K3 and Divorce

[pushbrk 12,115]

Does anyone know what will happen after I withdraw the petition? I had asked this question earlier before but did not get an answer (hoping someone new is reading now). Will she be deported (as harsh as it sounds)? I am willing to help her financially but she "wants it all".

Any ideas as to what I can do? Thanks.

....I think it is important that you understand there is no petition to withdraw at this point. Your wife has applied to adjust her status. You are the sponsor. As such, you signed an I-864. An I-864 cannot be "withdrawn" by the sponsor.

.....Your wife will have a hard time convincing a USCIS adjudicator you have a bona fide relationship, if you're sitting there saying you want a divorce but that is not the end of her recourse against you as a sponsor. She can claim abuse, get a green card and hold you to the I-864.

It is even possible, her AOS case will be transferred to CSC and the green card awarded without an interview. That's the case where you would want to intervene, if at all possible, should you still wish to do so. There's a lot to consider here. Competitent legal assistance is probably in order, if you wish to disolve the marriage.

That's not correct. An USC petitioner can request that the AOS be withdrawn on the basis that the marriage through which the alien is afforded the opportunity to gain PR is not valid. Further, if the USC makes a request to withdraw his endorsement on the AOS submission, rendering the alien to her own devices in terms of finding another way to adjust status, the I-864 will fall with the withdrawn application. Bear in mind, adjustment of status depends upon a viable marriage.

i'm glad you caught that one and corrected it. i was going to question it earlier but had computer issues.

i'm also not sure that claiming abuse is a sure fire method either, as pushbrk earlier listed.

I didn't suggest claiming abuse was a sure fire method. It is the only remaining recourse, if there is no valid marriage.

What was wrong with my statement was that evidently, the I-864 CAN BE withdrawn by the petitioner. What's wrong with the correction is that it is the I-864 that can be withdrawn by the USC, not the AOS application, because the USC didn't file the AOS application. The foreign spouse did. Withdraw or not, if there is no valid marriage, the only recourse left to the foreign spouse is to claim abuse. Such a claim may or may not have the desired result.

[diadromous mermaid 36]

Does anyone know what will happen after I withdraw the petition? I had asked this question earlier before but did not get an answer (hoping someone new is reading now). Will she be deported (as harsh as it sounds)? I am willing to help her financially but she "wants it all".

Any ideas as to what I can do? Thanks.

....I think it is important that you understand there is no petition to withdraw at this point. Your wife has applied to adjust her status. You are the sponsor. As such, you signed an I-864. An I-864 cannot be "withdrawn" by the sponsor.

.....Your wife will have a hard time convincing a USCIS adjudicator you have a bona fide relationship, if you're sitting there saying you want a divorce but that is not the end of her recourse against you as a sponsor. She can claim abuse, get a green card and hold you to the I-864.

It is even possible, her AOS case will be transferred to CSC and the green card awarded without an interview. That's the case where you would want to intervene, if at all possible, should you still wish to do so. There's a lot to consider here. Competitent legal assistance is probably in order, if you wish to disolve the marriage.

That's not correct. An USC petitioner can request that the AOS be withdrawn on the basis that the marriage through which the alien is afforded the opportunity to gain PR is not valid. Further, if the USC makes a request to withdraw his endorsement on the AOS submission, rendering the alien to her own devices in terms of finding another way to adjust status, the I-864 will fall with the withdrawn application. Bear in mind, adjustment of status depends upon a viable marriage.

i'm glad you caught that one and corrected it. i was going to question it earlier but had computer issues.

i'm also not sure that claiming abuse is a sure fire method either, as pushbrk earlier listed.

I didn't suggest claiming abuse was a sure fire method. It is the only remaining recourse, if there is no valid marriage.

What was wrong with my statement was that evidently, the I-864 CAN BE withdrawn by the petitioner. What's wrong with the correction is that it is the I-864 that can be withdrawn by the USC, not the AOS application, because the USC didn't file the AOS application. The foreign spouse did. Withdraw or not, if there is no valid marriage, the only recourse left to the foreign spouse is to claim abuse. Such a claim may or may not have the desired result.

Succinctly, what is wrong with your post is that you are suggesting that the petitioner, the USC, has no part in the AOS submission ~ that is "belongs" as it were, solely to the alien. That the USC can only withdraw an I-864 instead, prior to adjudication of the "alien's" adjustment application, that is, leaving the alien without the mandated Affidavit of Support.

