Can I withdraw affidavit of support?

Asked over 1 year ago - 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 Is it true that it cannot be withdrawn?

Additional information

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. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree

    Answered . 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... more
  2. Samuel Patrick Ouya Maina

    Contributor Level 19


    Lawyers agree

    Answered . No you can't.

    Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street,... more
  3. Jeffrey Adam Devore

    Contributor Level 20


    Lawyers agree

    Answered . 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... more
  4. F. J. Capriotti III

    Contributor Level 20


    Lawyers agree

    Answered . 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... more
  5. Igor A. Voloshen

    Contributor Level 8


    Lawyers agree

    Answered . 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... more

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