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How do I withdraw the Form I-864, Affidavit of Support?

The Form I-864, Affidavit of Support imposes serious financial obligations on a  sponsor who signs the form. If you have signed and filed a Form I-864, can you withdraw the form if you change your mind? Under some circumstances, yes.

Withdrawing a Form I-864 is not a simple matter. I strongly encourage you to retain an attorney if you wish to withdraw the Affidavit. As described below, the Form I-864 imposes serious financial obligations. If the Affidavit is not correctly withdrawn then you will be bound by the contract.

What is the Form I-864?

The Form I-864, Affidavit of Support is required in virtually all family-based immigration cases. By signing the Form I-864, a sponsor agrees to provide any income necessary to ensure the immigrant has income at 125% of the Federal Poverty Guidelines. That is roughly $15,000 per year for a household of one. The sponsor also agrees to repay the cost of any “means-tested public benefits” (such as Medicaid) given to the immigrant.

The sponsor’s obligations last until the immigrant

  1. Becomes citizen;
  2. Can be credited w/ 40-quarters of work;
  3. Abandons residency and departs U.S.;
  4. Is deported and gets new sponsor; or
  5. Dies.

Divorce does not end the sponsor’s obligations.

If the primary visa sponsor has inadequate income, an additional “joint sponsor” or “co-sponsor” can be used. The joint sponsor’s responsibilities are the same as those of the primary sponsor.

Under some circumstances, the immigrant can sue her sponsor for financial support. This happens primarily in cases where the immigrant is divorcing her visa sponsoring spouse. Read more about enforcement of the I-864 on the website of our partner law firm here.

Can I withdraw the Form I-864?

What happens if you have already filed the Form I-864, but then change your mind? The Code of Federal Regulations states:

Withdrawal of Form I-864 or Form I-864A. (1) In an immigrant visa case, once the sponsor, substitute sponsor, joint sponsor, household member, or intending immigrant has presented a signed Form I-864 or Form I-864A to a Department of State officer, the sponsor, substitute sponsor, joint sponsor, or household member may disavow his or her agreement to act as sponsor, substitute sponsor, joint sponsor, or household member if he or she does so in writing and submits the document to the Department of State officer before the actual issuance of an immigrant visa to the intending immigrant. Once the intending immigrant has obtained an immigrant visa, a sponsor, substitute sponsor, joint sponsor, or household member cannot disavow his or her agreement to act as a sponsor, joint sponsor, or household member unless the person or entity who filed the visa petition withdraws the visa petition in writing, as specified in 8 CFR 205.1(a)(3)(i)(A)or 8 CFR 205.1(a)(3)(iii)(C), and also notifies the Department of State officer who issued the visa of the withdrawal of the petition.

8 C.F.R. § 213.2(f).

In other words, it is possible to withdraw the Form I-864, but only if the immigrant has not been issued her visa. Once the visa is issued – or residency granted in the case of adjustment of status – it is too late.

How do I withdraw the I-864 in an immigrant visa/consular (DS-260) case?

Immigrant visa cases through U.S. consulates follow a two-step process. Learn more here. After the initial petition (I-130) is approved, the case first goes to the National Visa Center (NVC). At the NVC, the visa applicant files the DS-260 visa application and supporting documents including the Form I-864. The NVC stage is where the Form I-864 enters the picture. Only after the NVC has received all supporting documents is a case then forwarded to the appropriate U.S. consulate abroad.

In an immigrant visa case, the sponsor could need to communicate with the NVC and/or the U.S. consulate if he wishes to withdraw his Form I-864. Until the NVC has received all required documents the U.S. consulate literally will not have the case file. On the other hand, there is no easy way to determine when the case has been sent from the NVC to the consulate. Once the NVC has shipped the case file it could be too late to withdraw the Form I-864 by communicating with only the NVC.

The safest course of action is probably to communicate with both the NVC and the appopriate U.S. consulate. The request to withdraw a Form I-864 must be made in writing. When communicating the the NVC you must include the visa application case number, as assigned by the NVC. This number can be found on the invoices issued by the NVC. (There will be one for the DS-260 and another for the Form I-864 – the invoice IDs will be different, but case number the same). The withdraw letter should list the applicant’s full name and date of birth, along with the NVC case number.