The truth is that the USC does have a part to play in the AOS submission. A submission by the alien, is only effective if the very marriage through which the alien is afforded the benefit of adjustment is viable. While the USC does not sign the adjustment form I-485, itself, he or she contributes in a very crucial way in supplying the necessary commitment to the government, by way of the I-864, and the absence of any claim that the marriage is NOT viable. Therefore, the USC can withdraw his or her endorsement of the submission by the alien, through declaration that the marriage is/was or was never viable. It is at that point that the submission, made by the alien, of form I-485 will fail, be denied and therefore no need for the I-864 exists.

While you may think that this is the same thing, in fact, even if merely a subtle distinction, makes the situation wholly different.

[pushbrk 12,115]

Does anyone know what will happen after I withdraw the petition? I had asked this question earlier before but did not get an answer (hoping someone new is reading now). Will she be deported (as harsh as it sounds)? I am willing to help her financially but she "wants it all".

Any ideas as to what I can do? Thanks.

....I think it is important that you understand there is no petition to withdraw at this point. Your wife has applied to adjust her status. You are the sponsor. As such, you signed an I-864. An I-864 cannot be "withdrawn" by the sponsor.

.....Your wife will have a hard time convincing a USCIS adjudicator you have a bona fide relationship, if you're sitting there saying you want a divorce but that is not the end of her recourse against you as a sponsor. She can claim abuse, get a green card and hold you to the I-864.

It is even possible, her AOS case will be transferred to CSC and the green card awarded without an interview. That's the case where you would want to intervene, if at all possible, should you still wish to do so. There's a lot to consider here. Competitent legal assistance is probably in order, if you wish to disolve the marriage.

That's not correct. An USC petitioner can request that the AOS be withdrawn on the basis that the marriage through which the alien is afforded the opportunity to gain PR is not valid. Further, if the USC makes a request to withdraw his endorsement on the AOS submission, rendering the alien to her own devices in terms of finding another way to adjust status, the I-864 will fall with the withdrawn application. Bear in mind, adjustment of status depends upon a viable marriage.

i'm glad you caught that one and corrected it. i was going to question it earlier but had computer issues.

i'm also not sure that claiming abuse is a sure fire method either, as pushbrk earlier listed.

I didn't suggest claiming abuse was a sure fire method. It is the only remaining recourse, if there is no valid marriage.

What was wrong with my statement was that evidently, the I-864 CAN BE withdrawn by the petitioner. What's wrong with the correction is that it is the I-864 that can be withdrawn by the USC, not the AOS application, because the USC didn't file the AOS application. The foreign spouse did. Withdraw or not, if there is no valid marriage, the only recourse left to the foreign spouse is to claim abuse. Such a claim may or may not have the desired result.

Succinctly, what is wrong with your post is that you are suggesting that the petitioner, the USC, has no part in the AOS submission ~ that is "belongs" as it were, solely to the alien. That the USC can only withdraw an I-864 instead, prior to adjudication of the "alien's" adjustment application, that is, leaving the alien without the mandated Affidavit of Support.

The truth is that the USC does have a part to play in the AOS submission. A submission by the alien, is only effective if the very marriage through which the alien is afforded the benefit of adjustment is viable. While the USC does not sign the adjustment form I-485, itself, he or she contributes in a very crucial way in supplying the necessary commitment to the government, by way of the I-864, and the absence of any claim that the marriage is NOT viable. Therefore, the USC can withdraw his or her endorsement of the submission by the alien, through declaration that the marriage is/was or was never viable. It is at that point that the submission, made by the alien, of form I-485 will fail, be denied and therefore no need for the I-864 exists.

While you may think that this is the same thing, in fact, even if merely a subtle distinction, makes the situation wholly different.

It this case, your inference matches no implications found in my post. I agree that the assertion of the lack of a viable marriage by the USC, effectively prevents the AOS from succeeding based on the marriage relationship. This can be accomplished as simply as not showing up for the interview.

Are you recommending a different course of action than I have? If so, what is it?

[diadromous mermaid 36]

Does anyone know what will happen after I withdraw the petition? I had asked this question earlier before but did not get an answer (hoping someone new is reading now). Will she be deported (as harsh as it sounds)? I am willing to help her financially but she "wants it all".

