david_dawei Posted March 31, 2007 Report Share Posted March 31, 2007 There has been some discussion in the past about what one can do once the relationship goes sour; how to 'back out' or 'save a lost position'... And there is a little know action that can be taken whereby the USC, as the sponsor, can withdraw their I-864 from a already filed I-485 Adjustment for Status but not yet adjudicated. I talked to a CFL member tonight (long off the board so I cannot name names), but who was going through a very rough time the minute his lady came to the US.. they filed for AOS but it only got worse... and the courts got involved in some claimed domestic issues, etc... Anyway, he had sent messages back to USCIS but never got a response.... till the other day he got a letter asking them to appear in person (even though they never followed up on the biometrics)... It turns out, USCIS had received all his letters and asked them to come so they could try and 'sort it out' !! They wanted to see who would show up and get to the bottom of it. An adjudicating officer called him and heard him out... without trying to 'give advice', he let the guy know that he could withdraw his I-864... and then in a roundabout way, told him he could do it right there at the office, drop it in the 'box' and he would be called by someone... So the guy does this.. and the same adjudicating officer calls him in as if he has never seen him before!! Processes the request as if they had never talked before... left him with the impression there is no way she will be approved.. whoever she is... Link to comment
Randy W Posted March 31, 2007 Report Share Posted March 31, 2007 It sounds like this I-864 would be withdrawn before it was ever accepted - that is, the AOS would be denied along with the I-864. If the AOS is denied, she would need to find another way to stay in the country. Link to comment
david_dawei Posted March 31, 2007 Author Report Share Posted March 31, 2007 My sense was that the I-864 is simply no longer a part of 'her' petition.. that her petition no longer has sponsorship. When it comes time to adjudicate the petition, it would be denied.. probably for various reasons but they can easily base it on lack of sponsorship. If she tried to use another person as sponsor, it was suggested 'it won't work'... That leaves her with abandoning this petition.. which would be not good... and having to either marry another USC or finding a good lawyer. The guy said something about her accruing illegal presence.. it's not clear to me if a denied adjustment, even before the expiration of the visa, does that to the applicant... Link to comment
tywy_99 Posted March 31, 2007 Report Share Posted March 31, 2007 She's okay as long as her visa is still valid, even if she is denied at the AOS interview.It must be a K3 visa, I guess, but once the visa expires and she has been denied, she will have to leave the country which would be the best thing she could do; the only thing she could do because she would never be able to establish any credibility and as we all know, you can't live in the US without it, unless she goes underground in a Chinatown, or something, and what kind of life would that be? Link to comment
SheLikesME? Posted April 23, 2007 Report Share Posted April 23, 2007 Hey as long as she is out of his life and responsibility. YAAAA HOOO..... Glad he got help, who ever he is. Link to comment
Recommended Posts
Please sign in to comment
You will be able to leave a comment after signing in
Sign In Now