The withdraw letter should also be sent to the appropriate U.S. consulate. This can be somewhat trickier. Each consulate has an “immigrant visa” unit that processes permanent (i.e., “immigrant”) visa applications. But each consulate has different practices for how the immigrant visa unit communicates with applicants.

The written request to withdraw the Form I-864 should be sent in hard copy to the appropriate consulate – contact information can be found here. The letter should contain all the information included in the NVC letter. The letter should be sent with delivery confirmation. For guidelines on submitting immigrant visa-related documents to consulates, see the drop-down list on this Department of State page.

Many – but not all – IV units are accessible by email. Some – such as the consulate in London – are more easily reached by phone. If an email address for the consulate’s IV unit is available, a copy of the withdraw letter should be sent there as well.

How do I withdraw the Form I-864 in an adjustment of status (I-485) case?

Similar to immigrant visa cases, adjustment applications are first reviewed by a central USCIS office before they are forwarded to a local office for interview. If a sponsor wishes to withdraw the Form I-864 in an adjustment case, it is safest to submit that request to both the central office and local (“field”) office.

As in NVC/immigrant visa cases, an adjustment application is assigned a case number once filed. Referred to as the “receipt number” this number is assigned at the time the I-485 is filed. Note that the I-130, I-765, I-131 and I-485 forms all receive separate receipt numbers. (Often, all of these forms are filed simultaneously in adjustment cases). The withdraw letter should list both the I-130 and I-485 receipt numbers on it.

The USCIS Adjudicator’s Field Manual explains it this way:

A person who has signed a Form I-864, I-864EZ or I-864A may withdraw the Form. If the person does so, USCIS will adjudicate the application for adjustment of status as if the withdrawn Form I-864, I-864A or I864EZ had never been filed. In an adjustment of status case, a withdrawal of the Form I-864, I-864EZ or I864A is not effective unless it is in writing and USCIS actually receives the withdrawal before the final decision on the adjustment application

Adjudicator’s Field Manual § 20.5(h) (emphasis added). (USCIS is currently in the process of replacing the Adjudicator’s Field Manual with its new Policy Manual, but the Policy Manual provisions regarding withdrawing the I-864 have not yet been published).

The first withdrawal letter should be sent to the same address where the I-485 was filed. Those addresses can be found here.

The second withdrawal letter should be sent to the local USCIS office with jurisdiction over the case. A complete list of USCIS field offices can be found here.

Conclusion.

Again, I strongly recommend that you consult an attorney if you are trying to withdraw a Form I-864. The financial stakes are potentially very high and it would be easy to make a mistake in seeking to withdraw the Affidavit.

3.2/5 - (8 votes)

Greg McLawsen

Greg is recognized as the leading national authority on enforcement of the Form I-864, Affidavit of Support. Greg represents low-income green card holders in lawsuits to recover support from their sponsors. Practicing family-based immigration law, Greg also focuses on helping married and engaged couples with U.S. immigration.

This Post Has 89 Comments

  1. I am the petitioner for my wife on a K2 visa. At the time I submitted the I-486 I did not meet the 125% minimum poverty threshold, so my mother signed as the joint-sponsor on the Affidavit of Support.

    Our green card interview is now 3 weeks away and I have had a job for 1.5 years that qualifies me to be the full sponsor. At the interview can I bring a new I-864 to make myself the only sponsor and relieve my mother of the responsibility?

    If yes, does my mother need to provide me with a withdrawal letter to take to the interview?

    Will doing this create major delays in receiving the green card after the green card interview?

    Thank you,
    Robert

    1. Hi, Robert:
      She can withdraw the I-864 by making that request in writing at the interview. You don’t need a new 864, just updated tax returns and I would recommend 6 months of pays tubs as well. This shouldn’t cause additional delays.
      Best,
      Greg

  2. Hi, my us spouse removed support me , i got green card based on waiver. In this case can be effect on alimony in divorce case?
    My us spouse left me and never support on financial almost 2 years.