Any ideas as to what I can do? Thanks.

....I think it is important that you understand there is no petition to withdraw at this point. Your wife has applied to adjust her status. You are the sponsor. As such, you signed an I-864. An I-864 cannot be "withdrawn" by the sponsor.

.....Your wife will have a hard time convincing a USCIS adjudicator you have a bona fide relationship, if you're sitting there saying you want a divorce but that is not the end of her recourse against you as a sponsor. She can claim abuse, get a green card and hold you to the I-864.

It is even possible, her AOS case will be transferred to CSC and the green card awarded without an interview. That's the case where you would want to intervene, if at all possible, should you still wish to do so. There's a lot to consider here. Competitent legal assistance is probably in order, if you wish to disolve the marriage.

That's not correct. An USC petitioner can request that the AOS be withdrawn on the basis that the marriage through which the alien is afforded the opportunity to gain PR is not valid. Further, if the USC makes a request to withdraw his endorsement on the AOS submission, rendering the alien to her own devices in terms of finding another way to adjust status, the I-864 will fall with the withdrawn application. Bear in mind, adjustment of status depends upon a viable marriage.

i'm glad you caught that one and corrected it. i was going to question it earlier but had computer issues.

i'm also not sure that claiming abuse is a sure fire method either, as pushbrk earlier listed.

I didn't suggest claiming abuse was a sure fire method. It is the only remaining recourse, if there is no valid marriage.

What was wrong with my statement was that evidently, the I-864 CAN BE withdrawn by the petitioner. What's wrong with the correction is that it is the I-864 that can be withdrawn by the USC, not the AOS application, because the USC didn't file the AOS application. The foreign spouse did. Withdraw or not, if there is no valid marriage, the only recourse left to the foreign spouse is to claim abuse. Such a claim may or may not have the desired result.

Succinctly, what is wrong with your post is that you are suggesting that the petitioner, the USC, has no part in the AOS submission ~ that is "belongs" as it were, solely to the alien. That the USC can only withdraw an I-864 instead, prior to adjudication of the "alien's" adjustment application, that is, leaving the alien without the mandated Affidavit of Support.

The truth is that the USC does have a part to play in the AOS submission. A submission by the alien, is only effective if the very marriage through which the alien is afforded the benefit of adjustment is viable. While the USC does not sign the adjustment form I-485, itself, he or she contributes in a very crucial way in supplying the necessary commitment to the government, by way of the I-864, and the absence of any claim that the marriage is NOT viable. Therefore, the USC can withdraw his or her endorsement of the submission by the alien, through declaration that the marriage is/was or was never viable. It is at that point that the submission, made by the alien, of form I-485 will fail, be denied and therefore no need for the I-864 exists.

While you may think that this is the same thing, in fact, even if merely a subtle distinction, makes the situation wholly different.

It this case, your inference matches no implications found in my post. I agree that the assertion of the lack of a viable marriage by the USC, effectively prevents the AOS from succeeding based on the marriage relationship. This can be accomplished as simply as not showing up for the interview.

Are you recommending a different course of action than I have? If so, what is it?

Apparently, one of us does not speak English so I will reiterate my point and see if you will get it this time. You wrote...

What was wrong with my statement was that evidently, the I-864 CAN BE withdrawn by the petitioner.

Incorrect. The I-864 cannot be withdrawn by anyone. The I-864 can only be satisfied, or deemed unnnecessary.

You then said...

What's wrong with the correction is that it is the I-864 that can be withdrawn by the USC, not the AOS application, because the USC didn't file the AOS application.

Incorrect again. The I-864 cannot be withdrawn by the USC, or by the alien. Further, the AOS form I-485 is signed by the alien ~ the beneficiary, the applicant. However, the submission comprises more than the I-485 form. And furthermore, the USC petitioner, while not having endorsed the I-485 form itself, is endorsing the entire immigration process, and as such can request of the USCIS that his or her "endorsement" (note that in this case endorsement is not used in the literal sense, as in the I-485 form, but rather in the general sense, as in his or her affirmation that the alien is in a bona fide marriage and as in a request of USCIS that immigrant benefit be afforded to the alien.

And lastly, you wrote:

Withdraw or not, if there is no valid marriage, the only recourse left to the foreign spouse is to claim abuse. Such a claim may or may not have the desired result.

