Is affidavit of support can be withdrawn during the AOS interview?

[Charming12 59]

8 minutes ago, Caryle said:

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... 

 

 

yeah  but even in that case you shudnt let him treated you badly you by doing illegal work without EAD card. Thats the problem where USC spouse take advantage of alien coz they thought alien came here for immigration purposes, I am sorry but thats the problem when people get married for immigration purposes. As I said, If I knew that my spouse forced me to do illegal work or anything that is disrespectful, I would have divorce him at that time and move on.

[Transborderwife 4,666]

36 minutes 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..

 

 

Cheating isn't mental abuse 

[USAMorocco 143]

2 hours ago, Caryle said:

@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...

 

 

 

The I-864 does NOT STATE he is to provide support to you for the 40 quarters.  It is only a contract between the sponsor and the government that YOU the immigrant will not become a public charge and live off the system. At no time ever do any of the papers say anyone is to support you here.  I'm sorry you are going through this but claiming he has to support you is just not true.  

[Unlockable 7,306]

1 hour ago, Caryle said:

 

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... 

 

 

Caryle,

 

The point people are trying to make here is that you VAWA case may get denied. Then you will not have a legal way of staying here. We have seen some serious abuse cases here. The claims you have brought up doesn't seem like a strong case for VAWA. You keep claiming it is but you need to really read through the examples of abuse. You will likely have to submit evidence for your claims. Cheating is not a claim for VAWA.

 

Again, you are here asking if you have a case and people are responding. It may not be what you want to hear but at some point you will have to make a decision to move forward with this or not. And like I said, VAWA's aren't automatic. If you are denied, you will be in a situation where you will not have a legal way to stay.

 

 

Good luck.

[geowrian 22,336]

It doesn't sound like you have a strong VAWA case IMHO, but if you feel you meet the requirements then you are free to apply for it. But I would get prepared (at least emotionally) for having to leave the US.

 

As for AOS, any I-864 sponsor is free to withdraw it until the case is adjudicated. Legally, your husband is not required to abide by the I-864's terms until the case is approved - the fact that he signed and submitted one in the past doesn't matter...it has been withdrawn and no longer applies. Even then, the I-864 does not mean he has to take care of you necessarily. The actual affidavit is between him and the US government.to compensate them for certain means-tested benefits you may receive from the US government. The activities revolving around having to support you (or not) is a marriage issue, not an immigration one. I suggest seeking a good divorce lawyer to address those types of concerns, but the I-864 is not relevant to that. The only relevance the I-864 has to your case is that it is now withdrawn and therefore you can no longer AOS.

3 hours ago, Caryle said:

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..

I'm confused here...you said you were forced to get a job before your EAD. But you told the IO you got a job after your EAD and SSN arrived? Also, having private clients is still work....it's self-employment.

Edited April 23, 2017 by geowrian

[Roel 7,191]

You also need proof for VAWA. Police reports, papers from the hospital, etc.

[f f 725]

out of curiosity if the husband pulls the i864 can the i485 continue with a different sponsor? I would tend to think he would have to pull his support from the i485 specifically to totally kill the petition. and since she came on a k1 she can only adjust through him or the really long shot vawa.

 

keep in mind you could have said no to working illegally and taken a moral high ground. but since it happened you have to admit to it or else they will catch you lying and would make it even harder for the vawa since they may think you are lying here too.

[geowrian 22,336]

5 minutes ago, f f said:

out of curiosity if the husband pulls the i864 can the i485 continue with a different sponsor? I would tend to think he would have to pull his support from the i485 specifically to totally kill the petition. and since she came on a k1 she can only adjust through him or the really long shot vawa.

The basis for filing the I-485 is as the spouse of a USC via a K-1 visa. As such, that spouse is required to be a sponsor for the I-864. Even if they were adjusting via a tourist, J-1, F-1, etc. status, the underlying I-130's petitioner would still need to be a sponsor for the I-864.

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support

"Affidavit of Support For Fiancé(e), Spouse, or Child as a “K” Nonimmigrant

If your relative is either a “K-1” fiancé(e), a “K-3” spouse, or a “K-2” or “K-4” child of fiancé(e) or spouse, you do not need to submit an affidavit of support at the time you file your Form I-129F petition. Instead, you should submit an affidavit of support at the time that your fiancé(e), spouse, or child adjusts status to permanent resident after coming to the United States."

 

"Sponsor for Affidavit of Support

If you filed an immigrant visa petition for your relative, you must be the sponsor."

 

 

As for the I-485 itself, I don't think there is such a thing as pulling the support...it's the beneficiary's application and technically it can be filed without the support of the USC/LPR (it doesn't require their consent or signature to do so). I'm not saying it would be approved by any means (due to, in part, the lack of the required I-864 from them), but you cannot (AFAIK) pull your support as the USC/LPR since you never provided support on that form. Maybe somebody else can chime in here, but that's my understanding.

[Hypnos 6,576]

I doubt you have a case under VAWA.

[Thesmiths2016 117]

11 hours 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 

I'm not quite following what it is you want or don't want from this situation.  However I do have comments on the following:

 

The i864 isn't an agreement for him to help you stand on your own feet. It's an agreement to the government that he will be able to support you if you become a public charge (eg: if you can't find a job, come into hardship etc). It's to make sure you won't move to America and go on welfare. 

 

Wanting you to get a job and pay half the rent isn't abuse. It's quite standard for a married couple to be equally invested in these costs. In fact an expectation for him to provide all these for you seems odd. A marriage is for love but what you are explaining sounds more like a business arrangement. 

