Questions about how to withdraw Affidavit of Support obligations under Form I-864 come up frequently. Many sponsors want to know whether it is possible to withdraw the affidavit once it has been submitted and what the process actually looks like.
The good news is that the law gives a clear answer. The bad news is that the answer is not always what sponsors hope to hear.
Understanding the I-864 withdrawal process starts with knowing the basic rule in federal immigration regulations and when a sponsor still has the ability to withdraw the affidavit.
The Basic Rule for Withdrawing an Affidavit of Support
The rules governing how to withdraw an Affidavit of Support sponsorship are set out in federal regulations at 8 C.F.R. 213a.2(f).
Under this regulation, a sponsor can withdraw an Affidavit of Support only if two requirements are met:
- The withdrawal request must be made in writing
- The request must be received before immigration status is granted to the intending immigrant
This rule applies broadly to people involved in the Affidavit of Support process, including:
- Primary sponsors
- Joint sponsors or co-sponsors
- Household members who signed a Form I-864A
In other words, anyone who signed an Affidavit of Support as part of the immigration process may withdraw it only if the request is submitted in writing before the immigrant receives status.
Two Types of Immigration Cases Where Withdrawal May Apply
The regulation applies to two different types of immigration applications.
Immigrant Visa Applications
The first situation involves people outside the United States applying for an immigrant visa through a consulate.
These applications may include visas such as:
- CR1 visas, typically used when a marriage is less than two years old
- IR1 visas, used when the marriage has been longer
In these situations, the sponsor may withdraw the affidavit as long as the request is received before the immigrant visa is issued.
Adjustment of Status (Green Card Applications)
The second situation involves applicants for adjustment of status via the Form I-485. These are intending immigrants applying for residency within the United States, as opposed to those still abroad.
Even though the application process is different, the rule is the same. A sponsor may withdraw the affidavit if the written withdrawal request is received before the adjustment of status application is approved.Once residency has been granted, the sponsor can no longer withdraw the Affidavit of Support.
Why Sponsors Cannot Withdraw the Affidavit After Status Is Granted
The purpose of the Affidavit of Support helps explain why the withdrawal deadline exists.
The affidavit is part of a broader statutory system intended to prevent immigrants from becoming a public charge, meaning dependent on public resources for support.
By signing Form I-864, the sponsor agrees to act as a financial guarantor for the intending immigrant.
Because of that role, allowing sponsors to withdraw the affidavit after the immigrant has already obtained residency would undermine the entire purpose of the law. The financial support obligation is meant to remain in place once immigration status has been granted.
Is There a USCIS Form to Withdraw an Affidavit of Support?
Many people assume that USCIS must have a specific form for withdrawing an Affidavit of Support.
However, no such form exists.
There is:
- No USCIS withdrawal form
- No Department of State withdrawal form
- No required template or specific language
The only requirement is that the request:
- Be in writing, and
- Clearly state that the sponsor wishes to withdraw the Affidavit of Support
The Practical Challenge: Tracking the Immigration Case
Even though the rule sounds simple, the practical difficulty in the I-864 withdrawal process often involves figuring out where the immigration file is located in the system.
Immigration applications typically move through several stages.
For example, an immigrant visa case might:
- Begin with a petition filed in the United States
- Move to the National Visa Center
- Eventually be sent to a U.S. consulate abroad for the interview
Adjustment of status applications follow a similar path:
- The application is filed with USCIS
- It goes to a service center for processing
- It may later be sent to a local field office for adjudication
If a sponsor wants to withdraw the affidavit while the application is moving through this process, there is a risk that the withdrawal request will not reach the correct office at the right time.
A Practical Strategy for Submitting a Withdrawal Request
Because of the uncertainty about where a case is in the process, a conservative strategy is to send the withdrawal request to multiple possible locations.
For visa applications abroad, a withdrawal request can be sent to both:
- The National Visa Center, and
- The appropriate visa department of the U.S. consulate handling the case.
For adjustment of status, if someone in Seattle is applying for permanent residency, the sponsor might send the withdrawal request to:
- The USCIS Service Center charged with reviewing the case, and
- The Seattle Field Office
This approach increases the chances that the withdrawal request will be matched with the immigration file before the application is adjudicated.
What Information Should Be Included in the Withdrawal Request
Although there is no mandatory format, a withdrawal request should include as much identifying information as possible about the immigrant applicant.
Helpful details may include:
- The applicant’s full legal name
- Date of birth
- Alien number (A-number) if available
- Case number, if known
The letter should also clearly state that the sponsor is choosing to withdraw the Affidavit of Support.
Some attorneys also reference the regulation governing withdrawal, which is 8 C.F.R. 213aA.2(f).
Why Tracking and Documentation Matters
When submitting a request to withdraw the Affidavit of Support, it is important to send the request using a method that provides proof of delivery.
For example, the request should be sent using:
- Certified mail, or
- Priority mail with tracking
This is important because USCIS and the Department of State generally do not send confirmation that the withdrawal request has been received or processed.
In many cases, the first indication that the affidavit has been withdrawn occurs when:
- The immigrant applicant receives a request for evidence, or
- The issue is raised during the immigration interview
Because sponsors may not receive direct confirmation, keeping delivery records can be critical.
Final Thoughts
Understanding how to withdraw an Affidavit of Support obligations under Form I-864 comes down to one key rule: the request must be made in writing and received before immigration status is granted.
There is no official form and no required wording for the request. But sponsors do need to be careful about timing, where the case is in the process, and whether the withdrawal request is being sent to the right office before a visa or green card is approved.
Because sponsors generally should not expect a confirmation from USCIS or the Department of State after sending a withdrawal request, it is important to document delivery and approach the process carefully.
If you are a sponsored immigrant dealing with an Affidavit of Support issue and want to better understand your options, contact Sound Immigration to discuss your situation. Please note that Sound Immigration does not consult with or advise Form I-864 sponsors.
