Withdrawing I-485

[steadygaze79]

What happens if USC withdraws I-130 because she thinks her spouse is only using her for immigration benefits after her having shown up at I-485 interview claiming marriage to him was for good? What will happen to him? What will happen to her?

[newacct]

What happens if USC withdraws I-130 because she thinks her spouse is only using her for immigration benefits after her having shown up at I-485 interview claiming marriage to him was for good? What will happen to him? What will happen to her?

If she withdraws either the I-130 or I-864, his I-485 will be denied.

[kaylip]

No GC yet? It's been almost 5 months

[UScitizenFilingforspouse]

What happens if USC withdraws I-130 because she thinks her spouse is only using her for immigration benefits after her having shown up at I-485 interview claiming marriage to him was for good? What will happen to him? What will happen to her?

You should know that the days of USCIS taking the side of the US citizen are long gone. Wong & Associates ended that. If you end up making an accusation, there is a good chance that you will be asked to back it up.

[newacct]

You should know that the days of USCIS taking the side of the US citizen are long gone. Wong & Associates ended that. If you end up making an accusation, there is a good chance that you will be asked to back it up.

But in the case where the immigrant has not yet become a permanent resident, the petitioner has the right to withdraw the Affidavit of Support at any time, without needing any reason or accusation.

[UScitizenFilingforspouse]

But in the case where the immigrant has not yet become a permanent resident, the petitioner has the right to withdraw the Affidavit of Support at any time, without needing any reason or accusation.

*"if you end up making an accusation (...)"

[newacct]

*"if you end up making an accusation (...)"

What I am saying is that they can disbelieve the accusation, or even think the petitioner is lying, but will still absolutely let the petitioner withdraw I-864 before the beneficiary becomes a permanent resident, because it is their right to withdraw from a contract before it takes effect.

[UScitizenFilingforspouse]

What I am saying is that they can disbelieve the accusation, or even think the petitioner is lying, but will still absolutely let the petitioner withdraw I-864 before the beneficiary becomes a permanent resident, because it is their right to withdraw from a contract before it takes effect.

Never said he couldn't withdraw. (?)

[steadygaze79]

Swear under oath

When the IO asks them to lift their right hands in the interview, is that swearing by oath?
So did they swear by oath when both appeared at the interview claiming the marriage was for good?
Should they be worried about withdrawing after swearing by oath at the interview?

Can IO go after the USC for willful misrepresentation?

[ember]

Question

Did she think or know that she was being used for benefits at the time she said the marriage was good faith?
If she discovers it, that's very different than entering a marriage to help someone evade immigration laws.

At any rate, she can withdraw her support or her I-130 prior to its adjudication. She does not need to provide a reason.

If either party makes a claim that the marriage was in bad faith, USCIS will look into it but when it comes to spouses who are no longer together, there is some skepticism, since hurt feelings can cause people to do nasty things and invent accusations. If the parties have evidence that the marriage was in good faith, it will probably end there.

If not, well, either party making that claim takes a risk unless it was purely one sided, i.e. someone was duped into marriage by a person who was only using them. Otherwise both people can get into trouble.

[kaylip]

At the end of the day you are a slave to your spouse until u get your 10 year GC. Even then, if she calls the cops out of spite on u and u didn't do anything, you're on record and ICE is checking old records from 20 years ago and deportation GC holders.
Until u have your citizenship, u have to walk on eggshells.
In Georgia GC holders have "non-citizen" written on their driver's license. In this current administration you are a second class citizen😒 Welcome to America

[krypton9591]

At the end of the day you are a slave to your spouse until u get your 10 year GC. Even then, if she calls the cops out of spite on u and u didn't do anything, you're on record and ICE is checking old records from 20 years ago and deportation GC holders.
Until u have your citizenship, u have to walk on eggshells.
In Georgia GC holders have "non-citizen" written on their driver's license. In this current administration you are a second class citizen😒 Welcome to America

not if the GC hasn't been approved yet and she withdraws her I-30, at that point the I-485 is null and void, and she can divorce him with no repercussions. or she could divorce him first and then withdraw her petition

[kaylip]

not if the GC hasn't been approved yet and she withdraws her I-30, at that point the I-485 is null and void, and she can divorce him with no repercussions. or she could divorce him first and then withdraw her petition

I meant for him not to p!ss her off to make her want to withdraw.