R. Wolfe

Just got our Packet 4 stuff and it says that the exam at Bumrungrad Hospital costs 6,900 baht.  My fiance' called to schedule her appointment yesterday and was told it would cost 13,200 Baht.
 
Has the cost gone up, is this another "fee" like with the police certificate, or what? Anyone else done the exam recently and could let me know what they were charged?
 
Since she is likely going to need some (expensive) vaccinations after this, so I'm concerned about the initial price doubling before they've even seen her.

Turns out the cost discrepancy was because the quoted price included the additional vaccinations needed (5 shots total).
 
 
 

Is the information on this page correct?  Marriage Based Visa Comparison Table
 
 
It says that the "Time for Visa" is 13.5 months for a K-1 and 18.5 months for a CR-1. 
 
I understand that things are faster (and cheaper) once you are together in the US, but if you'd rather be together sooner - even if it means waiting (together) longer for a work permit, greencard etc. after that - then isn't the K-1 a better route by several months?
 
 

K1 has slowed down in recent times. If you read the forums you'll see some people from April, May, June 2021 are still waiting for their NOA2.
https://www.visajourney.com/forums/forum/128-k-1-fiancee-visa-case-filing-and-progress-reports/
I-130s are currently taking about 12 months to NOA2. Then +/- 75 days at NVC. 
 
Then depending on the embassy the wait to interview might take a month or two or maybe 6 months or more. Depending on embassy (for both types of petitions).
 
 
 
Best to compare K1 visas out of Thailand:
https://www.visajourney.com/timeline/k1list.php?op6=All&op66=All&op7=Thailand&op1=3&op2=&op3=1&op4=1&op5=5%2C6%2C8%2C10%2C11%2C13%2C14%2C15%2C16%2C17%2C18%2C20%2C21%2C22%2C25%2C26%2C27%2C28%2C108%2C110%2C111%2C208%2C210%2C211&cfl=
 
vs IR/CR1 visas out of Thailand. 
https://www.visajourney.com/timeline/k1list.php?op6=All&op66=All&op7=Thailand&op1=3&op2=&dfile=No&op3=5&op4=1&op5=5%2C6%2C8%2C10%2C11%2C13%2C14%2C15%2C16%2C17%2C18%2C20%2C21%2C22%2C25%2C26%2C27%2C28%2C108%2C110%2C111%2C208%2C210%2C211&cfl=0
 
 
 
 
 
 

I should have mentioned this bit (in bold in the I-130 instructions):
 
You must submit clear and convincing evidence that you and your spouse entered into the marriage in good faith and not for immigration purposes.
 
as this is what got me thinking about the difference in "soft" requirements. Is a couple switching from K-1 to CR-1 (and thus getting married a year or so earlier than anticipated) because it is now (maybe) faster and cheaper entering into the marriage for "immigration purposes"? Or does the USCIS see a bona-fide engagement with an earlier-than-originally-planned marriage still "good faith"?
 

You are confusing yourself with uscis's intent of "immigration purpose". Some people marry not to be partners or soulmates but just so one can immigrate and then they divorce asap. That's marrying for immigration purpose.
 
People who marry with the intent to be soulmates and live together and file for petition are not considered marrying for immigration purpose but rather immigrating for living/being together purpose and that usually yields a successful visa/GC. 

Nope.  Newly married couples living in different countries, are not expected to have joint accounts or joint property.  A marriage certificate and evidence of time actually spent together are the very best initial evidence for a CR-1.  The things you mentioned are great evidence when removing conditions, 2 years after receiving the initial Green Card.
 
NOTE: In addition to the required documentation listed above, you should submit one or more of the
following types of documentation that may prove you have a bona fide marriage:

(1) Documentation showing joint ownership of property;
(2) A lease showing joint tenancy of a common residence, meaning you both live at the same address together;
(3) Documentation showing that you and your spouse have combined your financial resources;
(4) Birth certificates of children born to you and your spouse together;
(5) Affidavits sworn to or affirmed by third parties...; or
(6) Any other relevant documentation to establish that there is an ongoing marital union.

The EAD and Advance Parole documents are processed at a different facility from your I-485.  If the underlying I-485 was denied, then the associated EAD and AP documents are voided.  

VAWA seems the logical option if she wished to avoid going home, otherwise the I 130 and maybe a I 601A
 
Divorce waiver is for removing conditions.

There is no USCIS update of petition denied. If withdrawn the status will remain as it is. So you are looking for something that isn't going to show you what you want.

