Can an I-864 Affidavit of Support Be Withdrawn? Termination Rules and Timing for Withdrawal

A reader left a comment asking: "I sponsored my parents to come to the U.S., but since arriving they have been hostile toward me in every way. Can I cancel the sponsorship?"

Previously, another reader asked: "I sponsored my closest relative for family-based immigration and have been the financial sponsor for more than 8 years. But I live in Georgia and she lives in New York. From the 2nd year after she came to the United States until now, she has been secretly applying for benefits and government health insurance without telling me. I am now trying to persuade her to stop applying for these government benefits and government health insurance, because doing so will make me liable to repay the government benefits she has already used. But she just won't listen."

The reader also said: "...As the financial sponsor, I must pay for the health insurance and government benefits she uses. Is there really no way for me to get out of this situation? Can't I hire a lawyer to sue her? Doesn't the government have any laws or regulations to protect sponsors who are stuck with 'deadbeat' sponsored immigrants? Should our hard-earned money just go to repaying government benefit debts for this shameless sponsored person for nothing? What are we supposed to do about our own lives? This is so unfair to sponsors like us."

The Affidavit of Support (Form I-864) is a legally binding contract, equivalent to a promise to the U.S. government that the person will not become a burden on the American people after immigrating, and that if the person uses government benefits after immigrating, you will repay them. The sponsorship obligation lasts until the sponsored person:

• becomes a U.S. citizen, or

• earns 40 quarters of work credits in the U.S. (approximately 10 years of work), or

• dies, or

• abandons the green card and leaves the United States.

Note: Divorce does not terminate the sponsorship obligation. If you sponsored your spouse financially and applied for a green card, but the relationship later broke down and you divorced, you remain responsible for the government benefits that the sponsored person applies for, as long as the sponsored person has not met any of the four conditions mentioned above.

This sponsorship is a legally binding contract and cannot be changed unilaterally once effective. If the sponsored person's immigration application has not yet been approved, the contract is not yet effective, and you may immediately notify the U.S. government agency processing the application in writing to request withdrawal of the sponsorship—if adjusting status within the United States, contact USCIS; if processed abroad by a consulate, contact the National Visa Center and/or the appropriate embassy or consulate.

If you contact them too late and the immigrant visa or green card has already been approved, the contract has taken effect and generally cannot be revoked—unless, in the case of an immigrant visa application abroad, the person who applied for the visa on the sponsored person's behalf can successfully revoke it. If you face such a dilemma, it is advisable to consult an immigration attorney in detail.

8 C.F.R. § 213a.2(f) provides clear rules on this:

(f) Withdrawal of affidavit of support and any required attachments. (1) In an immigrant visa case, once the sponsor, substitute sponsor, joint sponsor, household member, or intending immigrant has presented a signed affidavit of support and any required attachments 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 affidavit of support and any required attachments 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.

[citation: 8 CFR § 213a.2(f) – Withdrawal of affidavit of support and any required attachments. (https://www.law.cornell.edu/cfr/text/8/213a.2)]

[citation: Greg McLawsen. How do I withdraw the Form I-864, Affidavit of Support? (https://www.soundimmigration.com/withdraw-form-864-affidavit-support/)]

[citation: Law Offices of Osas Lyamu, LLC. Withdrawal Of An Affidavit Of Support. (https://www.osasimmigration.com/ocala-immigration-withdrawal-of-an-affidavit-of-support/)]