  3. Hi, if a termination letter has been sent by the nvc, and the letter says the petition has been cancelled and paper work has been destroyed. Will this mean that the affidavit of support was withdrawn?

    1. Hi, Jess:
      The federal regulations require that it get to the officer adjudicating the case. So the withdrawal would be ineffective if it doesn’t catch up with the file. For example, if NVC has already transferred the case to Post and an officer grants the visa without seeing your letter, the withdrawal would not count.
      Best,
      Greg

      1. It’s not a letter I sent. The NVC sent us a termination letter about the case. Since the case was terminated by the NVC, does that withdraw the afffiavit of support? Or will I still need to send a letter to withdraw the affidavit of support? The visa did not get granted.

  4. I’m petitioning my husband, his sister was our joint sponsor because I don’t meet the requirements. She was laid off and is currently taking unemployment before we could send in the paperwork, her name is of course still on the Ceac website as our joint sponsor. Does she have to withdraw her sponsorship so the other persons paperwork that we have in mind can be accepted?

    1. Hi, Amy:
      In truth, the Department of State may or may not even catch that if her income has now dipped below 125% of the poverty line. If her I-864 was properly documented when filed, the thing may suffice. You do not need to withdraw it, *however* you would be well advised to locate another joint sponsor if possible, and be prepared to substitute the second I-864 if asked.
      Greg McLawsen

    2. I never heard back from USCIS after repeatedly sending my notice to remove my financial responsibility. I gave up trying to contact them. But I was scammed by an underground Israeli organization that has been victimizing hundreds of innocent Americans for years. They knew exactly what to do to keep their scam under the radar so that it appeared to be a legitimate case of unreconcilable differences. The scam is basically this, after getting married into a seemingly love based relationship, the dishonest partner reveals some unforeseen, surprise that demands that they physically separate from the genuine partner. In the following months, distance will grow as fast as the rushed wedding ceremony took place. Naturally, there will be arguments, confusion, and mentions of divorce. To make a long story short, what the crooked spouse is aiming for is a divorce because of unforeseen changes where no one is at fault, that is what they want the other person to believe anyway. The reason for this is that if a divorce takes place on the grounds of unreconcilable differences, no one is at fault because that’s what the term means, and so, no one should be penalized. One of the penalties defined in this loophole is removing the financial responsibility of the native spouse because of changes in the relationship that could not be reconciled. Another penalty dishonest person would be protected by after a no-fault divorce would be losing their ability to become a citizen. So the motive is to fool the good person into thinking that their spouse was mistaken and did not really love them as they thought they did therefore, the best resolution would be to dissolve the marriage in order to allow each other to move on in life. At first it sounds perfectly normal and very believable but, the fine print says, “Even though we got divorced, I am still financially responsible for you for the next 10 years.” Ultimately, it all ends in a big celebration of deceitful charades when evil is awarded citizenship and the ignorant are hunted by debt and many times spend the rest of their life staring back with regret for something that our government does not see as benifit of the doubt. It only takes one person to complete a divorce and there is no solid assurance that the other party will lawfully be aware of the divorce ever happening. There is, however, a law that sets a time limit for committing a notice of removal of financial responsibility so, as a person who was strategically confused makes many attempts to save the relationship, be patient, and burn time on a torturous emotional roller coaster, the evil party is boasting how everything is going as planned. What is the government saying about all this? They say you should have known; you married them didn’t you?
      Because of this loophole, there are hundreds of thousands of foreigners in the United States who simply hate Americans and are taking advantage of us in such a horrible way because they have found this weakness that, oddly enough, has not been fortified… ever.

  5. Can IR1 applicant write a letter to withdraw a joint sponsor to discontinue AOS and use a new joint sponsor before issuing of visa.

    Regards,
    Ade

  6. Hi. My mother in law left the house over an argument and went to live at a friends house that she knew before coming to US. She’s been here over 5 months. I co sponsored the affidavit of support because my wife did not make enough. My wife was the one that petitioned her. Can I still withdraw? Im concerned my mother in law can sue me because “I’m not supporting her”. Is this true?