You lose nothing by showing up at the interview to ensure that the 864 is pulled just in the very very very remote case that the adjustment of status is approved without your presence.

This is what has me worried. I've requested to withdraw the I-864 (that's a different thread elsewhere) but have no indication that this has happened, and the interview date is rapidly approaching. 

It's very clear to me that she did not enter the marriage in good faith but I don't know that I can prove anything. I've also read that USCIS will punish both parties even if only one was committing marriage fraud - so I'm hesitant to make a big deal about it. I don't really care what she does. I just don't want to suffer for her dishonesty (so I don' t want to be on the hook with an I-864, and I don't want my future K-1 prospects ruined by whatever shenanigan's she is up to now).
 
That's one reason I'm trying to figure out if I should help and encourage her to kill the I-485 before the interview. If that means less hassle (for either of us) later, then fine. But for all I know that could cause even worse problems.

Is there a practical difference between requesting to withdraw an I-485 (assuming the withdrawal is granted) as compared to it being denied (due to failed interview, for example)?
 
My assumption is that the it would be easier to do a new I-485 at some point in future in the former case as compared to the latter. But I've found that my assumptions in these matters are wrong as often as right, so I thought I would ask. 
 

Is there a practical difference between requesting to withdraw an I-485 (assuming the withdrawal is granted) as compared to it being denied (due to failed interview, for example)?
 
My assumption is that the it would be easier to do a new I-485 at some point in future in the former case as compared to the latter. But I've found that my assumptions in these matters are wrong as often as right, so I thought I would ask. 
 

Plus more than one person has said that it is possible for an Adjustment of Status to be granted if no-one shows up for the interview. I don't want that to happen.  
 
I have requested to withdraw the I-864. If they would just confirm that the request has been granted, then everything would be solved. Unfortunately, all evidence suggests that the requests has not been granted - so I have to try and figure out what to do now.
 
 

No, must still adjust through the K-1 marriage*, VAWA or other limited exemption.
 
*Can still adjust through K-1 marriage even after divorcing the K-1 petitioner, per Matter of Sesay. The caveat for that though is that K-1 AOS applicant must still be otherwise admissible; so if the K-1 petitioner withdraws the I-864 then the K-1 AOS applicant is inadmissible per INA 212(a)(4)(C)(ii). See Matter of Song: https://www.justice.gov/eoir/page/file/1112411/download "In this case, the respondent’s former husband, her petitioning sponsor, wrote to the USCIS and requested that his affidavit of support for her be withdrawn prior to adjudication of her application for adjustment of status. Although the respondent may still adjust her status, she is inadmissible on grounds that she is likely to become a public charge unless she provides an affidavit of support from the [K-1] petitioner."
^This part of the PM comes from the Matter of Sesay decision https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3707.pdf

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-7
Chapter 7 - Other Barred Adjustment Applicants
F. Nonimmigrant Admitted as Fiancé(e) of U.S. Citizen
A nonimmigrant fiancé(e) of a U.S. citizen cannot adjust status except on the basis of the marriage to the U.S. citizen who filed a Petition for Alien Fiancé(e) (Form I-129F) on behalf of the fiancé(e). [14] Likewise, a child of the fiancé(e) may only adjust on the basis of his or her parent’s marriage to the U.S. citizen petitioner. [15] 
The terms of the nonimmigrant fiancé(e) status require that the nonimmigrant fiancé(e) marry the petitioner within 90 days after becoming a nonimmigrant. [16] Furthermore, if the nonimmigrant has not been married for two years or more at the time of adjustment, the nonimmigrant fiancé(e) and any children of the fiancé(e) may only obtain permanent residence on a conditional basis. [17] 
 
Marriage Legally Terminated
A nonimmigrant fiancé(e) who contracts a valid and bona fide marriage to the U.S. citizen petitioner within the requisite 90-day time period remains eligible to adjust status on that basis, even if the marriage is legally terminated (whether by death, dissolution, or divorce) prior to adjustment of status and regardless of whether the nonimmigrant fiancé(e) remarries thereafter.[18] The applicant remains subject to all conditional permanent residency requirements, if applicable. [19] 
 
 
 
 
 

Yeah, I suppose I am more anxious than I should be. The legalese in that I-864 is pretty scary given my wife's actions and attitudes.
I have sent a withdrawal for the I-864 to field office.
I followed up with a letter containing evidence of her work (without authorization, and without reporting income).
I also reported the work to the ICE tip site some time ago - but nothing came of that and she's no longer working regardless.

I will explain to my wife how to send a withdrawal for the I-485 as she needs to do that herself and seems keen to do so (she believes it makes a difference to cancel vs be denied, which is what prompted my question).

