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Can I withdraw affidavit of support?

Clearwater, FL |

I'm now divorced from my foreign national wife, is it possible for me to withdraw the affidavit of support? She lived in a short period of time and left, I suspected soon after she entered marriage to get green card. Is it true that it cannot be withdrawn?

I spoke to someone at ICE they told me that once I divorced I can withdraw the support at USCIS , I cannot confirm this because USCIS has no one answering the phone, I also tried to report my allegations of possible fraud but they redirected me to USCIS, I'm confused.

Attorney Answers 5

  1. It's true.

    Please click the link below for additional information.

    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Know Your Rights!
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: (English) (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

  2. No you can't.

    Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

  3. Yes, it is true ... you can not withdraw your affidavit of support.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

  4. Once your wife's case was approved and she became a permanent resident you cannot withdraw the affidavit of support you filed on your behalf.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.

  5. This is a favorite of DHS counsel statement at an adjustment of status hearing in Immigration Court: "Are you aware that you are liable for support of your foreign national spouse, until she becomes a US citizen, works for 40 quarters, leaves the country and loses LPR or dies?" The answer to your question is that NO you cannot withdraw your affidavit of support.

    The comments provided are for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Information provided as part of this posting, does not create an attorney-client relationship between the attorney and the questioner. The opinions expressed are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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