    1. The Form I-864 can be withdrawn only before status is granted to the sponsored immigrant. And yes, the I-864 beneficiary has a private right of action (the ability to sue) her sponsor for financial support.
      Best,
      Greg

  7. Hello, what can I do to withdraw the affidavit from a person who entered the border but does not yet have a court date (is on bail), but has already presented his asylum package? I sincerely await your response.

  8. Hi, I’m looking to dissolve my sponsorship for my relative. Presently, My brother is a here in the US and resides in my home. However, at the time I signed the affidavit I was working and making a good income. Presently, I was laid off and just getting by with my expenses which I can not longer afford to support him. So far, we have helped him find a job but he does not have the education Sufficient enough to manage his finances and sustain the Jobs for him to get medical insurance. He is bipolar and requires psychological support and medication. Also, based on the new laws he can no longer depend on the government for his medication. Since i can no longer financially support his living expenses and he is wanting to go back to his country is there anyway that I can have the sponsorship revoked? If so, how can I go about it? Do I just call immigration?

  9. My case status indicate that I am to be scheduled for an interview and my mother in law is my joint sponsor, she’s emotionally abusive to me and at one point she spit on me, I don’t want her money all I want is to move out of her house, incase I move out and she chooses to withdraw, can I get another joint sponsor for the interview……

    1. Yes, you should change your joint sponsor at the interview (if you have a new, properly executed I-864). But this would be a very hazardous move if you don’t already have the new signed I-864.

    1. Hi, Lolo ~

      The intending immigrant does not normally receive a notification when the I-864 is withdrawn. But you would learn of this later because – prior to or at the interview – USCIS will tell you that your sponsorship is inadequate and that you need another sponsor.

      Best, Greg

  10. If the sponsor withdraws the affidavit of support does the application get denied or you get a request for evidence to submit a new one? Also can you submit a new affidavit of support before the existing sponsor sends a withdrawal letter?
    Thank you

  11. My husband co-sponsored our son-in-law from Australia. They have been married 3 1/2 years and are now divorcing. He has a conditional green card. They went to the 2 year interview…he said his green card is still conditional. Do we need to file for dissolution of support? He has worked maybe 18 months of the total time he has lived here. If so, who do we send the withdrawal request to? USA or Australia?

    1. Once the foreign national gains LPR status based on an I-864 that Affidavit can no longer be withdrawn under any circumstances. It remains in effect until one of the 5 terminating conditions described in the I-864 and there are no exceptions that permit termination before then.

  12. My ex-wife left me.. she a conditional status with a resident that expired on July 2018.. I never went to the interview and I believe she didn’t. She came with her visa I didn’t request it for her. What is the best way to withdraw her because I don’t know where she is and I would like to have everything clear. I believe she still in the US. Thank you

    1. Jon, if you weren’t involved in getting your wife’s visa (“didn’t request it for her”) then you wouldn’t have executed a Form I-864. But once a wife obtains CR-1 status based on a husband’s I-130, and enters the US, it is too late to withdraw the I-864. The I-864 can’t be withdrawn at the I-751 stage.

      1. I have a question regarding the I-751 stage. If the foreign spouse left before the first interview and obtained a no-fault divorce in some other state, by falsifying the proof of service document to prevent the citizen spouse from learning of their true intentions, is it possible for the foreign spouse to succeed in obtaining conditional residence, and later citizenship, without the citizen spouse having any knowledge of what is taking place, until it is too late to rescind the I-130?
        The basis of my question is, can the foreign spouse circumvent the requirement for the citizen spouse to be present at the first interview, given there was no instance of abuse or infidelity?
        Ultimately, I am assuming, there can be no AOS if there has never been a first interview. To the best of my knowledge, the paperwork (signed) was never sent in.
        Also, after sending my letter to revoke my financial support, I did not receive a confirmation of any sort. How would I find out what the status is of the marriage that happened early 2017? I do, however, know that she is working in another state under a different name. I discovered where she was hiding when I looked up her boss’s name on the BBB. I recognized her nickname when reading about how this retail company received an “F” rating for not honoring the their refund policy, many times for purchases in excess of $25,000. It is sad, and also very unassuring, to realize how the money power of evil organizations, can be used to threaten the lives of good people. I was a common barber and the boss just another client who, one day, showed up with a beautiful, loving, full of s*** friend. What can I do?

