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revoke sponsorship?

#1 mi_illusion_st

mi_illusion_st

    Gold Member

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Posted 16 September 2007 - 04:32 PM

Can a sponsor revoke their sponsorship at anytime?
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#2 trailmix

trailmix

    Canadian



Posted 16 September 2007 - 05:26 PM

QUOTE (mi_illusion_st @ Sep 16 2007, 03:32 PM) <{POST_SNAPBACK}>
Can a sponsor revoke their sponsorship at anytime?


No, if you are talking about a sponsor as in a petitioner or even a joint sponsor - no, not once they have signed the I-864 affidavit of support.
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#3 Caladan

Caladan

    Star Member



Posted 16 September 2007 - 05:32 PM

QUOTE (trailmix @ Sep 16 2007, 06:26 PM) <{POST_SNAPBACK}>
QUOTE (mi_illusion_st @ Sep 16 2007, 03:32 PM) <{POST_SNAPBACK}>
Can a sponsor revoke their sponsorship at anytime?


No, if you are talking about a sponsor as in a petitioner or even a joint sponsor - no, not once they have signed the I-864 affidavit of support.


I believe the I-864 can be withdrawn BEFORE any benefits (like a green card) are given to the petitioner, and if the AOS petition is unsuccessful for other reasons, then the sponsor isn't bound by the guideline. (Our AOS is pending; I think that I could withdraw sponsor ship before adjudication.)

But otherwise, no. Once it's approved, it stays there until the conditions on the document (40 quarters of work, etc., etc.) are fulfilled. It can't be cancelled later down the road, in the event of divorce or the like.
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AOS
-
Filed: 8/1/07
NOA1:9/7/07
Biometrics: 9/28/07
EAD/AP: 10/17/07
EAD card ordered again (who knows, maybe we got the two-fer deal): 10/23/-7
Transferred to CSC: 10/26/07
Approved: 11/21/07

#4 misa

misa

    I <3 my mailman!



Posted 16 September 2007 - 05:34 PM

Actually they can if the I-485 has not been approved yet.

See this post: http://www.visajourn...h...t&p=1081597
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K3 Timeline - 2006-11-20 to 2007-03-19

See the comments section in my timeline for full details of my K3 dates, transfers and touches. Also see my Vancouver consulate review and my POE review.


AOS & EAD Timeline

2007-04-16: I-485 and I-765 sent to Chicago (My AOS/EAD checklist)
2007-04-17: Received at Chicago
2007-04-23: NOA1 date (both)
2007-05-10: Biometrics appointment (both - Biometrics review)
2007-06-05: AOS interview letter date
2007-06-13: AOS interview letter received in mail
2007-07-03: EAD card production ordered
2007-07-07: EAD card received! (yay!)
2007-08-23: AOS interview (Documents / Interview review)
2007-08-23: Green card production ordered!!!
2007-08-24: Welcome notice mailed!
2007-08-27: Green card production ordered again... ?
2007-08-28: Welcome notice received!
2007-09-01: Green card received!

Done with USCIS until May 23, 2009!

#5 pushbrk

pushbrk

    Straight Talk Member



Posted 16 September 2007 - 05:58 PM

QUOTE (mi_illusion_st @ Sep 16 2007, 02:32 PM) <{POST_SNAPBACK}>
Can a sponsor revoke their sponsorship at anytime?


Yes and no. A sponsor who has signed and submitted an I-864 can withdraw the affidavit up to the visa issue date for an immigrant visa or up to the AOS approval date, whichever is applicable. Only one could be applicable in any given case.
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Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless.  Anonymous


#6 trailmix

trailmix

    Canadian



Posted 16 September 2007 - 06:57 PM

If you sign a Form I-864 on behalf of any person (called the "intending immigrant") who is applying for an immigrant visa or for adjustment of status to a permanent resident, and that intending immigrant submits the Form I-864 to the U.S. Government with his or her application for an immigrant visa or adjustment of status, under section 213A of the Immigration and Nationality Act these actions create a contract between you and the U. S. Government.

The intending immigrant's becoming a permanent resident is the "consideration" for the contract.

I agree with everyone above, I should not have assumed that the person was already a permanent resident - above is a quote from page 17 of the I-864.

Edited by trailmix, 16 September 2007 - 06:59 PM.

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#7 borealgirl

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Posted 17 September 2007 - 09:16 AM

Well, not to complicate the varioety of aswers you have received, I did read a stroy of a person, who having realized that his wife was not really in love with him, believed his wife had was immigrated only to get into the US. He was told that he could have had her conditional GC revoked if he chose to go through that process. So, what I understand from that story is that only once you have the full GC can someone no longer pull back support.
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Aug 2002
Entered US on TN work permit
2003 through 2007
Renewed TN Annually
March 2007
Eloped in Central Park on vernal equinox, then honeymooned in Paris.
April 2007
Early April: Renewed TN on return from Paris
June 2007
Sent in AOS/I-130/EAD package
July 2007
July 14: DOA1 - delay in processing because CIS told me to send package to the wrong center.
Late July: Received Biometrics notice
Aug 2007:
Aug 2: Biometrics Appointment
Aug 8: Received RFE for missing medical forms which CIS told me originally not to send in!!
Aug 16: Medical Forms Received at CIS
Aug 24: Received e-notice that EAD card was ordered (No more TN! yay!)
Aug 30: Last day of work on TN. Laid off from job. :(
September 2007
September 5: Received Card! Just in time. Started part-time grad school today.
October 2007
Oct 2: Received Interview Notice: Whoo-hoooo!
November 27 2007
Had GC interview, which went smooth as silk. Received passport stamp, too.

