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Withdrawing an I864 affidavit of sponsorship

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  • Withdrawing an I864 affidavit of sponsorship

    I am not attesting to the accuracy of this information, but rather posting what I was told by an immigration attorney today.

    If a USC sponsor wishes to withdraw the I864, it may be requested by not necessarily approved. The I864 is necessary in order for an alien to proceed with an request for permanent residency, and further steps towards legal permanent residency are afforded the alien based upon the existence of the I864. The I864 can not be withdrawn by the USC unless the Green Card application is denied.

  • #2
    I am not attesting to the accuracy of this information, but rather posting what I was told by an immigration attorney today.

    If a USC sponsor wishes to withdraw the I864, it may be requested by not necessarily approved. The I864 is necessary in order for an alien to proceed with an request for permanent residency, and further steps towards legal permanent residency are afforded the alien based upon the existence of the I864. The I864 can not be withdrawn by the USC unless the Green Card application is denied.

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    • #3
      What if Alien was considered out of status before marriage and hasn't gone through an AOS but filing for divorce. Can the I864 be repeeled without prejiduce for the USC or will it stay in tact?.

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      • #4
        Mike:

        Hi there. My understanding is that once the I130 is approved, then any petitions thereafter are based upon the approval and thus the I864 will still be intact until the entire Green Card procedure is nullified. Again this was information I received today from an immigration attorney who works closely on many of these matters. I don't know if he knows from first hand experience or is just interpretting the law as he understands it, however.

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        • #5
          So if I understanding you correctly - A divorce decree does not eliminate a I130 petition and USC's responsiblity to Alien via I864 will continue until its nullified by BCIS even without an AOS ever taking place.

          Looks and sounds like quicksand for USC's if this is true.

          Is the nullification done through an interview process or a review of forms submitted?

          I130 allows Alien to work legally in country right? Maybe mistaken.

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          • #6
            Thanks .... This is greqt stuff you are sharing on the board.

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            • #7
              Once again it is my understanding that an alien petitioner intending to gain permanent residency may seek a divorce or an annulment and still be able to complete the green card procedure without the marriage enduring, IF he can prove that the intent was bona fide. When petitioning on his own behalf a divorce decree or annulment is necessary to accompnay any self-petition. Of course should the divorce or annnulment demonstrate grounds which may render the alien inadmissible according to immigration law, then the alien would have a harder time removing the conditional nature of his Green Card because though he may be able to claim proper intent, Certain activities during the marriage may serve to contradict that bone fide claim or cast doubt on that, as may be the case in adultery, for example.
              In some states, where grounds for divorce are not required, the alien may have a better chance to prove intent.

              Don't know how the nullification is handled, I would imagine it is by review of materials, investigation and after petitioner has the opportunity to refute the findings.

              I-130 does not give alien the permission to work, i think rather it is the filing of the I485 request to adjust status that permits alien to secure EAD> But I'm a bit foggy on that.

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              • #8
                Swiss...

                You are doing a very good job here.... But please please please ... my request .... Combine all posts and make one ...no matter that will be little mess ... but it will be way easy to follow all topics and replies...can u do this for me please...? Pasha

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                • #9
                  A divorce decree will not void a I864. You must request it to be withdrawn. It however must be a pending AOS situation. If the 864 was already approved... then you cannot withdraw an approved petition. At the end of the conditional period where the conditions are not removed b/c of divorce. then again you can notify USCUS that you wish to be removed as sponser.

                  I765 is employment petition for EAD. not I30

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                  • #10
                    Yes, Molly that was my understanding too. Unless the entire process can be voided, the I864 still stands.

                    Now to void the entier process one has to prove fraud or that alien was ineleigible to marry per the BCIS criterion.

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                    • #11
                      4Now and Swiss

                      Thanks for your replies ... I needed options if my divorce goes live.

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                      • #12
                        So I 864 is such a hook in neck that will go either with alien out of USA or alien's citizenship if once its approved...

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                        • #13
                          In my opinion, it is one of the many ways that the BCIS punishes US citizens for marrying foreigners.
                          Have a nice day

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                          • #14
                            I don't look at it as a punishment from BCIS towards USCs marrying foreigners...I look at it as a message to some individual states in USA for having lax divorce policies.

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