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I signed an I-864, with the expectation of continuing a successful career. The economic downturn caused my income to drop

San Francisco, CA |

I became ill and am no longer able to fulfill the I-864 requirements. The marriage is ending, we remain below poverty level. I requested a withdrawal form and was told none existed. I cannot get my soon to be ex to find another sponsor. The ex is in deportation hearings. Can the ex go after my elderly parents, who did not sign the form? What can I do?

Attorney Answers 4

Posted

It is unclear from your question whether the adjustment of status has been approved. If it has not been approved yet, send notarized letters of withdrawal to the USCIS, and to the EOIR. THere is no form, you just write a letter. If the adjustment of status has been approved, then my understanding is that you cannot withdraw it (too late). You can also make an Infopass appointment, and file the letter at the appointment.

As for the ex going after your parents, that is not how the I-864 works. Rather, it is a requirement that you reimburse the federal government for benefits which are paid to the person you are sponsoring. Your parents have no obligation (unless they submitted an I-864).

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Robert Kennedy O'Reilly

Robert Kennedy O'Reilly

Posted

I thought I would the federal regulation. 8 C.F.R. § 213a(f)(2): "(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. " You might want to note this provision in your letter. Google it to check it.

Posted

If your ex is deported, you aren't responsible...

This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.

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Posted

Should your ex get deported, you will no longer be held responsible under the affidavit of support.

Warning: Unless you have a signed engagement letter with me, you should not consider information contained herein as legal advice and you should check with your own counsel before relying on this message. I cannot provide reliable legal information without a full consultation. The information contained herein is thus not intended to create an attorney client relationship.

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Posted

Not sure what you mean by your ex going after your elderly parents. The I-864 is a contract between you and the government that you will continue to support your spouse (even after divorce) for 10 years or when spouse becomes a US citizen (whichever occurs first) or else the feds can recover from you should your spouse becomes a public charge. But, certain state law regarding family issues, such as divorce and dividing of assets, interpret the existence of the I-864 form differently regarding spousal obligations. If your parents were joint sponsors they have the same obligations to the government.

If your spouse is deported then you and your parents if they were co-sponsors won't be obligated under the I-864.

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