[belinda63 2,981]

In the United States it is usual for the husband and wife to both work and both provide for the household. This is not abuse it is a fact of life that one income rarely will provide enough to live comfortably. Cheating is not abuse. This is a sign the marriage is not working. You have already stated under oath you did not work without an EAD so why should they believe you now when you change your story? You have been married a very short time and have little in the US. I would suggest you return home now. You have no rights to immigration nor a job nor financial support. Alimony is rarely awarded in family court and your marriage is much to short for it to happen.

[Caryle 0]

The basis for filing the I-485 is as the spouse of a USC via a K-1 visa. As such, that spouse is required to be a sponsor for the I-864. Even if they were adjusting via a tourist, J-1, F-1, etc. status, the underlying I-130's petitioner would still need to be a sponsor for the I-864.

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support

"Affidavit of Support For Fiancé(e), Spouse, or Child as a “K” Nonimmigrant

If your relative is either a “K-1” fiancé(e), a “K-3” spouse, or a “K-2” or “K-4” child of fiancé(e) or spouse, you do not need to submit an affidavit of support at the time you file your Form I-129F petition. Instead, you should submit an affidavit of support at the time that your fiancé(e), spouse, or child adjusts status to permanent resident after coming to the United States."

 

"Sponsor for Affidavit of Support

If you filed an immigrant visa petition for your relative, you must be the sponsor."

 

 

As for the I-485 itself, I don't think there is such a thing as pulling the support...it's the beneficiary's application and technically it can be filed without the support of the USC/LPR (it doesn't require their consent or signature to do so). I'm not saying it would be approved by any means (due to, in part, the lack of the required I-864 from them), but you cannot (AFAIK) pull your support as the USC/LPR since you never provided support on that form. Maybe somebody else can chime in here, but that's my understanding.

 

 

hi 

 

thats why I'm asking here because during the interview it went well actually.We didn't pretend that the marriage is OK.. I told the IO that we have marital problem that's why we're separated and going to divorce. I'm reading bunch of forums or lawyers opinion online,that YES it can be withdrawn but my question is Do You Think They approved his withdrawal during the day of AOS INTERVIEW or Ofcourse they need to look my case first before they decide? Yes I came to US to take risk because he promise he will give me a good life im not saying good life because of money matters.. good life of having a good marriage!!

 

for VAWA issue...Im not saying cheating is abused in the case of VAWA but due to cheating of course I'm mentally abused because that time I caught my husband cheated on me makes me think I wanna go home, (which I can't because I don't have money for my ticket cause he dont want to give me any money)...

 

i dont want to elaborate the abuses here because there are bunch...that's why im here is because of my question if you think they approved his pulling the support while during the interview it went well and I have prof of bona fide marriage get along with my papers support such pictures,letters , his family pictures , bills, utility,etc...

[Caryle 0]

Sorry guys im not here for arguments I'm here for asking help  

[Transborderwife 4,666]

3 minutes ago, Caryle said:

The basis for filing the I-485 is as the spouse of a USC via a K-1 visa. As such, that spouse is required to be a sponsor for the I-864. Even if they were adjusting via a tourist, J-1, F-1, etc. status, the underlying I-130's petitioner would still need to be a sponsor for the I-864.

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support

"Affidavit of Support For Fiancé(e), Spouse, or Child as a “K” Nonimmigrant

If your relative is either a “K-1” fiancé(e), a “K-3” spouse, or a “K-2” or “K-4” child of fiancé(e) or spouse, you do not need to submit an affidavit of support at the time you file your Form I-129F petition. Instead, you should submit an affidavit of support at the time that your fiancé(e), spouse, or child adjusts status to permanent resident after coming to the United States."

 

"Sponsor for Affidavit of Support

If you filed an immigrant visa petition for your relative, you must be the sponsor."

 

 

As for the I-485 itself, I don't think there is such a thing as pulling the support...it's the beneficiary's application and technically it can be filed without the support of the USC/LPR (it doesn't require their consent or signature to do so). I'm not saying it would be approved by any means (due to, in part, the lack of the required I-864 from them), but you cannot (AFAIK) pull your support as the USC/LPR since you never provided support on that form. Maybe somebody else can chime in here, but that's my understanding.

 

 

hi 

 

thats why I'm asking here because during the interview it went well actually.We didn't pretend that the marriage is OK.. I told the IO that we have marital problem that's why we're separated and going to divorce. I'm reading bunch of forums or lawyers opinion online,that YES it can be withdrawn but my question is Do You Think They approved his withdrawal during the day of AOS INTERVIEW or Ofcourse they need to look my case first before they decide? Yes I came to US to take risk because he promise he will give me a good life im not saying good life because of money matters.. good life of having a good marriage!!

 

for VAWA issue...Im not saying cheating is abused in the case of VAWA but due to cheating of course I'm mentally abused because that time I caught my husband cheated on me makes me think I wanna go home, (which I can't because I don't have money for my ticket cause he dont want to give me any money)...

 

i dont want to elaborate the abuses here because there are bunch...that's why im here is because of my question if you think they approved his pulling the support while during the interview it went well and I have prof of bona fide marriage get along with my papers support such pictures,letters , his family pictures , bills, utility,etc...

If he's willing to hold to the I-864 yes, a divorced or separated k1 can AOS successfully I'm unsure if you were asking that.

[Caryle 0]

f he's willing to hold to the I-864 yes, a divorced or separated k1 can AOS successfully I'm unsure if you were asking that!

 

he withdrawed the I-864 during the interview but what I've read in other online opinion it can't be approved or very tricky as well to get approved!!!

 

ughhh I'm confused  in other hand I can also sue him under the law of California  ..