Incorrect one mo' time. All VAWA petitions require that the alien, first and foremost, demonstrate that the marriage is/was or was always bona fide. Valid? Or viable, pushbrk? Terminology; correct terminology is imperative!

[Killer_Clown_2009 0]

Can you cite your sources please? Because according to this memo from USCIS, you are INCORRECT and an affidavit of support can be withdarwn.

http://www.immigration.com/newsletter1/affsuppfmconpol.pdf

(h) Withdrawal of an affidavit of support or Form I-864A. A person who has signed a Form I-864, I-864EZ or I-864A may withdraw the Form. If the person does so, USCIS will adjudicate the application for adjustment of status as if the withdrawn Form I-864, I-864A or I-864EZ had never been filed. In an adjustment of status case, a withdrawal of the Form I-864, I-864EZ or I-864A is not effective unless it is in writing and USCIS actually receives the withdrawal before the final decision on the adjustment application. In an immigrant visa case, once a consular officer has issued an immigrant visa, no Form I-864, I-864EZ or I-864A may be withdrawn unless the visa petitioner also withdraws the visa petition.

Edited August 29, 2007 by jane2005

[Killer_Clown_2009 0]

deleted

Edited August 29, 2007 by jane2005

[diadromous mermaid 36]

Can you cite your sources please? Because according to this memo from USCIS, you are INCORRECT and an affidavit of support can be withdarwn.

http://www.immigration.com/newsletter1/affsuppfmconpol.pdf

(h) Withdrawal of an affidavit of support or Form I-864A. A person who has signed a Form I-864, I-864EZ or I-864A may withdraw the Form. If the person does so, USCIS will adjudicate the application for adjustment of status as if the withdrawn Form I-864, I-864A or I-864EZ had never been filed. In an adjustment of status case, a withdrawal of the Form I-864, I-864EZ or I-864A is not effective unless it is in writing and USCIS actually receives the withdrawal before the final decision on the adjustment application. In an immigrant visa case, once a consular officer has issued an immigrant visa, no Form I-864, I-864EZ or I-864A may be withdrawn unless the visa petitioner also withdraws the visa petition.

This above exerpt pertains to cases that are submitted and not yet adjudicated. My comment to pushbrk was relating to post adjudication.

Naturally, any petition/application or affidavit can be withdrawn prior to the petition to which it is an accompaniement is decided. But once the petition or adjustment application has been adjudicated, the Affidvait of Support is binding, and only satisfaction or rescission or revocation of status can release the sponsor from that obligation.

[Killer_Clown_2009 0]

Now I am super confused.

Earlier you said this:

"Therefore, the USC can withdraw his or her endorsement of the submission by the alien, through declaration that the marriage is/was or was never viable. It is at that point that the submission, made by the alien, of form I-485 will fail, be denied and therefore no need for the I-864 exists"

You arestating that the I-485 will fail or be denied. Question: If we are discussing an ADJUDICATED AOS application, ie: one that has already been decided, how can it then fail or be denied, if it has ALREADY been decided?

Are saying that after someone is given a Green Card (case was adjudicated and they were approved), that the petitioner can then declare that the marriage was not viable and the AOS application (will be reopened and the AOS will then "fail or be denied"?

Edited August 30, 2007 by jane2005

[Killer_Clown_2009 0]

Can you please cite your source? Because I'd be very interested in reading more about how a petitioner can cause an already adjudicated AOS application to be denied based on his/her statement that their marriage is not viable.

[diadromous mermaid 36]

Can you please cite your source? Because I'd be very interested in reading more about how a petitioner can cause an already adjudicated AOS application to be denied based on his/her statement that their marriage is not viable.

OK, sorry I am confusing you. And it appears that you are, so let me explain it another way.

The citation that you found, referring to withdrawing an I-864 (I-864A,EZ et al) speaks to that withdrawal occurring before it becomes "binding". An Affidavit of Support becomes binding when the application to which it is connected is adjudicated. When does that adjudication occur and thus the I-864 becomes irrevocable? Well, with those aliens making an immigrant entry~ it is when the immigrant visa is issued.

With those making non-immigrant entries, as in aliens that are adjusting here in the USA ~ then the I-864 becomes binding when the adjustment of status is adjudicated.

