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Withdrawl of Affidavit of Support I864

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  • Withdrawl of Affidavit of Support I864

    Question: If a USC spouse had filed an I864, and then learns that alien used USC spouse to obtain a Green Card, can the USC spouse/sponsor, withdraw the I864? If so, on what grounds?

    And how does one go about doing that?

  • #2
    If you are going to keep posting useless posts for your husband situation you better leave this board.


    • #3
      Aguila and Just a Thought Of Mine:

      You know, I really don't know what your problem is with my questions. Let's face it, I have never professed to be informed on Imigration, and I don't offer Immigration advise, because I am not qualified to do so. If you guys don't realize that coming to terms with a most frightening thought of having been used and deceived by someone I loved more than you can imagine, is not a PROCESS, then I beleve that you CANNOT begin to comprehend LOVE. This has beena journey for me, and just because it has taken time for me to come to this point, should be a TESTAMENT to the commitment and Love I had for my spouse. Shame on you for criticizing.

      What on earth is wrong with asking these Immigration questions? Are they not useful for others on this board...and are they not always posted asking for guidelines set up by BCIS for people who find themselves in difficult situations, which are WITHIN (not outside) the law, immigration and otherwise?

      Furthermore, who determines if a question is viable or not? The answer is the viability of a question posted on this board is determined by those fellow posters who read them and want to contribute - Such a decision as to whether I should ask for Immigration information surely should not be made UNILATERALLY by you.

      My question still stands for anyone out there who is interested in giving information and guidance, not for those who wish to presume (erroneously, I might add) that I would not listen or follow it.


      • #4
        Like any other petition or application, I-864 is also can not be withdrawn once it is adjudicated. And, once there is a fraud involved then there is no question of withdrawing anything, instead BCIS would like to investigate the matter as a criminal investiagation, and then they would revoke the full p.residency to an alien [instead of only one of these- I-864, or I-130, or I-485, or I-751] who is found to be involved in fraud. And, alien would also be subjected to criminal prosecution. Good Luck.


        • #5

          I know you will give me the best advise.

          I ralise that reporting fraud means all applications to which I am obliged wold disappear if the invetigation proved that he had done wrong. Suppose that I report my spouse to BCIS as fraud, and they investigate and do not find that it was fraud. Do I later have the chance to withdraw the I751 at least and the I864?


          • #6
            As I said earlier- no application or petition can be withdrawn once it has already been adjudicated. And, as you know that I-864 is already been adjudicated in your case, so withdrawing of it is out of question. However, you still have the option to withdraw your jointly filed I-751 before a decision is made on it, otherwise you can not do anything later on like you can not do anything now on I-130, I-864 or I-485.

            You can withdraw I-751 without any reason and approved I-864 would be voided itself once I-751 is withdrawn. And, you can also report fruad to BCIS and other authorities like for fraud suspicion in addition to withdrawing your jointly filed I-751. You don't need to wait to get the result of the investigation about whether a fraud is proven or not, in order to withdraw jointly filed I-751. Good Luck.


            • #7
              Hi Sammy, how are you? Just wanted to ask though I might be wrong... but in I 864 its written that even divorce can not terminate the liability of affidavit of support then how come there wont be any responsibilities and total freedom when USC withdraws I 751 ... ? Thanks...Pasha


              • #8
                Pasha Patel:

                Actually, thru I-864, USC or legal PR guarantees to U.S.Govt. that an intending immigrant would not become a public charge to U.S.Govt if a residency is granted to an alien, and they promise to take care of alien financially. Otherwise, alien won't be able to get green card under the ground called 'public charge ground'. This responsibilities of the person, who has furnished I-864 would remain continue until alien becomes a USC or earns total 40 quarters of earned income.

                Like a divorce after a full green card, won't jeopardize or render an alien's immigration status, similarlity it won't relieve USC or PR from the liablities of their financial responsibilities even parties get divorced. But, if USC withdraws Jointly filed I-751 before it's adjudication, s/he is actually letting the govt knows that s/he has nothing to do with alien anymore because a final permananent residency status has not been granted yet so govt will relieve USC-spouse from their financial responsibilities. As you know that a green card [conditional] is granted for the sake of USC based upon the marriage-union with USC, so if USC-spouse withdraws jointly filed I-751 then it means USC-spouse doesn't want to sponsor his/her alien-spouse anymore. Since, alien is not yet granted the FINAL immigration status yet while I-751 is still being pending, USC still hold the final option to back out of his/her responsibilities if they withdraw I-751. Withdrawing I-751 means USC don't want to live and pursue the matrimonial relationship with alien-spouse anymore.


                • #9
                  I say post whatever you want or feel the need to. You are by far not the only person to have ever found themselves in this situation and you will not be the last. The information gathered in response to your questions may very well help someone else. I don't understand why someone would read a post that they already know they're going to have a problem with. Why don't they just ignore it. It's so much easier than getting aggravated and posting mean lil notes. You're right...going through something this difficult does have to be tackled in stages. Just take a breath and take a step and rest and do it again. Good luck with all that you are dealing with.


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