        1. Please see in-line responses below.

          I have a question regarding the I-751 stage. If the foreign spouse left before the first interview and obtained a no-fault divorce in some other state, by falsifying the proof of service document to prevent the citizen spouse from learning of their true intentions, is it possible for the foreign spouse to succeed in obtaining conditional residence, and later citizenship, without the citizen spouse having any knowledge of what is taking place, until it is too late to rescind the I-130? [Response: Yes. The I-130 petitioner is not entitled to notice of a subsequent I-751 or N-400 approval]
          The basis of my question is, can the foreign spouse circumvent the requirement for the citizen spouse to be present at the first interview, given there was no instance of abuse or infidelity? [Response: USCIS can grant an I-130/I-485 if it is approvable without the petitioner being present. I’ve seen this happen.]
          Ultimately, I am assuming, there can be no AOS if there has never been a first interview. To the best of my knowledge, the paperwork (signed) was never sent in. [Response: There is no legal requirement for an interview – that is within the discretion of USCIS]
          Also, after sending my letter to revoke my financial support, I did not receive a confirmation of any sort. How would I find out what the status is of the marriage that happened early 2017? I do, however, know that she is working in another state under a different name. I discovered where she was hiding when I looked up her boss’s name on the BBB. I recognized her nickname when reading about how this retail company received an “F” rating for not honoring the their refund policy, many times for purchases in excess of $25,000. It is sad, and also very unassuring, to realize how the money power of evil organizations, can be used to threaten the lives of good people. I was a common barber and the boss just another client who, one day, showed up with a beautiful, loving, full of s*** friend. What can I do? [Response: One first step is to file a freedom of information act request to confirm that your withdrawal letter was received.]

  13. My husband’s visa is still in process, our good friend and roommate was going to be his sponsor since I didn’t make enough last year. We submitted the i-130 and i-134(Affidavit of Support) with her as his sponsor. We only just found out all the liability and 10 years commitment stuff, and now she doesn’t want to be his sponsor/Affidavit anymore. I however got a better job this year, and can now be his sponsor (with a letter from my employer and recent pay stubs). We haven’t sent the i-864 in yet, we actually sent a 2nd copy of the i-134 along with our i-485, didn’t know their was a 2nd affidavit of support form (i-864).

    My question is: how do we rescind the i-134 that is already in process and re-do it with my information instead of our roommate’s? so that when we send in the i-864, the sponsor information is consistent. Also, does it matter that the sponsor person (our roommate) on the wrong form, the copy of i-134 sent with i-485, will be different from the sponsor person (me) on the correct form we send in, i-864?

    1. The I-134 isn’t contractually binding. But your friend could withdraw it as described in this post.

      To file an updated I-864 you just redo it and file it with NVC or the consulate, depending on where the case file is located.

  14. If an immigrant with LPR were to get medicaid for a year and also works during that very same year, does that mean those 4 work credits gained dont count as qualifiying credits(towards the total 40 needed to terminate the i-864 contract?) …because they received medicaid?

    1. Hey, Andy. I’m not aware of any provision in the Social Security Administration’s POMs rules that would support that outcome. Earning income under the POMs isn’t tied to receipt – or not – of public benefits.

      1. “(3) Termination of period of enforceability upon completion of required period of employment, etc.-

        (A) In general.-An affidavit of support is not enforceable after such time as the alien (i) has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act or can be credited with such qualifying quarters as provided under subparagraph (B), and (ii) in the case of any such qualifying quarter creditable for any period beginning after December 31, 1996, did not receive any Federal means-tested public benefit (as provided under section 403 of the Personal Responsibi lity and Work Opportunity Reconciliation Act of 1996) during any such period.”
        – (INA) section 213A(a)(3)(B)

        I believe that this section of the (INA) section 213A(a)(3)(B) states that an alien cannot gain qualifying work credits if they have received a federal means tested benefit (medicaid)… please correct me if im wrong?

  15. I am a Joint sponcor to my brother in law, my sister doesnt earn enough . Soon after my brother in law came to USA, they both decided not to live together… Now in that mess i want to get myself out of this 1-864 as joint sponcor.