So, to further clarify and cite the matter with respect to the different times that the I-864 becomes enforceable or binding in the two scenarios

(e) Commencement and termination of support obligation. (1) With

respect to any intending immigrant, the support obligation and change of

address obligation imposed on a sponsor, substitute sponsor, or joint

sponsor under Form I-864, and any household member's support obligation

under Form I-864A, all begin when the immigration officer or the

immigration judge grants the intending immigrant's application

for admission as an immigrant or for adjustment of status on the basis

of an application for admission or adjustment that included the Form I-

864 or Form I-864A.

From:

TITLE 8--ALIENS AND NATIONALITY

CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

PART 213a_AFFIDAVITS OF SUPPORT ON BEHALF OF IMMIGRANTS--

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

Now let's address the withdrawal of an I-864.

The CFR states that an I-864 can be withdrawn only prior to it becoming enforceable, or binding.

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

Here's the critical clause...

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.

From:

Code of Federal Regulations, Title 8, Volume 1 (Revised as of January 1, 2007)

From the U.S. Government Printing Office via GPO Access

CITE: 8CFR213a.2

OK, now what if a USC sponsor withdrew an I-864 before the adjustment of status application was decided?: What happens? Well, in the case of a USC spouse, who is required to be the primary sponsor, then the application will fail. In the case of a joint sponsor, well another would have to be found.

Now what about after adjudication of the application or after the visa has been issued? Can the I-864 be withdrawn? The simple answer is "NO". It is a legally enforceable agreement, irrevocable, unless facts are brought to the Service's attention that would create reason for them to believe that the status (the Permanent Residency) was acquired either fraudulently or inappropriately. In which case, the status would then be at risk of revocation or rescission. If that occurs then the sponsorship would no longer be necessary.

Better?

[looking4peace 0]

Folks, my utmost gratitude to everyone who has participated on this thread. This morning, I went to the local immigration office (second appointment), filled out a form in which I withdrew the Affidavit of Support and also the petition (that's what the form said). An immigration officer signed it and another immigration officer signed as a witness, thereby accepting the application (it did not have a form number). Basically after this, the wheels are going to stop spinning on the case (as I was told) and the case would be taken out of the "pending pile" in Nebraska. I got a copy of the signed form and left. I was told that I would be getting a letter and then probably a call to appear at the district office. Even though I did not file for the Adjustment of Status, the basic assumption is that a viable marriage is needed to lift conditions along with an Affidavit of Support from me. Since I withdrew the Support letter, the application is now on it's way to get denied. However, my spouse can try lifting the conditions herself on whatever else grounds, appealing it all the way to the Supreme Court in front of Immigration Judges (which effectively may take years).

Does anyone know what happens after this? Has anyone withdrawn a Affidavit of Support before? Any educated guesses?

Thank you.

Can you please cite your source? Because I'd be very interested in reading more about how a petitioner can cause an already adjudicated AOS application to be denied based on his/her statement that their marriage is not viable.

OK, sorry I am confusing you. And it appears that you are, so let me explain it another way.

The citation that you found, referring to withdrawing an I-864 (I-864A,EZ et al) speaks to that withdrawal occurring before it becomes "binding". An Affidavit of Support becomes binding when the application to which it is connected is adjudicated. When does that adjudication occur and thus the I-864 becomes irrevocable? Well, with those aliens making an immigrant entry~ it is when the immigrant visa is issued.

With those making non-immigrant entries, as in aliens that are adjusting here in the USA ~ then the I-864 becomes binding when the adjustment of status is adjudicated.

So, to further clarify and cite the matter with respect to the different times that the I-864 becomes enforceable or binding in the two scenarios

(e) Commencement and termination of support obligation. (1) With

respect to any intending immigrant, the support obligation and change of

address obligation imposed on a sponsor, substitute sponsor, or joint

sponsor under Form I-864, and any household member's support obligation

under Form I-864A, all begin when the immigration officer or the

immigration judge grants the intending immigrant's application

for admission as an immigrant or for adjustment of status on the basis

of an application for admission or adjustment that included the Form I-

864 or Form I-864A.

From:

TITLE 8--ALIENS AND NATIONALITY

CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

PART 213a_AFFIDAVITS OF SUPPORT ON BEHALF OF IMMIGRANTS--

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

Now let's address the withdrawal of an I-864.

