically. Anyway, good luck!

[Caryle 0]

How you are going to stay here, if he withdrew affidavit of support. if that is the case, there is no base for you to stay here legally.Cheating itself wont let you to proceed with VAWA unless he abused you physically. Anyway, good luck!

 

@charming12 

 

please read VAWA application emotional and mental abused are also valid for VAWA..

 

 

[Charming12 59]

1 minute ago, Caryle said:

How you are going to stay here, if he withdrew affidavit of support. if that is the case, there is no base for you to stay here legally.Cheating itself wont let you to proceed with VAWA unless he abused you physically. Anyway, good luck!

 

@charming12 

 

please read VAWA application emotional and mental abused are also valid for VAWA..

 

okay but I thought you werent care about VAWA based green card as you quoted me in earlier post that you arent care abt green card. anyway good luck with your VAWA application.

[Caryle 0]

okay but I thought you werent care about VAWA based green card as you quoted me in earlier post that you arent care abt green card. anyway good luck with your VAWA application.

 

@charming 12 

 

my question in my thread is Do you think they will approved his withdrawal since the IO told me that she will send me letter if she needs some documents from me.

 

ofcourse I care about VAWA...I don't know what is your ethnicity but I think mostly Filipino wives treated wrongly by USC spouse including me so by then it's time move right? not just like going back home and pretend nothing happened... 

 

 

[Hopeful diva 99]

Once you withdraw the affidavit of support, the AOS will be denied