    Brother in law should be recieving the green card very soon, can i withdraw myself as a joint sponcor?

    1. Hi, Jason. We can’t advise you about the wisdom of withdrawing the form. But as described in this post, once the individual has obtained resident status the I-864 can no longer be rescinded.

  16. Must a joint sponsor reference a receipt number in their request for withdrawal? This is not something they would ordinarily have received a copy of.

  17. I am co sponsor to my brother in law, my sister does not make enough income…
    Soon after my brother in law came to usa they both decided to separate and cannot live more. His green card is also issued, can I withdraw from co sponsor of i-864?

  18. What has to happen for this reason to apply? When it is considered that this event occured? Abandons residency and departs U.S.

  19. I was brought on a Visa by my mother and brother (my brother was a co-sponser because my mother does not make enough) and my two children, one adult and one minor were also brought. Coming here, my brother asked me to pay rent in his home and eventually has asked me to leave after I went back to Turkey for a vacation. My mother has moved back to Turkey and does not live in California anymore. She is retired and lives on her social security in Turkey. The rent here is extremely expensive and I am a single mother supporting my children with a minimum wage job. I don’t know where to go now or what to do. What are my legal options? And can he require me to pay rent or force me to leave?

  20. Waiting for interview for adjustment of status for green card based on marriage. Have an affidavit support however along the process my husband got incarcerated. I ended up opening a public assistance case for the children, will that affect me for the interview. Can I still keep the assistance for the children or do I have to close it prior to the interview?

  21. I have my interview for adjustment of status to get my green here in the U.S in less than a month , however my affidavit support is currently unemployed and cannot provide any proof of income. Can I bring a new affidavit suppport form filled out from a different sponsor to the interview ?

  22. My friend is an ex-Vietnam vet. His wife left him for an Australian man. Long story short. She took the kids with her and told my friend if he would sponsor her husband she would move back to the US and my friend could see his kids. My friend did so. There is quite an age gap between my friend and his ex-wife. The kids are all on their own now, but the ex wife is threatening my friend (who is now elderly) that if he doesn’t continue supporting her and her husband they would take him to court. Neither one of them work and my friend has been secretly sending them money. However, during this time they did move back to Australia for 4 years and are living back in the US now. Is he still obligated?

    1. Hi, Maureen. This doesn’t quite make sense. A U.S. citizen can’t petition for the spouse of his ex-wife. Now, he might have been a joint financial sponsor. In that case he is potentially still obligated. Check out the copious material on the website of our sister law firm, http://www.i-864.net.

      1. Would you summarize the protocol for submitting a statement to withdraw the I-130, as defined by USCIS?
        Also, after following the proper instructions, would the citizen spouse receive a “reciept”, of any kind, verifying there was proper notification? What should one do if, after submitting a withdrawal statement, no confirmation was made?

        1. Hi, Anthony:
          This post has the best guidance I’m able to give. USCIS issues confirmations for withdrawal of I-130 petitions, but I have not seen such a confirmation for withdrawal of the I-864.
          Best,
          Greg

  23. We were a joint sponsor for a gal who moved back to her home over seas for about a year, but now wants to return to the u.s. Is the affidavit of support still in effect when she comes back?

    1. Hi, Libby. As long as she has maintained status as a lawful permanent resident based on the I-864 – and as long as one of the 5 terminating conditions hasn’t been met – then it would remain enforceable.

  24. I was reading that the Sponsor only has to support the immigrant up to 125% of the Federal Government poverty level or $15,000. However, the immigrant is required to work per his/her skills and the sponsor is only responsible to meet the shortfall. That being said $15,000 is only minimum wage so it seems unlikely, unless the immigrant is incompetent or can not speak English at all, that they will require additional support.

    1. Remember that the sponsorship level depends on the immigrant’s household size. Also, the prevailing view in federal courts is that the “duty to mitigate” does not apply in these cases. So this proposition – “the immigrant is required to work per his/her skills and the sponsor is only responsible to meet the shortfall” – is actually inaccurate as a matter of law most places.

