Tweet
I am the petitioning sponsor of a conditional permanent resident who is separated, and headed for divorce in a few months. There is absolutely no chance at reconciliation. I have read that it might be advisable for the sponsor to contact USCIS and withdraw sponsorship immediately because through sponsorship "you have assumed the responsibility of supporting your spouse." And also "When a person signs an affidavit of support, he or she accepts legal responsibility for financially supporting the sponsored immigrant(s)...." Is this true? Does the withdrawal of the sponsorship have any affect on the immigrants ability to receive a waiver of the joint removal of the conditional residency? Thank you in advance for your opinions/expertise/advice/comments.
-
-
I am the petitioning sponsor of a conditional permanent resident who is separated, and headed for divorce in a few months. There is absolutely no chance at reconciliation. I have read that it might be advisable for the sponsor to contact USCIS and withdraw sponsorship immediately because through sponsorship "you have assumed the responsibility of supporting your spouse." And also "When a person signs an affidavit of support, he or she accepts legal responsibility for financially supporting the sponsored immigrant(s)...." Is this true? Does the withdrawal of the sponsorship have any affect on the immigrants ability to receive a waiver of the joint removal of the conditional residency? Thank you in advance for your opinions/expertise/advice/comments. -
The Affidavit of Support is not a contract one can withdraw, after adjustment of status (AOS) has been approved.The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.Comment
-
Thank you sappyconifer.
Comment
-
Did you file a joint petition to remove conditons yet? I f not will you be filing one.
If so... Simply withdraw the joint 751 petition and ask to withdraw the sponsership. At the time the 751 petiton is approved for withdrawal, the sponsorship will like be a dead issue. Residency will be terminated, and will at some point go into removal proceedings.
Spouse can apply on a waiver for bonafide marriage if and when divorce becomes final.
Thats up to the spouse to find a new sponser to fulfil USCIS requirements.Comment
-
he can still has you a asponsor,even after divorceComment
-
if you want it,that is!Comment
Comment