The CFR states that an I-864 can be withdrawn only prior to it becoming enforceable, or binding.

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

Here's the critical clause...

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.

From:

Code of Federal Regulations, Title 8, Volume 1 (Revised as of January 1, 2007)

From the U.S. Government Printing Office via GPO Access

CITE: 8CFR213a.2

OK, now what if a USC sponsor withdrew an I-864 before the adjustment of status application was decided?: What happens? Well, in the case of a USC spouse, who is required to be the primary sponsor, then the application will fail. In the case of a joint sponsor, well another would have to be found.

Now what about after adjudication of the application or after the visa has been issued? Can the I-864 be withdrawn? The simple answer is "NO". It is a legally enforceable agreement, irrevocable, unless facts are brought to the Service's attention that would create reason for them to believe that the status (the Permanent Residency) was acquired either fraudulently or inappropriately. In which case, the status would then be at risk of revocation or rescission. If that occurs then the sponsorship would no longer be necessary.

Better?

[Boiler 43,446]

Excellent

But then I understood it first time.

I mentioned earlier that I had seen an article somehwere, can not remember now, that suggested that it could be enforced prior to it be adjudicated.

I think it was on the basis that it was 3 way contract, and whilst one leg, sponsor and US gov may be subject to adjudication, the other was not.

Edited August 30, 2007 by Boiler

[pushbrk 12,115]

(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.

From:

Code of Federal Regulations, Title 8, Volume 1 (Revised as of January 1, 2007)

From the U.S. Government Printing Office via GPO Access

CITE: 8CFR213a.2

OK, now what if a USC sponsor withdrew an I-864 before the adjustment of status application was decided?: What happens? Well, in the case of a USC spouse, who is required to be the primary sponsor, then the application will fail. In the case of a joint sponsor, well another would have to be found.

Now what about after adjudication of the application or after the visa has been issued? Can the I-864 be withdrawn? The simple answer is "NO". It is a legally enforceable agreement, irrevocable, unless facts are brought to the Service's attention that would create reason for them to believe that the status (the Permanent Residency) was acquired either fraudulently or inappropriately. In which case, the status would then be at risk of revocation or rescission. If that occurs then the sponsorship would no longer be necessary.

Better?

So, in the context of this thread, with AOS pending, the OP can and now has withdrawn his I-864. Quite different from your earlier assertion that it could not be done.

Your earlier assertion fit an entirely different set of circumstances, not present in the case being discussed and not mentioned by you until after you were proven wrong. Originally, I thought withdrawing the I-864 was not possible but I read the OP's citation showing it could be. I think we're all on the same page now but I would have preferred a bit less confrontational tone in your errant assertions. Thanks to others for pointing out your error while I was offline traveling.

And as usual, all's well that ends well. Looks like the OP has his solution moving along nicely.

[looking4peace 0]

I would not venture out to say moving along nicely because state laws don't holistically take into consideration immigrations laws. Even after her K3 expires, she can hang out at my place as this is her legal place of residence and I cannot do anything about it (unless DHS deports her). The situation just got really, really ugly and I have drawn first blood. Now I just have to dig-in my heels and hope that she reasons to logic (which will be a first). I'll let everyone know "what happens" after this as it unravels with me.

Thanks.

(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.

From:

Code of Federal Regulations, Title 8, Volume 1 (Revised as of January 1, 2007)

From the U.S. Government Printing Office via GPO Access

CITE: 8CFR213a.2

OK, now what if a USC sponsor withdrew an I-864 before the adjustment of status application was decided?: What happens? Well, in the case of a USC spouse, who is required to be the primary sponsor, then the application will fail. In the case of a joint sponsor, well another would have to be found.

Now what about after adjudication of the application or after the visa has been issued? Can the I-864 be withdrawn? The simple answer is "NO". It is a legally enforceable agreement, irrevocable, unless facts are brought to the Service's attention that would create reason for them to believe that the status (the Permanent Residency) was acquired either fraudulently or inappropriately. In which case, the status would then be at risk of revocation or rescission. If that occurs then the sponsorship would no longer be necessary.

Better?

So, in the context of this thread, with AOS pending, the OP can and now has withdrawn his I-864. Quite different from your earlier assertion that it could not be done.

