Successful withdrawal of Affidavit of Support

[Muddy]

DIDNT KNOW YOU CAN DO THIS:

Successful withdrawal of Affidavit of Support 
tito

 Report Member   Oct 29 2007, 11:34 AM Post #1 


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 Things didn't work out, and it's a real shame, but sometimes pride...intense and foolish...has consequences.

Under the regulations, I withdrew the affidavit of support, and the adjustment of status was denied (no green card). I believe that deportation proceedings are now underway. In defense, the immigrant (from Cuba) has dispensation and can try to get her green card another way, but it's no longer my problem.

Anyway...moral of the story is, you CAN withdraw the affidavit of support any time until the green card is issued. Again...it's a true shame after all that was done to make this relationship work, and it's just time to move on...heal the wounds... 

[AnastassiaAsh]

Well, this guy, as i understand it, withdrew it while being in a AOS process, which is AFTER getting legally married. So did he divorce her too? Is she still his wife? Even with out a green card....How can they deport a wife of a US citizen?? Hmmm

[steviej]

Well, this guy, as i understand it, withdrew it while being in a AOS process, which is AFTER getting legally married. So did he divorce her too? Is she still his wife? Even with out a green card....How can they deport a wife of a US citizen?? Hmmm

Very interesting question, Anastassia...  Any lawyers here ??

[Muckraker]

[Federal Register: June 21, 2006 (Volume 71, Number 119)]
[Rules and Regulations]               
[Page 35731-35757]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jn06-27]                         
[[Page 35731]]
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Part II
Department of Homeland Security
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U.S. Citizenship and Immigration Services
8 CFR Parts 204, 205, 213a and 299
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Department of Justice
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Executive Office for Immigration Review
8 CFR Parts 1205 and 1240
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Affidavits of Support on Behalf of Immigrants; Final Rule
[[Page 35732]]


<Sections omitted...>


(f) 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.
    (2) In an adjustment of status 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 an immigration officer
or immigration judge, 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 only if he or
she does so in writing and submits the document to the immigration
officer or immigration judge before the decision on the adjustment
application.