Withdrawal of affidavit of support

[pinano 49]

47 minutes ago, Joyce1524 said:

No i wasnt aware at all. I was not familiar with that. She told me she just need to show it to the immigrations she can get her green card & that i dont have to worry bout anything its just a show. Until someone told me about AOS then i started research on the internet & there i read that they could go after me or i could be sued. I was surprised.

You shouldn’t have to go ahead being a sponsor if you are not comfortable doing so. And I agree it’s very shady your sister in law doesn’t seem to want to respect that. 

 

But it does strike me as odd that you had no idea what is involved. I’m assuming you had to sign an I-864 form. Both the form and its instructions are very explicit with regards to the financial commitment and how/when you’d be held liable. 

 

 

[Crazy Cat 39,182]

I would also write a letter to her attorney.........He can not ignore it.......

[Unlockable 7,306]

1 hour ago, Joyce1524 said:

No i wasnt aware at all. I was not familiar with that. She told me she just need to show it to the immigrations she can get her green card & that i dont have to worry bout anything its just a show. Until someone told me about AOS then i started research on the internet & there i read that they could go after me or i could be sued. I was surprised.

She sounds manipulative. The fact that she is telling you lies that she will withdraw it for you (which legally she can't) and the fact that she told you it was only for show. Cut all ties with her. Get a lawyer, if need be, to let her know she can not use any of your information moving forward. And which ever family member that petitioned her should be informed as well. Protect yourself.

 

Best of luck to you.

[bowens44 213]

2 hours ago, Joyce1524 said:

Need help asap pls....i am a joint sponsor for my sister in law but i want to withdraw it after i found out that i could be responsible if she ever apply for government assistant.

You just found out?? Really? Did you read the document before you signed it?

[Joyce1524 7]

1 hour ago, pinano said:

You shouldn’t have to go ahead being a sponsor if you are not comfortable doing so. And I agree it’s very shady your sister in law doesn’t seem to want to respect that. 

 

But it does strike me as odd that you had no idea what is involved. I’m assuming you had to sign an I-864 form. Both the form and its instructions are very explicit with regards to the financial commitment and how/when you’d be held liable. 

 

 

When i signed it she already have it marked where i needed to sign. The problem with me is i easily trust a person, lesson learned. & i wanted to help her & for the sake of my nieces too. 

[Joyce1524 7]

1 hour ago, missileman said:

I would also write a letter to her attorney.........He can not ignore it.......

If i wrote a letter to her attorney will she do the right thing? Or will she be on her side?

[Joyce1524 7]

1 hour ago, Unlockable said:

She sounds manipulative. The fact that she is telling you lies that she will withdraw it for you (which legally she can't) and the fact that she told you it was only for show. Cut all ties with her. Get a lawyer, if need be, to let her know she can not use any of your information moving forward. And which ever family member that petitioned her should be informed as well. Protect yourself.

 

Best of luck to you.

She is manipulating my brother & does what she says. Smh

[Crazy Cat 39,182]

14 minutes ago, Joyce1524 said:

If i wrote a letter to her attorney will she do the right thing? Or will she be on her side?

An ethical attorney would inform his/her client to seek another sponsor........You are legally allowed to withdraw sponsorship ......

[Unlockable 7,306]

 

 

43 minutes ago, Joyce1524 said:

When i signed it she already have it marked where i needed to sign. The problem with me is i easily trust a person, lesson learned. & i wanted to help her & for the sake of my nieces too. 

There is a popular saying, "Don't set yourself on fire to keep someone else warm." 

 

It is good that you want to help your nieces, but ultimately that is the responsibility of your brother.

 

 

34 minutes ago, Joyce1524 said:

If i wrote a letter to her attorney will she do the right thing? Or will she be on her side?

There is nothing she can do. I told you this before, she can't witbdraw your affidavit. You are the sole legal entity of that document. YOU signed it. Your sister-in-law nor her lawyer can withdraw it. However, I would let her lawyer know that your SIL not willing to respect the wishes of you withdrawing the affidavit is of concern and you will (or have) your own legal counsel that will investigate if your SIL doesn't fall back. 

 

But in the meantime, have you called?

[arken 4,197]

Though sending a letter to her attorney is not a bad idea, i wouldn’t rely on it completely. The lawyer may have ethical obligation not to send i864 based on the request but he is not obligated to ask for withdrawal if already sent which seems to be the case.

 

i would suggest

1. Try to get the receipt numbers if possible

2. Call uscis as suggested just to seek the process

3. Mail the withdrawal letter to the service center where her case is being processed. If not the receipt numbers, you need to list at least Petitioner and beneficiary’s full name, address, date of birth, (SSN if you know) like that so that they can find their case. (If you have a copy of i864 you signed, you can find in that form)

4. Mail similar letter to the USCIS field office serving her area. You can look up online on uscis website. If there are two field offices serving the area and you don’t know which one, mail to both.

5. Call uscis few weeks later and inquire about yout withdrawal.

Edited August 1, 2019 by arken

[wbeem 567]

When you mail in your withdrawal, pay the few extra bucks and send it as expedited mail. And keep a copy of the form for your records  before you you close the envelope. 

Good luck, OP.  So sorry this happened to you.  Another popular saying: No good deed goes unpunished! 

[Nitas_man 3,100]

3 hours ago, Joyce1524 said:

If i wrote a letter to her attorney will she do the right thing? Or will she be on her side?

If you write a letter to the attorney and have it delivered/registered/signed for the attorney will have no choice but to follow your wishes.

 

If you send your letter to USCIS by fedex with a receipt and keep a copy of that receipt then you will have some defense if someday they hold you to the affidavit.

 

Your best bet:  Do all 3.  Photograph the letter, photograph the addressed envelopes, scan the letter, scan the delivery receipts, and save it all in a folder.

[Lemonslice 4,549]

6 hours ago, Nitas_man said:

You need to call USCIS today

 

You can withdraw the support affidavit anytime up to the time of the interview and approval.  If you do not, then you are on the hook for 10 years.  It cannot be withdrawn.

 

I suggest that you send a letter with the information that you have - name, address, name of her petitioner and both mail it in and make an appointment to hand carry that letter to a local USCIS office.  

Can be forever. No 10 year expiration date.

[geowrian 22,335]

1) Call USCIS and let them know of your intent. Follow their directions.

2) Send the letter to USCIS to withdraw the petition. No details of why you want to withdraw are needed - just that you no longer wish to be a sponsor.

3) Send a letter to the attorney and include a copy of the letter you sent to USCIS.

4) Have copies of both documents and store them securely.

 

Letters should all be sent via verifiable tracking services. With the lawyer especially, signature required is preferred.

 

Steps 1 + 2 is all that is technically required. Step 3 is extra reassurance. In the event that somehow she does get approved and then either tries to sue you for support under the I-864 - OR - the government wants reimbursement for funds used, you can point to the documents as evidence that you withdrew the I-864 on x/x/xxxx, and that the lawyer knew of it. That puts his neck on the line if he acted improperly.

[Nitas_man 3,100]

2 minutes ago, Lemonslice said:

Can be forever. No 10 year expiration date.

Good point 👍