#8 pushbrk

pushbrk

    Straight Talk Member



Posted 17 September 2007 - 09:21 AM

QUOTE (borealgirl @ Sep 17 2007, 07:16 AM) <{POST_SNAPBACK}>
Well, not to complicate the varioety of aswers you have received, I did read a stroy of a person, who having realized that his wife was not really in love with him, believed his wife had was immigrated only to get into the US. He was told that he could have had her conditional GC revoked if he chose to go through that process. So, what I understand from that story is that only once you have the full GC can someone no longer pull back support.



This is apples and oranges. Without the "support" of the USC spouse, it can be more difficult (far from impossible) to remove conditions but that "support" is for filing and any interview. The I-864 is binding when the conditional green card is in hand or when the immigrant visa is issued and the obligations continue until one of the prescribed conditions are met.

Withdrawing the I-864 is not the same as withdrawing support.
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Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless.  Anonymous


#9 arsv

arsv

    Junior Member

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Posted 14 June 2008 - 09:21 PM

QUOTE (pushbrk @ Sep 17 2007, 10:21 AM) <{POST_SNAPBACK}>
QUOTE (borealgirl @ Sep 17 2007, 07:16 AM) <{POST_SNAPBACK}>
Well, not to complicate the varioety of aswers you have received, I did read a stroy of a person, who having realized that his wife was not really in love with him, believed his wife had was immigrated only to get into the US. He was told that he could have had her conditional GC revoked if he chose to go through that process. So, what I understand from that story is that only once you have the full GC can someone no longer pull back support.



This is apples and oranges. Without the "support" of the USC spouse, it can be more difficult (far from impossible) to remove conditions but that "support" is for filing and any interview. The I-864 is binding when the conditional green card is in hand or when the immigrant visa is issued and the obligations continue until one of the prescribed conditions are met.

Withdrawing the I-864 is not the same as withdrawing support.


What do you mean withdrawing the I-864 is not withdrawin support? The I-864 is support, the affidavit of support.

So what's the bottom line?

Say the immigrant has a conditional permanent resident card, but the marriage sucks and ends before soliciting change to (non-conditional/regular) permanent resident. If the USC spouse wants, can he/she be removed from any obligations of support? Does having a co-sponsor help? Does the immigrant have to leave the US if the USC spouse removes themself from any support obligation? and/or does not participate in the solicitation of a permanent resident card? Or if there is a co-sponsor, can the immigrant stay and the USC is removed from sponsorship responsibilities?
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4/28/06 sent I-129 package to NSC
5/1/06 NOA1
6/10/06 case transferred from NSC to CSC
7/3/06 rec'd IMBRA
7/11/06 touched - IMBRA rec'd by CSC
9/1/06 touched - email NOA2 - approved!
9/21/06 NVC letter stating package sent to Caracas
10/5/06 & 10/14/06 DHL website confirms CCS rec'd packages (hopefully one of them was mine)
12/10/06 Interview - passed
1/5/07 arrival to US
1/27/07 marriage
putting together AOS package - confused about medical - translated personal immunization record myself, went to ACS, paid fee, got documents in a sealed envelope "DO NOT OPEN"
3/26/07 mailed AOS & EAD to PO BOX
3/28/07 delivered
4/23/07 Biometrics

#10 pushbrk

pushbrk

    Straight Talk Member



Posted 14 June 2008 - 10:56 PM

QUOTE (arsv @ Jun 14 2008, 07:21 PM) <{POST_SNAPBACK}>
QUOTE (pushbrk @ Sep 17 2007, 10:21 AM) <{POST_SNAPBACK}>
QUOTE (borealgirl @ Sep 17 2007, 07:16 AM) <{POST_SNAPBACK}>
Well, not to complicate the varioety of aswers you have received, I did read a stroy of a person, who having realized that his wife was not really in love with him, believed his wife had was immigrated only to get into the US. He was told that he could have had her conditional GC revoked if he chose to go through that process. So, what I understand from that story is that only once you have the full GC can someone no longer pull back support.



This is apples and oranges. Without the "support" of the USC spouse, it can be more difficult (far from impossible) to remove conditions but that "support" is for filing and any interview. The I-864 is binding when the conditional green card is in hand or when the immigrant visa is issued and the obligations continue until one of the prescribed conditions are met.

Withdrawing the I-864 is not the same as withdrawing support.


What do you mean withdrawing the I-864 is not withdrawin support? The I-864 is support, the affidavit of support.

So what's the bottom line?

Say the immigrant has a conditional permanent resident card, but the marriage sucks and ends before soliciting change to (non-conditional/regular) permanent resident. If the USC spouse wants, can he/she be removed from any obligations of support? Does having a co-sponsor help? Does the immigrant have to leave the US if the USC spouse removes themself from any support obligation? and/or does not participate in the solicitation of a permanent resident card? Or if there is a co-sponsor, can the immigrant stay and the USC is removed from sponsorship responsibilities?


The I-864 is a contract between the sponsor and the Federal government to reimburse the government for means tested benefits paid to the beneficiary. It does not obligate the sponsor to actually support the beneficiary. So, you can stop supporting the beneficiary but you are not released from the obligation to the government, should there actually be one at some point.
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Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless.  Anonymous




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