Your earlier assertion fit an entirely different set of circumstances, not present in the case being discussed and not mentioned by you until after you were proven wrong. Originally, I thought withdrawing the I-864 was not possible but I read the OP's citation showing it could be. I think we're all on the same page now but I would have preferred a bit less confrontational tone in your errant assertions. Thanks to others for pointing out your error while I was offline traveling.

And as usual, all's well that ends well. Looks like the OP has his solution moving along nicely.

[diadromous mermaid 36]

So, in the context of this thread, with AOS pending, the OP can and now has withdrawn his I-864. Quite different from your earlier assertion that it could not be done.

Your earlier assertion fit an entirely different set of circumstances, not present in the case being discussed and not mentioned by you until after you were proven wrong.

I was not simply addressing the context of this thread, in fact, I think I was very clear in spelling out the range of scenarios where an I-864 may be involved. As for having been proven wrong, as you suggest, I fail to see that. In fact the OP's comment cemented that.

but I would have preferred a bit less confrontational tone in your errant assertions. Thanks to others for pointing out your error while I was offline traveling.

pushbrk,

Actually, I don't think I confounded the issue at all. But thanks for being the expert in this and surmising that YOU know what is and is not the law, and/or possible. I suppose you practice law or you've been through this right?

Once again for you, since it apparently is still not getting through your brk head.....

What I have asserted is indeed consistent and not flawed.

There are two distinct issues being discussed.

1. Withdrawal of an I-864 (not possible after adjudication, as I said and corroborated, but possible prior, which was not even germane to my first post in this thread and shouldn't be news to anyone, because the I-864 is not even an instrument until the adjudication has already occurred. Any submissions can be withdrawn if they have not been decided yet! Furthermore, as the OP pointed out, the Service honoured a request to rescind the obligation to support the alien, but only when in conjunction with a withdrawn original petition (in this case, that would be the Petition for Alien Relative)

2.Withdrawal of an AOS submission, which I already stated can be accomplished, regardless of what YOU think, and in point of fact, it doesn't matter diddly-squat that the application to adjust "belongs to the alien" as you are so determined to point out. The original petition that affords the alien the right to adjust can be yanked lickety split by an USC, and thereafter the alien isn't going to adjust anything! Once again, already demonstrated by looking4peace's last entry.

So, I don't think it necessary to rehash this again. Although, just to refresh you, here are my comments...and then yours.

push said....I think it is important that you understand there is no petition to withdraw at this point. Your wife has applied to adjust her status. You are the sponsor. As such, you signed an I-864. An I-864 cannot be "withdrawn" by the sponsor.

DM said. That's not correct. An USC petitioner can request that the AOS be withdrawn on the basis that the marriage through which the alien is afforded the opportunity to gain PR is not valid. Further, if the USC makes a request to withdraw his endorsement on the AOS submission, rendering the alien to her own devices in terms of finding another way to adjust status, the I-864 will fall with the withdrawn application. Bear in mind, adjustment of status depends upon a viable marriage.

Then

push said What was wrong with my statement was that evidently, the I-864 CAN BE withdrawn by the petitioner. What's wrong with the correction is that it is the I-864 that can be withdrawn by the USC, not the AOS application, because the USC didn't file the AOS application. The foreign spouse did. Withdraw or not, if there is no valid marriage, the only recourse left to the foreign spouse is to claim abuse. Such a claim may or may not have the desired result.

and I responded

The truth is that the USC does have a part to play in the AOS submission. A submission by the alien, is only effective if the very marriage through which the alien is afforded the benefit of adjustment is viable. While the USC does not sign the adjustment form I-485, itself, he or she contributes in a very crucial way in supplying the necessary commitment to the government, by way of the I-864, and the absence of any claim that the marriage is NOT viable. Therefore, the USC can withdraw his or her endorsement of the submission by the alien, through declaration that the marriage is/was or was never viable. It is at that point that the submission, made by the alien, of form I-485 will fail, be denied and therefore no need for the I-864 exists.

Succinctly, the sources of my information have been cited. If you have any problem with comprehension of the law, I suggest you contact an immigration attorney of your choice, pushbrk.

As for the snide remark, let's just say that there is only one person on this thread that is coming off as pompous, and it ain't me Nonetheless, it's maddening how you, yes, you, a relative "newbie" can feel so full of yourself to pontificate about policy and procedure. It's laughable!