Can you file for i-864W instead of I-864 if your spouse is abusive after 130 is approved?

[flyingblues 0]

Hi. Our i-130 was approved at the USCIS office at the US embassy a couple of months ago but she is very bi-polar and she has been neglecting her son (my stepson) and she used to beat me a couple of times ever since then but I didn't hit her back because I'm a man. She has not been working and I have been feeding her and her son by having two jobs but instead of appreciating me, she curses at me very often and complains about everything like not buying what she wants to eat and what she wants to get. She left her son at home at night and went to party when I was doing my night shift and she suddenly called me to pick her up without a notice after she got drunk and when I said I couldn't, she got so mad and got abusive. We have been living together abroad but she went back to the US for holidays. I have her crazy text messages and videos that I filmed and have a witness. I'm afraid to ask her for i-864 now. She is now even threatening me. I wonder if I can do i-864W instead of i-864 but the instruction says you should have filed an i-360 instead of i-130. 

 

1. So am I not qualified for i-864W because we filed i-130 instead of i-360? Or can I still go with an i-864W if I have evidences?

 

2. If I'm not qualified, can I still cancel the i-130 and submit i-360 again at the USCIS office at the US embassy in my country?

 

Edited January 2, 2018 by flyingblues

[Ryan H 3,925]

***Moved from Progress Reports to Process & Procedures.***

 

**Moderator hat off**

 

I can't speak to matters regarding the I-360.  As the beneficiary, you have no standing to withdraw the I-130, that is something only a petitioner can do.  However, if you do not want to continue with the relationship that is the basis of the filed I-130 (and I highly suggest that you don't), then you can take no further actions on it.