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Thread: I-864 Affidavit of Suport

  1. #1
    I've been married for less than 2 years and my wife has her conditional green card but not permament GC yet. I am thinking of divorcing her and I am wondering whether I would be required to support her under Form I-864 "Affidavit of Support"? The language in I-864 says that support obligation goes into effect when immigrant "becomes permanent resident" but it is not entirely clear whether this is after she obtains conditional GC or only after permanent GC?
    Also can I withdraw affidavit of support? Is there a special form one needs to file with the INS?
    Thanks

  2. #2
    I've been married for less than 2 years and my wife has her conditional green card but not permament GC yet. I am thinking of divorcing her and I am wondering whether I would be required to support her under Form I-864 "Affidavit of Support"? The language in I-864 says that support obligation goes into effect when immigrant "becomes permanent resident" but it is not entirely clear whether this is after she obtains conditional GC or only after permanent GC?
    Also can I withdraw affidavit of support? Is there a special form one needs to file with the INS?
    Thanks

  3. #3
    Hello Kir,

    Welcome to ILW

    didn't you read the obligation stated
    in the form I-864 before you signed it?

    Sponsor's Obligation

    The person completing this affidavit is the sponsor.

    sponsor's obligation continues until the sponsored becomes a U.S. citizen, can be credited with quarters of work, departs the United States permanently,dies. Divorce does not terminate the obligation.
    this form, you, the sponsor, agree to support the immigrant and any spouse and/or children immigrating or her and to reimburse any government agency entity that provides these sponsored immigrants State, or local means-tested public benefits.

  4. #4
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by kir:
    I've been married for less than 2 years and my wife has her conditional green card but not permament GC yet. I am thinking of divorcing her and I am wondering whether I would be required to support her under Form I-864 "Affidavit of Support"? The language in I-864 says that support obligation goes into effect when immigrant "becomes permanent resident" but it is not entirely clear whether this is after she obtains conditional GC or only after permanent GC?
    Also can I withdraw affidavit of support? Is there a special form one needs to file with the INS?
    Thanks </div></BLOCKQUOTE>
    Yes, once she received GC (regardless of conditional or not), I-864 is in effect and you are liable.
    No, you can not withdraw I-864 anymore. (it is possible to withdraw I-864 if you can prove with hard evidence that marriage was a big fraud..)

  5. #5
    Hi Kir,

    Speed and Aneri are right. This is the link just in case you want to check those papers again.

    http://www.uscis.gov/files/form/I-864.pdf (p. 7)

    Good luck!
    Do all the good you can, in all the ways you can, as long as ever you can.

    --John Wesley

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