cmh

Does anyone know if I would be entitled to a refund for either of the following:
- i130: possible USCIS mistake as I never requested withdrawal of the i130, just the i864.
- i485: USCIS mistake as they initially requested a fee for the i131 despite a pending i485, resulting in an unnecessary delay in the processing of AP which ultimately contributed to her premature abandonment of the i485.

Um… so the letter I wrote explicitly asked for the withdrawal of affidavit of support I-864, but today I received a case status update noting the withdrawal of I-130 petition for alien relative. Done or not?

6 minutes ago, missileman said:

You will have to call USCIS and request an urgent appointment........

As far as I recall, last year when I asked for an appointment over a call they just referred me to the online scheduler (which never showed new appointment slots, even immediately after midnight), and I think I also tried earlier this year but they just confirmed that none of the offices for my zip are accepting appointments, but I guess I’ll try again noting the urgency.

21 minutes ago, NikLR said:

Yup still you and your estranged wife.  Have you made an infopass and withdrawn the I-864 in person yet? 

Since January both of the offices that show up for my zip code in NYC say “This office is not accepting walk-in requests or scheduling InfoPass appointments.” Even last year when I tried to book an infopass for something else, appointments never showed up on the list.

Also, how long will Case Status Online be down for? I want to add a receipt number for alerts.

43 minutes ago, Penguin_ie said:

****** two threads on the same issue merged.  Please do not start more than one thread on a question/ problem.  If you have more info or follow on questions, post them as a reply here *****

They were originally on separate issues but I guess they were still related to her exiting and reentering and my latest replies on both related to i864 withdrawal so I understand the reason for the merge, thanks for consolidating.

Just learned the interview was recently cancelled. Still no update on affidavit yet. Speaking of which, should I include the i485 receipt number in the i864 withdrawal letter given how USCIS crawls into their shell about applications specific to my wife whenever I’m on a call with them?

Due to no reply from USCIS yet I’m resending the letter, now notarized per recommendations, to NBC again and this time also my local field office. Double-checking: include receipt numbers for both i130 and i485? Or just i130? Or also others? I know that USCIS crawls into a shell whenever I make even noninvasive enquiries on the i485 saying they can’t say anything about it since it’s my wife’s not mine, so I’m wondering if including the i485 receipt number may be having the same effect here hence no reply. Illogical, but knowing USCIS, plausible.

I just read ideally letter should be notarized. I’ll send out notarized copies of the letter to USCIS NBC again and this time also the local field office.

1 minute ago, SusieQQQ said:

She abandoned AOS right? Doesn’t the i864 obligation end when she leaves under this circumstance?

 

https://www.uscis.gov/greencard/affidavit-support

 

“Your obligation as a sponsor also ends if you or the individual sponsored dies or if the individual sponsored ceases to be a lawful permanent resident and departs the United States.”

It should but USCIS makes mistakes. I can testify to that. Better safe than sorry. Should just be a little longer anyhow.

Gotta wait for a confirmation from USCIS on the i864 withdrawal before divorce. USCIS is taking their sweet time as usual but can’t be stuck with supporting her indefinitely (which seems like a really odd/dumb rule).

5 hours ago, bakphx1 said:

I don’t mean to be harsh s it sounds like you’ve been through lot.  But doing all she’s done in a relatively short time sounds very impulsive or possibly bipolar.  By taking poorly thought out actions she’s messing up her options.  I wouldn’t invest more money in a new plan given the recent track record.

I won’t invest anymore. If she wants to reapply for a gc she’ll need another sponsor and someone else to pay the fees.

1 hour ago, Bill & Katya said:

Just curious, did you pull the I864?

 

 

Yeah, no confirmation from USCIS yet but I called in recently and they said letters take about 60d for a reply so about another month.

21 minutes ago, missileman said:

Still waiting for OP to post the intent of the entering spouse......

I wish I knew. She seemed intent on divorce not more than a few weeks ago. Anyway I’ll forward the news on. It seems her and her parents are having a meeting with a visa advisor in a few days too. Thanks for the advice.

Hi, my wife who has a pending green card application left the US without advance parole so her gc application will likely fail. She now wants to reenter the US on her f1 student visa which she claims expires next year and is asking me to provide proof of accommodation, specifically a letter confirming that I’m her husband and that she’ll be staying with me at my address. Is her plan to reenter accurate?

