I-864 withdrawal

[belinda63 2,981]

Never trust an attorney. Do what you need to do to withdraw the I-864. If his attorney does it at the interview also no harm done. If the attorney "forgets" to withdraw you I-864 you are on the hook, potentially for life.

[Darnell 8,478]

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?

OK - I'll assume you married this human.

Withdrawal can occur anytime between:

--filing that AOS set and

--issuance of greeen card.

you mentioned 'receiving the EAD' as a timetick the two of you are negotiating about, at the moment. Although technically this can work, that gives that F1 human a bit of legal presence and time in the USA plus the legal capacity to work. If I were in yer shoes, I would not negotiate about this timetick, I'd simply file for divorce and withdraw the I-864. But that's me, I'm an acerbic, scurrulous cuss who loathes folk attempting to play in the immigration arena without real intent (Manytimes they wear the label of visa scammer or green card scammer) .

---

Since this is a F1 visa holder, this 'change a sponser' thingie is a euphemism for 'divorce with you and marry another citizen and file a new AOS package'. Just saying.

---

you technically are not 'on the hook' for the I-864 stuff until the green card is issued.

---

Good Luck, whatever you decide to do. Withdrawal of I-864 is easy, just takes a letter into USCIS (mail or walk in) and you do not have to be legally divorced to withdraw it.

[Darnell 8,478]

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?

Ah - you are his co-sponser, and not a primary sponser. Different stuff, then.

Sure, you can withdraw it at this stage.

[Darnell 8,478]

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 cant 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.

all of that sounds plausible, fwiw.

[aaron2020 11,651]

all of that sounds plausible, fwiw.

It's worth nada since the lawyer owes no duty to the OP.

[Darnell 8,478]

sure, could be labelled 'fluff' sent back to the OP, but, I'm not writing any more in this topic.

[Zedayn 485]

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

This is not true. You are no longer able to withdraw the I-864 after the I-485 is approved, not if the EAD is approved. My ex received her EAD/AP card in July 2013, I requested a withdrawal in August and received confirmation in October that the withdrawal was accepted by USCIS.

[misterno7 0]

Thanks for sharing your stories, it makes me feel easier to know what my options are.

@ Zedayn, how did you do it? Just a mail to USIC and it took them 2 months to process it? To my understanding that is risky because USCIS gets a tons of letters and at this moment I don't know his case number. Also it seems logical that there is a higher chance that uscis will accept withdrawal if the case is already in the local USCIS center and they have looked into the case (sent some letters) rather than in a global lockbox. Good to know that they must give you a confirmation letter.

I can do both, mailing and walk-in to the USCIS office. I do have his A number but not the case number and don't know will it be better to have a case number as well.

[Zedayn 485]

Thanks for sharing your stories, it makes me feel easier to know what my options are.

@ Zedayn, how did you do it? Just a mail to USIC and it took them 2 months to process it? To my understanding that is risky because USCIS gets a tons of letters and at this moment I don't know his case number. Also it seems logical that there is a higher chance that uscis will accept withdrawal if the case is already in the local USCIS center and they have looked into the case (sent some letters) rather than in a global lockbox. Good to know that they must give you a confirmation letter.

I can do both, mailing and walk-in to the USCIS office. I do have his A number but not the case number and don't know will it be better to have a case number as well.

First I went to the local office, but since my ex's case wasn't there they told me they couldn't do anything. I had to mail a letter to the National Benefits Center where her application was. An immigration officer told me to also withdraw my I-129F petition as well as the I-864. I included a copy of my NOA2 from the I-129F, as well as NOA1 from the I-485 and the ASC appointment notice for biometrics.

In your case since you don't know the case number for the I-485, they should still be able to track it from your I-129F case number. You can also include the A# in your withdrawal request, it might help too.

[MochaMichou 26]

Withdraw it now or never. Sponsorship is a really serious thing. My mother in law is my joint sponsor and I made her read all the rules clearly before signing anything because of how serious the responsibility is. Let us assume that the person you are sponsoring is a great human being and that he will never sue you for money (which is his right when you sponsor him). The problem here is even if he is THAT nice, the moment you sign the sponsorship document, ou make a contract with the GOVERNMENT to take care of that person. If you fail to do so then the GOVERNMENT will make you do it. if he gets welfare then the GOVERNMENT will make you pay back every penny he got from them.

No one wants to play with the government. Im adding my voice to what others said and telling you to withdraw it right away. walk in and send a letter at the same time and make a call to USCIS if necessary. Do not trust what everyone else tells you (lawyer, or beneficiary).

On a different note, I don't know what is the reason that made you change your mind but a general advice is to only sign a paper when you are 100% sure you want to help that person. If its a sudden realization of how serious the sponsorship is then you are wasting the beneficiary's time and he could have found another sponsor from the beginning (assuming the beneficiary is not having a sham marriage for the purpose of green card only).

Good luck

[NigeriaorBust 4,087]

Seeing that the lawyer has also contacted you I would write back to them. Tell then in no uncertain terms that you do not wish to be the co sponsor and that you expect conformation that they have notified USCIS separately to inform them that you no longer wish to preform this function and that any failure on their part to so may open them up to legal action. Send it certified to both the couple involved and the lawyer. with a copy of your separate certified letter to USCiS. If they still sit on their thumbs I would use this notice to try for sue the lawyer if they ever enforce the I864

[Zedayn 485]

Don't even bother going through the lawyer. YOU send the letter to USCIS yourself.

[misterno7 0]

Yes I put myself in a lot of trouble releasing to late that I'm doing it for a person that may end up in jail.

I explicit said to his layer via email that I don't want to be a sponsor and his layer assures me that I will not be. In the last response his layer said that they cannot withdraw the application, but that he will write a letter to USCIS and copy me (to withdraw my I864 ) and will not allow that his client attends the interview if his client doesn't obtain another sponsor in a meantime. IF you read this more carefully layer will wait until his client gets the interview letter , because if they inform USCIS about i864 withdrawal. then USCIS will never send the invitation letter for an interview. Secondly this means that his client will bring another i864 at the time of an interview and basically will ask them to swap affidavits.

@NigeriaorBust. Very well spoken! As I never did certified letters, am I thinking right that such letter has CC of all the addresses to which the letters are addressed and also notarized, right?

Edited December 20, 2013 by misterno7

[NigeriaorBust 4,087]

Certified letters give you a name of who got it and a time they got it . A point of blame so to speak . Notarization only ensures that you are the person that signs it a notary adds no value to the content of the items other than authenticating signatures . A cheap trick that works sometimes is in the CC add legal file

[DJ&L 83]

I am a joint sponsor on an I-864 form for my girlfriends mom, or someone I thought was my girlfriend. It hasn't been approved and I am wondering how do I withdraw my name as the joint sponsor since her mom is wanting to divorce her husband once she does get to the United States?

You need to start a new thread, Stargazer. Don't hijack this one.