How do I withdraw an I-864?

[DB9 0]

I would like to withdraw my I-864 financial support form because I found out six months ago that my spouse married me just for a green card. When we discussed this, my spouse agreed to leave the United States if I agreed to not report another fraud I discovered (forging an affidavit she submitted to the USCIS several months earlier). After she left the US, she email me and assured me she filed an I-407 and sent me a copy of the receipt from USCIS. I just found out that she may have returned to the US two months ago. I suspect she has filed a fraudulent I-864 for support. 

It was my understanding that after she filed an I-407, my obligations under the original I-864 were void. Of course there is the possibility she never filed the I-407 as well. In either case, could you tell me where to send my withdrawal letter and if I should include documentation to support the prior fraud committed? 

I am in Boston and it seems I would send this withdrawal form to the Vermont location, but I also saw a Chicago address listed for this type of form.

Thank you for any help you can offer.

 

 

 

[Chancy 6,241]

4 minutes ago, DB9 said:

It was my understanding that after she filed an I-407, my obligations under the original I-864 were void. Of course there is the possibility she never filed the I-407 as well. In either case, could you tell me where to send my withdrawal letter and if I should include documentation to support the prior fraud committed? 

 

There is no withdrawing the I-864 once a green card has been issued.  If there was, millions of divorced petitioners would be all over it.  The best you can do is report the fraud to USCIS and send as much evidence as you can.  Also, confirm with USCIS if the I-407 has indeed been filed.

 

[DB9 0]

Thank you Chancy.

If the I-407 was submitted, wouldn't the process start all over again with a new I-864 being filed? And if that is the case, wouldn't it be prudent to withdraw support?

Also, I did try to confirm the I-407 was filed, but USCIS wouldn't tell me anything because I was not the immigrant.

Edited December 23, 2020 by DB9

[Crazy Cat 41,981]

Are you still married to her?  Regardless, you can't just mail in a withdrawal letter.  Remember, you gave USCIS, NVC, and the Consulate officer a lot of evidence to prove your marriage was legit.  Good luck.  I hope you can legally unburden yourself.  

[Crazy Cat 41,981]

1 minute ago, DB9 said:

Thank you Chancy.

If the I-407 was submitted, wouldn't the process start all over again with a new I-864 being filed? And if that is the case, wouldn't it be prudent to withdraw support?

If the I-407 was properly submitted, you should be free from any obligations. 

[DB9 0]

8 minutes ago, Lucky Cat said:

Are you still married to her?  Regardless, you can't just mail in a withdrawal letter.  Remember, you gave USCIS, NVC, and the Consulate officer a lot of evidence to prove your marriage was legit.  Good luck.  I hope you can legally unburden yourself.  

Yes, I'm still married, although I haven't seen my spouse for six months. I am in the process of divorce.

 

Edited December 23, 2020 by DB9
spelling

[Crazy Cat 41,981]

1 minute ago, DB9 said:

Yes, I still married, although I haven't seen my spouse for six months. I am in the process of divorce.

 

If the I-407 was submitted, your primary concern will be protecting yourself through the divorce proceeding, imo.

[DB9 0]

6 minutes ago, Lucky Cat said:

If the I-407 was properly submitted, you should be free from any obligations. 

Thank you Lucky, I actually think it was properly submitted because at the time, she was very concerned about being reported for the fraud. I didn't wish any difficulty on her, so I agree not to do anything further. 

I honestly believed the marriage was legitimate. It has been a difficult thing to deal with, but I just don't want more issues to come up later. Thats why I ask about the withdrawal of support. Kind of a belt and suspenders way of minimizing stress. 

Edited December 23, 2020 by DB9

[Crazy Cat 41,981]

2 minutes ago, DB9 said:

Thank you Lucky, I actually think if was properly submitted because at the time, she was very concerned about being reported for the fraud. I didn't wish any difficulty on her, so I agree not to do anything further. 

I honestly believed the marriage was legitimate. It has been a difficult thing to deal with, but I just don't want more issues to come up later. Thats why I ask about the withdrawal of support. Kind of a belt and suspenders way of minimizing stress. 

My understanding is that I-864s are in effect until the immigrant is no longer an immigrant or has 40 quarters of work credit.

[Chancy 6,241]

3 minutes ago, DB9 said:

If the I-407 was submitted, wouldn't the process start all over again with a new I-864 being filed? And if that is the case, wouldn't it be prudent to withdraw support?

 

IF the I-407 was properly filed, the process for her to regain a green card should start from an I-130 petition for a spouse.  Did you file an I-130 for her?  If you suspect she might be submitting forged documents, I strongly recommend you inform USCIS of your suspicions and clarify with them that you are not petitioning your spouse again.  But until you get confirmation from USCIS about the I-407, you have no guarantee that the previous I-864 is no longer in force.

 

[DB9 0]

5 minutes ago, Chancy said:

 

IF the I-407 was properly filed, the process for her to regain a green card should start from an I-130 petition for a spouse.  Did you file an I-130 for her?  If you suspect she might be submitting forged documents, I strongly recommend you inform USCIS of your suspicions and clarify with them that you are not petitioning your spouse again.  But until you get confirmation from USCIS about the I-407, you have no guarantee that the previous I-864 is no longer in force.

 

Thank you again Chancy. I filed the I-130 in the beginning of our marriage, but never filed it a second time. I strongly suspect she has filed forged documents. Since she has done this in the past and she has been seen back in the country. I called the USCIS fraud number (and waited on hold for 65 minutes), they told me to report the fraud online which I did. But there was no way to attach documents I have for proof and the agent on the phone said there was no where to send the documents. With COVID, I cannot get an appointment in my local USCIS location or even talk to someone in the local office. 

My concern is, just as you wrote, that even if the I-407 was filed, she would just start over with the I-130 forging my signature. I thought sending a letter by FedEx with a tracking number, would ensure a response from USCIS that I filed the letter in time. I understand that this is mute if she never really filed the I-407, but a response from USCIS telling me this would give me this answer.

My wife handled all of these forms and I am just now trying to understand the process. I should have been more involved, but now I see why she handled everything.

Would you know where I would send this withdrawal letter? I imagine it is the same place a I-864 is sent, but I am not even sure of this.

 

[DB9 0]

28 minutes ago, Lucky Cat said:

My understanding is that I-864s are in effect until the immigrant is no longer an immigrant or has 40 quarters of work credit.

Thank you Lucky Cat. I did find a few others: 

[carmel34 3,639]

This question comes up often and the recommendations are the same,  1. submit any documentation that you have to prove fraud to USCIS,  2. get a good divorce attorney and finalize the divorce, and 3., move on with your life.  Your wife's immigration journey is now her own, sorry the relationship didn't work out.  Good luck!

[DB9 0]

1 hour ago, Lucky Cat said:

My understanding is that I-864s are in effect until the immigrant is no longer an immigrant or has 40 quarters of work credit.

 

6 minutes ago, carmel34 said:

This question comes up often and the recommendations are the same,  1. submit any documentation that you have to prove fraud to USCIS,  2. get a good divorce attorney and finalize the divorce, and 3., move on with your life.  Your wife's immigration journey is now her own, sorry the relationship didn't work out.  Good luck!

Thanks, I really am trying to do just that. I actually started this topic to get the address to send my documents, but with all the comments, no one has been able to do that. 

[Boiler 45,670]

Could you clarify what evidence of fraud you have?