17 minutes ago, cmh said:

Edit history has been stock with Invision for years so yes it should be available. Indefinite is not necessary, even extending edit time to an hour would help.

That being said, if edit history is fully enabled and not regularly purged, and the edit timestamp is kept intact and publicly visible, then an indefinite edit time becomes much less of an issue anyway.

Edit history has been stock with Invision for years so yes it should be available. Indefinite is not necessary, even extending edit time to an hour would help.

On 7/12/2019 at 8:49 PM, Going through said:

Personally, I like the 5 minute time limit, but can see certain instances where a longer time may be useful.

 

I think the 5 minutes was put into place because of the potential room in the past for abuse by people "editing" long-ago made posts in their history to remove any insults, verbal assaults on members, etc. so that it's there on record for Moderators to see once any post is reported later on...especially if Moderators want to look back at one's posting history when deciding on any permanent action to be taken/thread ban/etc.  

 

I suppose in the interim, though, if a post is past it's editing time a second post can be made by the same member noting it as a sort of "clarification" of any previous one.

Invision Community has had an edit history feature for years now so this could be enabled and used to address the issue you raised.

The last question was redundant but was just checking to see if I’d actually receive anything or I’d have to call in / check. What exactly would my wife receive with respect to 1) her leaving the country before getting AP and 2) the manual withdrawal of the i864?

I was going to edit a post I made slightly over 10 minutes ago and noticed the edit option already disappeared. The time limit to edit posts should be extended or removed as there are many good reasons for editing a post beyond a few minutes and as there is already an “edited” timestamp that makes it clear to others if or when a post was last edited. Thanks.

The i864 withdrawal letter was delivered 2 weeks ago to NBC, when can I expect a response? No updates on USCIS tracker yet. The withdrawal confirmation would be addressed to me, the sponsor, right?

Sent the I-864 withdrawal letter out. Thanks for the input everyone, wouldn’t have thought to do it without you. Big pats on backs.

Not at all surprised by her behavior, she’s done much worse things.

Regarding divorce, someone advised I look into whether the possibility that she remain out of the country for a long time may mean my marital assets may not suffer as much on divorce as it would in a no fault divorce. I guess this is where the attorneys come in.

Thanks for the input everyone. Assuming this causes the pending gc application to become abandoned wouldn’t that also prevent approval of affidavit of support so no I-864 withdrawal letter needed?

I found out my wife snuck a flight back to her home country (well, I had my suspicions as I heard her booking an urgent flight). She‘d expressed concerns about her father’s health (reportedly had a stent put in recently) and homesickness. I-131 was sent out very recently but she left without having been approved for advance parole. She just had to wait several more months. I’m guessing her gc application is now definitely in the water? Anything that can be done to rectify it (would urgent family issues have any weight?) or would she have to start from scratch? Though she has said multiple times she doesn’t really care about a green card so not sure that would happen.

On 6/20/2019 at 5:10 PM, little immigrant said:

Just a word of caution. Once you file for withdrawal, you won't be able to change your mind and "withdraw" the withdrawal. In case you reconcile. So please be absolutely sure. 

On 6/20/2019 at 8:25 PM, JFH said:

This does seem to be a hasty decision based on your previous posts. Have you tried to reconcile? Withdrawing the I-864 and cancelling her application is a big step. It can’t be undone. 

On 6/20/2019 at 8:37 PM, geowrian said:

Agreed - once they receive the withdrawal, the I-130 will be (eventually) withdrawn and AOS denied. Be sure it's what you want...there is no taking it back.

That said, you could start all over again with a new packet. I don't want to make it seem like it's permanent either. It's just a big loss of time and money, as well as the additional accrual of unlawful presence.

I’ll wait but it seems she’s pretty close to giving up this time. If I receive divorce papers from my wife, I assume that at that time I still have time to send the I-864 withdrawal letter and get it withdrawn before the divorce finalizes, such that I wouldn’t have to support her via the affidavit indefinitely upon divorce? Or is there a chance that wouldn’t work and it’s best to send the letter earlier if divorce seems impending?

Thanks everyone!

3 minutes ago, little immigrant said:

I'm curious. Why are you withdrawing? 

We plan to divorce.

Question about address above.