I-864 withdrawal

[misterno7 0]

I have signed the I864, but I would like to withdraw it as some things happened in the meantime. I'm still in touch with the sponsored person that assures me not to withdraw the I864 so he can get a work permit so that I wait until the inteview when he will hand out to the officer new i864 as he will find another sponsor in a meanwhile.

Does this sounds right? Can be done in that way

Another option is that he withdays his i485 and filles another, with a different sponsor, but he is loosing a time in that case and I feel responsible for the issue.

I have heard that noticing USIC in writting to withdraw that I-864 doesn't necessarily means that USCIS will get that notice

What would you do?

[NigeriaorBust 4,087]

If you do not wish to be responsible withdraw the form. It isn't your responsibility to worry about this persons status. Do so quickly before it is too late.

[Jawaree 717]

If u absolutely sure U want out DO IT NOW

it cannot be transfer to another after its

in writing and you R on the hook unti, the

person naturalizes, or is decent enough to

work and never receive any govt benefits

for the duration they R required to work

then relieving u of this responsibility

[Darnell 8,478]

uhm,

are you the primary sponser? if so, and you withdraw the I-864, then the 'application/petition/whatever this is' stops on process.

Probably best, if that's what you want to do. Making the decision, as a primary sponser, is a big deal. Withdrawing the I-864, with USCIS, is not a big deal. I note the two things, as they are not the same.

---

So, are you the primary sponser, or no ? I ask, because you posted in the Adjustment of Status (Green Card) from Family Based Visas sub-forum and usually folk who hold a K-1 or K-3 visa post here and

ALWAYS for these 2 visa types, if the primary sponser withdraws the I-864, the applicant cannot adjust status with another human, at all.

Edited December 19, 2013 by Darnell

[misterno7 0]

Thanks for the replies. I'm sponsoring someone who is doing AOS from F1 visa, based on a marriage to a US citizan. All documents are already submitted few days ago.

I'm the primary and the only sponsor.

Yes I absolutely want to withdraw the I864, but the question is when? Sponsored person needs EAD quickly and his arguments is that we don't do anything now so he can get EAD and that he will on an interview change a sponsor. This may or may not happen right, so it is foolish to believe?

He is begging me not to do it now so he get EAD. I was thinking that it is safe for me to wait until he gets EAD and not to wait till the time of an interview. If I withdraw I-864 after he gets EAD it is still safe, I mean I have time, and that doesn't automatically make his EAD invalid?

[NigeriaorBust 4,087]

He is trying to keep you on the hook, your resonsibility is to yourself. If they can't afford to immigrate then they should have waited until the had better planning.DO NOT WAIT. If the green card gets approved quickly you are forever screwed If you withdrawl and AOS is denied then the EAD is also bad. Waiting is just them hoping to keep you tied up permanently and if they are that shady you don't want to help them

[LIFE'SJOURNEY 970]

After the person receives their EAD card, you will not have the opportunity to withdrawl the I864.

[belinda63 2,981]

You have filed the I-864. If you let it stand as is right now you will be on the hook until the person dies, he obtains citizenship, he gives up his green card, or he works 40 qualifying quarters (10 years) which means you may be obligated for the rest of his/her life.

If you withdraw the I-864 now the entire process will stop.

If you wait until the EAD is issued to withdraw the I-864 the EAD will become invalid as soon as your request is processed.

If you wait until the interview the green card will be denied and the EAD invalidated.

There will be no opportunity for a sponsor other than you (only in addition to you) to provide an I-864. No one can substitute as a sponsor for family based adjustment, the spouse is ALWAYS the primary sponsor. Even if he begins working and makes enough to meet the poverty requirements your I-864 is required to adjust If he finds another person to sponsor him, your I-864 is still required.

Without your I-864 this person cannot adjust status based upon your marriage and cannot work after the withdrawl request is processed, the EAD becomes invalid when the I-485 is denied due to no sponsor.

Withdraw the I-864 now. Do it in writing and make an infopass and provide a letter in person at that time. Notarize the letters. There is no reason to delay withdrawing the I-864 since as soon as you do so the EAD will be invalid. There is no reason to delay as he cannot substitue a sponsor for you.