I will plan to go to the interview. I expect that she will not. I will bring another copy of the I-864 withdrawal and work evidence in case they care.
 
Thanks for the help and advise everyone.
 

I see a lot of incorrect answers, including Arlen etc. if you divorce it does not matter: if she came on K1 visa and you divorce BEFORE APS is approved, unless she files vawa and get approved, SHE HAS TO LEAVE. No other option. Just withdraw your support. This is all you need to do to send her packing. 

She could stay in the US, marry that guy and go through spousal petition thru him as well.
 
 
 
If you are divorcing, withdraw i864, case closed. I485 will be denied once you withdraw i864. Why are you trying to figure out about something you don't need to care about.

Thought I don't know for certain, my assumption is that she's pursuing the VAWA path to a greencard since that is her only option and it doesn't require that abuse actually occurred. 
 
I would think that process would also end the current AoS bid (and associated I-864), but I really don't know.
 
 
 
 

Whereas USCIS would have a record of the VAWA claim it won't really come up in the future. Them precluding you from sponsoring a different spouse in the future would be a pretty serious violation of 5th (due process) and 6th (right to know the charges against you, right to face your accuser) amendment rights, then there's also the privacy protections of VAWA (which would further clash with the 5th and 6th if actually held against you), USCIS is not allowed to in any way disclose to you that a VAWA claim was filed against you.
 
Only thing that prevents one from sponsoring relatives in the future are sexual offenses against a minor under the Adam Walsh Act, and these do require an actual conviction not merely that you committed the crime. Other than that, even inmates on death row still have the right to petition for a relative.

The first reply above (from HRQX) answered your question.  VAWA petitioners are self-petitioners and are exempted, ie, do not require an I-864 from their USC spouses.
 
So yes, if your spouse takes the VAWA route, she will not need an I-864 from you to pursue a green card.  In fact, you will not be involved at all in her VAWA case.  Note that if she successfully gets a GC this way, USCIS will forever have records of you being a domestic abuser.  That could hinder any attempts you may have in the future to sponsor another foreign spouse.
 

I'm currently looking at how to withdraw an I-864 Affidavit of Support as well so I'll share what I've learned this week.  We are currently between the first biometrics appointment and the Adjustment of Status Interview (so it's not too late for us, though time is growing short).
 
On a couple of sites, I found that you have to submit the request in writing. You can check out that info here:
https://www.soundimmigration.com/withdraw-form-864-affidavit-support/
and
https://mypathtocitizenship.com/how-to-withdraw-i-864-affidavit-of-support/  (this site includes a sample withdrawal letter)
 
I then went to the USCIS site and had a text chat session with a representative. Given my case number, they told me that I should send a letter to the California service center. I'm also going to send a copy to the local office (I'm in Pittsburgh) since that's where we did the biometrics and there's where our interview would be.
 
I forget exactly how I got to a human for the chat, but I started with the USCIS "Ask Emma" app here: https://www.uscis.gov/tools/meet-emma-our-virtual-assistant
 
Here is a partial  transcript of the session (noting that the California service center is specific to my case):
 
----------
 
A request to withdraw a petition can be submitted by the petitioner at any time until a decision is issued by USCIS, or in the case of an approved petition, until the beneficiary is admitted into the United States, or granted adjustment or change of status, based on the petition. Once submitted and accepted, a withdrawal request may not be retracted; however, the petitioner may re-file another petition if they choose to do so.
 
Withdrawal requests should include: A statement indicating that the petitioner wishes to withdraw the petition; The petition receipt number; The name, address and phone number of the petitioner; The name of the alien beneficiary; The alien registration number of the alien beneficiary, if known; and The petitioner's signature or the Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, representative.
 
It would go to the place that last made a decision on the petition you filed.
 
Your petition was processed at California Service Center.
 
24000 Avila Road
2nd Floor
Room 2312
Laguna Niguel, CA 92677
 
-----------
 
 
 
Hope this help. Good luck!
 
 

You, the USC, cannot withdraw the I-485 because it is not your application, even though you filed the petition on which the I-485 is based.  In your withdrawal letter, do NOT request to withdraw the I-485.  USCIS will ignore your request.  You may only withdraw the I-864 as you are the signatory for that form.
 
 
No point attending the interview if you are pulling the I-864 anyway.  The I-485 will be denied if you do not attend.  Just make sure you mail the I-864 withdrawal letter to the USCIS SC/LFO, as it's possible for the I-485 to be approved without interview.