Cancelling Affidavit of Support during AOS

[SPSguy 18]

Dear Vjers,

I am in the processing of helping a friend cancel his affidavit of support during AOS. After many hours of research this is what I came up with in regards to cancellation of the I 864.

Beginning and End of the Contract

Contract begins when the alien becomes a permanent resident (not when the I-864 is signed). Contract ends if: *Alien becomes a U.S. Citizen *Alien can be credited with 40 qualifying quarters of coverage under Title II of the Social Security Act, 42 USC §401 et seq. *Alien ceases to hold Lawful Permanent Resident status (Green Card Holder) and leaves the U.S. *Alien is in removal proceedings, obtains a grant of new Adjustment of Status and with that, a new Sponsor *Alien dies *Sponsor dies

My question is, upond sending in a letter to revoke his affidavit of support, will the USCIS send a confirmation that they have recevied it?

My good freind has sent in a signed/notarized letter to revoke his affidavit of support to the Chicago lockbox, Benefits center in MO, and also to the NE service center. None has written back to confirm.

I took him to the local immigration office and the person at the counter advised him to file divorce before cancelling the I 864 which currently has no effect on the adjustment of status and arrival of greencard for his wife.

Is this the case of a poorly informed USCIS local staff, or, a matter of fact that the revocation of the affidavit of support has no effect. And if there is effect, is there anything in writing?

Thanks everyone. I'm certain this topic will come up again and again in the future.

[Ryan H 3,791]

Moved from K1 Process & Procedures to Adjustment of Status from Family Based Visas forum; topic is an AOS process issue.

[jkelly07 120]

if you petition for that person signed the affidavit of support 1-864 your responsable for that person beneficiary,unless that person goes back to there country, the sponsor dies, works 40 quarters,or becomes a us citizen, if you get a divorce it makes no difference your still on the hook.

[Que Saudade 284]

if you petition for that person signed the affidavit of support 1-864 your responsable for that person beneficiary,unless that person goes back to there country, the sponsor dies, works 40 quarters,or becomes a us citizen, if you get a divorce it makes no difference your still on the hook.

:thumbs:

[SPSguy 18]

if you petition for that person signed the affidavit of support.

That's interestibg. Keeping in mind that we are discussing AOS which means prior to permanent residency. At what point would your statement apply?

At the point of signing and before you even mailing the form? At the point of the USCIS recieving the form? At the point of approval of AOS? At the point of of GC production?

At what point would this responsibility start?

[Harpa Timsah 13,258]

Your understanding is correct - the Affidavit only becomes official when the GC is approved. I would look in the "Major changes" forum, there should be lots of advice on how to successfully withdraw the affidavit before the I-485 is adjudicated.

[SPSguy 18]

Just a quick update for those in this process. Since submitting a formal request to cancel the I 864, no confirmation was sent to him.

In fact, the local uscis incorrectly advised the only way to cancel was to file divorce.

Well they are 100% wrong.

The end result is there will be a decision made on the greencard which took almost 9 months. The decision will be a denial based on the cancellation of the I 864.

Hope this helps.

[NigeriaorBust 4,087]

Just a quick update for those in this process. Since submitting a formal request to cancel the I 864, no confirmation was sent to him.

In fact, the local uscis incorrectly advised the only way to cancel was to file divorce.

Well they are 100% wrong.

The end result is there will be a decision made on the greencard which took almost 9 months. The decision will be a denial based on the cancellation of the I 864.

Hope this helps.

You cut and pasted the same bit of info at least 3 times tonight. Quite proud of your one piece of info aren't you. Even on thread that are 5 years old

[SPSguy 18]

You cut and pasted the same bit of info at least 3 times tonight. Quite proud of your one piece of info aren't you. Even on thread that are 5 years old

No I am trying to help people understand this process as it's not well covered and not documented. I did a quick search on the site for cancelling affidavit of support and noticed people are still having unanswered questions. Not pride but selflessness and extra time on hand today.

Edited November 29, 2012 by SPSguy

[kps518 0]

Thank you,