      1. Yes I am talking about a HH of 1. Her son hated the US and moved back to Mexico and is almost 18. She has still not gotten her Green Card and I was wondering if I can withdraw sponsorship at this point. We will have an interview soon but I obviously will not bet attending. I also wanted to know if she can get the Green card if I do not attend the interview. Should I write letters now to the Local and Federal Offices request my desire to withdraw sponsorship?

        1. As described in this article, you can withdraw the affidavit up until residency is granted. You should immediately communicate with the Field Office if you are wanting to withdraw.

          1. I wanted to thank you for your advice. Per your instructions, I went ahead on May 19 and sent a letter to the local and federal office. A week later I learned that my wife has an interview on June 19. I got a call last week from the Federal USCIS office saying that they received my letter and they will notify the local office, and my sponsorship will be withdrawn, and I will be absolved of any responsibility. Thanks again.

      2. I was referring to this article I read about an Appellate Court decision.

        The Naik court held that Form I-846EZ is a legally enforceable contract “against the sponsor by the sponsored alien” and that an action to enforce the contract can be brought “against the sponsor in any appropriate court.” Moreover, the Appellate Division held that the sponsor is not automatically required to support the sponsored immigrant at 125% of the federal poverty guidelines for the appropriate family unit size. Rather, the sponsor’s obligation is to pay any deficiency needed to reach the 125% level once the sponsored immigrant’s own income, assets and other sources of support are accounted for.

        According to this decision, a party does not have to support their ex-spouse beyond 125% of the federal poverty guidelines for their appropriate family size and must only pay the deficiency in order to meet the minimum floor. Id. at 398. The sponsored immigrant is expected to engage in gainful employment, commensurate with his or her education, skills training and ability to work in accordance with the common law duty to mitigate damages. Id. When the sponsor and sponsored immigrant are married, alimony, child support, and equitable distribution of income-producing assets must be included in the sponsored immigrant’s available support. Id. Thus, the Affidavit of Support is not enforceable if the sponsored immigrant’s income meets or exceeds the 125% poverty level.

  25. Feeling sooo stupid I have been Married to my husband 7 years now he overstayed the first 2 years of our marriage and went back home to Jamaica while his papers were being processed, I would go see him 2 times a year which it took immigration almost 4 years to finish all the paperwork we kind of grew apart.. he is here now 8 month as they issues him a green card since we were married so long…. well he has only been in the US legally 8 months and we are very miserable now I found emails of him talking to other women and some telling his friends that he really did not want to marry me because I can not have his kids, I am so depressed and don’t know what to do.

    1. Marcy, sorry to hear of the situation. Once a spouse has immigrated to the U.S. on a marriage-based visa (CR-1, IR-1), the underlying I-864 can no longer be withdrawn. You should consult with an attorney in your jurisdiction if you are concerned about a potential financial lawsuit by your spouse.

  26. I signed an affidavit of support for my new husband. He arrived to the united states and received a temporary permanent resident card. We are now getting a divorce. He has been in the states for a year next month. Is it to late to withdraw my affidavit of support?

      1. Just to make it clear. I-864 is the conditional visa. So once they have the conditional visa you can’t revoked your support to them?

        1. The I-864 isn’t a visa at all…

          Do you mean that the I-864 was signed for someone who is now a C-LPR (CR-1)? If so, correct – the I-864 cannot be withdrawn once someone acquires status based on the I-864. L-LPR status *is* status as a lawful permanent resident.

  27. I guess mine is already too late. I petitioned my narcissistic father due to his manipulation all my life as a child. He’s finally here in the US and now threatening me that if I do not support him, he will sue me and will obligate me to support his adult self. I have a family of my own and I simply cannot understand why an adult person can burden another adult person because he just can? I would like to withdraw my affidavit of support. I am the child (US citizen), I petitioned my father. I shouldn’t have.

      1. I submitted green card application for my wife after we got married as required by K1 visa to get married within 90 days of arrival in US. We haven’t received interview date, and she is still waiting for working permit.

        I want to withdraw the application when I file for divorce, and my question is will the withdrawal of green card application cancel the I-864 I submitted for her during fiancee visa and on this green card application?