[aaron2020 11,651]

Withdraw it or be on the hook. Your choice to protect yourself or not. You have been given overwhelming advice to withdraw and protect yourself. The choice is yours. You are in control at the moment. Once he gets an immigration benefit, you are bound by the contract you willingly signed and allowed to go into effect.

[aaron2020 11,651]

Thanks for the replies. I'm sponsoring someone who is doing AOS from F1 visa, based on a marriage to a US citizan. All documents are already submitted few days ago.

I'm the primary and the only sponsor.

Yes I absolutely want to withdraw the I864, but the question is when? Sponsored person needs EAD quickly and his arguments is that we don't do anything now so he can get EAD and that he will on an interview change a sponsor. This may or may not happen right, so it is foolish to believe?

He is begging me not to do it now so he get EAD. I was thinking that it is safe for me to wait until he gets EAD and not to wait till the time of an interview. If I withdraw I-864 after he gets EAD it is still safe, I mean I have time, and that doesn't automatically make his EAD invalid?

Please clarify.

The USC that this person married is always the primary sponsor.

Your post seems to suggest that the USC spouse is not you.

[misterno7 0]

Thanks a lot!

Let me clarify. I'm not his spouse. I am his friend. His spouse doesn't make above the poverty level so they needed a sponsor. That is why me (his friend) is a sponsor and not his wife.

Thanks for you replies! This is what I will do based on the information that I have. I don't have his case number but I do have all his personal information including A number. I will send notarized letter to USCIS and as suggested make INFOPASS appointment with the local USCIS office and give them as well notarized letter. This a right and sure way to go ? Should I wait a week or more until I'm sure that he has assigned case number and make an INFOPASS then? How "deeply" I need to explain why am I withdrawing I-864?

[aaron2020 11,651]

You do not have to explain why you're withdrawing the I 864. All you have to do is tell them that you want to withdraw. No questions asked.

His wife is the primary sponsor on the I 864. You are the joint sponsor.

[aaron2020 11,651]

By the way, I would never ever sign an I-864 for a friend. I have no desire to support him at the poverty line for his household level for the rest of my life. The law allows the immigrant to sit on his ### and sue the I-864 sponsors for support. The immigrant does not have to show any effort to go to work to win in court for support from the sponsors.

Edited December 19, 2013 by aaron2020

[misterno7 0]

This is reply from his layers that submitted application

I am not planning on withdrawing the I-485 (He** would lose the $1500+ that he paid in filing fees), we are withdrawing your I-864 (affidavit of support) because you are not going to sponsor him. We will submit a new affidavit to replace yours but we need to make sure that USCIS accepts the withdrawal. I would recommend to withdraw your I-864 at the time the interview is scheduled or at the time of the interview and not before then since I can’t guarantee that they will process the request. I know that you will want a guarantee and USCIS will not respond to the request right away. I tried to withdraw an application (different issue – not an I-864) by mail 3 months ago and USCIS did not do it. I never received acknowledgment of the letter and we did not know for months what was going on. Right now I am dealing with that case and it has delayed processing of the green card because I am trying to explain everything to USCIS by mail. Please understand that USCIS does not provide phone numbers to contact the adjudicators while cases are pending which means that we have to do all this by mail.

Finally, and more important, the I-864 does not become enforceable until he becomes a permanent resident and he needs to attend an interview before he can become a resident. He needs to attend the interview and allow the immigration examine the affidavit of support, form I-864. The I-864 is a requirement for the approval of the case. We will prepare our request for withdrawal and will ask the government NOT TO adjudicate the application for permanent residence with your I-864. I will send you a copy of the letter with our request before we file it so you can be assured that this is happening before the adjudication of the green card case. I have copied the relevant part of an interview notice so you can see that USCIS always allows to bring I-864 information to the interview. We will submit a new one and withdraw yours so please rest assured that you will not be the sponsor.

[aaron2020 11,651]

His lawyer's job is to protect him, not you

You should absolutely not trust his lawyer.

His lawyer cannot do anything against his own client's best interest. If his client tell him not to withdraw the I-864 then that is what the lawyer will do.

Do not expect the lawyer to do what is best for you.

Do not rely on the lawyer to withdraw the I-864. You are responsible for you. You need to take care of this yourself.

The part where the lawyer said his client needs to attend an interview to get a green card is a lie. Many people get their green cards without an interview.

Edited December 19, 2013 by aaron2020