I am a US citizen that married my wife from colombia on a K-1 visa. However shortly after she left me.

Asked over 3 years ago - Baltimore, MD

We had already applied for her change of status, form I -485 and I sponsored her form I-864. I live in maryland so it takes a year to get a divorce, and I am worried she will get approved for her greencard prior to the divorce, and then I will be liable for fiancial support. Is there a way to revoke my form I-864?

Attorney answers (4)

  1. Thanh Van Thi Doan

    Contributor Level 9

    Answered . In addition to sending a letter, via certified mail, to USCIS notifying them that you're withdrawing your support of the I-485, I would follow-up with an Infopass appointment to make sure it's in the file. In the letter, you should state the reason for your withdrawal and dissolution of the marriage if applicable. Furthermore, depending on where you are in the divorce process, and the grounds for divorce, it may be helpful for your family lawyer to speak with an immigration lawyer to determine if the divorce proceedings would substantiate your basis for withdrawing the I-485 and possibly obtain an annulment, or help your spouse obtain residence status base spousal abuse.

  2. Neil Ian Fleischer

    Contributor Level 20

    Answered . You can write USCIS immediately and withdraw your I-864 and any support of her application. I would do It ASAP.

    You can also go to your local USCIS office via Infopass to withdraw the application. I would send any notice visa certified mail or with some sort of confirmation

    you do not have to be divorced to withdraw your I-864.

    Note: The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client.

    Best regards, Neil

    Neil I Fleischer

    The Fleischer Law Firm, LLC

    917 Main Street

    Cincinnati, Ohio 45202-1314

    Direct telephone: 513 977 4209

    Law office telephone: 513 977 4200

    Email: nfleischer@immigrate2usa.com

    WEB page: immigrate2usa.com

  3. Stuart Jonas Reich

    Pro

    Contributor Level 19

    Answered . There is no way to revoke an I-864, but you aren't liable on it if it isn't ultimately used in support of approval of the I-485 Adjustment of Status case. You may want to send USCIS a letter explaining the situation, and including copies of the divorce filings and the Receipt Notice for the I-485.

    If the I-485 is ultimately approved, you are liable on it - even after divorce (See the legal guide link below, items 6-7, for where you are and aren't obligated).

    If this case gets approved, she will get "Conditional Permanent Residence" - a two-year green card with a requirement that she file shortly before the end of the two years to remove conditions and get a full ten-year green card. This is usually a joint filing with the US citizen spouse - once divorced, she would need to claim either that the marriage was bona fide (tough to do when you broke up so soon after she entered, though possible) or that you were abusive.

    Good luck.

  4. Maud Poudat

    Contributor Level 11

    Answered . Since you are already divorced and you are no longer the petitioner on Form I-864 you should be ok. But as a precautionary measure i would withdraw Form I-485 and Form I-864 by writing to USCIS or by going to your local USCIS office through an Infopass appointment.

    Maud Poudat, Esquire
    m.poudat@mpoudatlaw.com

    Law Offices of Maud Poudat, P.C.
    1100 N. Glebe Rd.
    Suite 1010
    Arlington, VA 22201
    Phone : (703) 224-8074
    Fax : (703) 224-8001
    Web : www.mpoudatlaw.com

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