        1. From what I know, as long as green card hasn’t been issued yet, you can still have the I-864 to be withdrawn. It is not too late yet for you.

  28. Hello,
    I sent a certified letter to USCIS to cancel my affidavit of support. The case for his conditional green card is still pending. During the marriage i feel neglected. he sleeps in the living room on an air mattress. He has had several jobs since he received his work permit yet claims he owes it all out so he can’t help with the bills but can afford to purchase a car. he is mentally abusive in my mind. he constantly blames me for everything. he gives excuses that he doesn’t want to have sex with me because he is unhappy he doesn’t have a perm job. Now he is telling me he has proof that i cheated on him which i haven’t. one minute he says he will spoil me and the next minute he tells me i have to wait until he gets a perm job for him to help with the bills. after 16 months of marriage i have had my fill up it. can’t afford the rent to the location we are currently in alone…have major credit card debt because of it…have applied for another apartment but because it’s an hour away from where we currently stay he has on several occasions told me to let one of his cousins take over the rent payment so he can stay there and find a job. now that i have gotten the apartment and have told him i have sent in the letter to withdraw all of a sudden he says he wants to move with me.

    My question is, because either way i’m leaving him, can’t prove he married me for a green card, he was a visa overstay when I moved from NC to MD and meet him. Quick marriage after just 3 months. my 3rd marriage to a stranger at that. Anyway, the USCIS office is extremely slow. They still have our status as “Request for Additional Evidence Mailed” and it was delivered 3 months ago. What if they grant him his conditional card before process my request to withdraw the affidavit of support? Will i still be liable for him or since I tracked the letter and had it notarized can the approval – if he gets it- be overturned? Thanks.

      1. I need a representation against my sponsor for filing for withdrawal of support. I have until the end of January? Can I stop the withdrawal within this time if I receive legal representation from your organization? And how do I get in contact?

        1. A Form I-864 beneficiary has no legal ability to prevent a sponsor from withdrawing the Form I-864. If the sponsor is within the windows where withdrawal is still allowed, it is that person’s choice whether or not to withdraw.

    1. Please I want to also cancel my sponsorship of my husband did it work for you please let me know. I’m having the same problem

      1. Maria FIND OUT how to cancel the I 864 before it’s too late. My husband entered an arranged marriage with a woman from Fiji. Upon her arrival to the USA he realized that she was very selfish and constantly demanded that he buy her new things, she argued with him a lot, she called him fat, she complimented the looks of his friends, she refused to do any house work etc etc etc. He finally grew tired of her and told her ” I don’t want to be with you anymore and I want a divorce” she flew into a rage and accused him of domestic violence. My husband was released from jail the same day and filed for divorce. She immediately turned around and sued him for FINANCIAL SUPPORT FOR TEN YEARS based on the I 864 Affidavit of support that he signed. She lost the case in family court but she appealed and won her case in San Francisco appeals court. My husband appealed and took her to Supreme Court but she won the case in Supreme Court. The Supreme Court told my husband that she DOES NOT HAVE TO WORK IF SHE DOESNT WANT TO and that she has a right to collect 1,256 a month every month based on the affidavit I 864 that he signed. So now my husband owes her thousands of dollars because it has been 4 years since they divorced AND SHE IS STILL SUING HIM for more money. And there are over 20 I 864 affidavit of support cases AND THE IMMIGRANT ALWAYS WINS!!! Here is a link to his case. Read it. http://www.courts.ca.gov/opinions/archive/A145181.PDF

        1. Wow Crystal, that is one hell of a lazy woman to put up with. Sadly, this I-864 is made to protect the interest of the US, so if someone like her does not want to work because she does not want to, the USA doesn’t want that burden but to be put on whoever petitioned her. Sadly, but I believe this tired affidavit needs to change. It’s shameful. If someone does not want to work, they need to be deported. Your husband can withdraw his citizenship, if hes only naturalized, that’s the only way I can think of to stop her suing him, if he’s no longer a citizen of USA.

    2. Please let me know if you had any luck getting yours removed before his paperwork went through! I am in the same boat as you, I desperately need to know how to remove mine too. I have endured enough too. I would be very grateful! Thank you!!

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