There is no official USCIS form for cancellation of application. Today's Posts; Forum; Immigration - USA; Adjustment of Status (I-485) If this is your first visit, be sure to check out the FAQ by clicking the link above. Within 2 weeks she received a letter stating that the I-864 was successfully withdrawn and the petition canceled. Please help. It was just turned on 2 weeks ago and most likely not approved at all. child support). I am waiting for that to be updated so that I can file EAD again. And if fraud is involved, USCIS will want to know when you found out about the fraud and whether you were involved in it. Please be sure this is what you want to do as there is no going back if you do change your mind. It will automatically cause the petition to be canceled because without it, the beneficiary is at risk of becoming a public charge. Since marriage (2015), can I use 5 years (20 credits) of my work towards her and once she fulfill 20 credits, be free of obligations? The NVC has accepted AOS and all other documents and is the process of scheduling the visa interview. Also, since COS application was filed by employer as a courtesy, they have put my wife name but the address they have given is their’s. If, for example, the petition has been approved and the immigrant is awaiting a visa interview at an overseas consulate, the most likely office to be handling the case is the National Visa Center. To do so, write a letter to the U.S. Withdraw Visa Petition Before USCIS Approval. Thanks. How do you know if you should send a withdrawal request for USCIS or DOS? You shouldn't have any problems if you decide to file another relative petition in the future. What is your plan if for some reason they approved COS before processing your withdrawal letter ? Your employer (and its attorney) just file H4 for your dependents as a courtesy. Think twice before signing that document as it as legal ramifications. If, however, her husband’s green card was approved she would not be able to withdraw her support. If the case is not yet finally approved you can send a letter either to the USCIS office where you filed the petition or to the consulate (if you already have an initial approval) stating that you want to withdraw the petition. My daughter has now been diagnosed with cancer and is no longer working. what is the address? Hi @ankitgarg16, But what if either the petitioner or the beneficiary has a change of mind or the employer no longer needs the employee? Beneficiary can use the I-864 in divorce court for alimony based on the I-864. Thanks for prompt response. (This is sometimes, but not entirely accurately, referred to as being sponsored.). Julio filed form I-485 for his new wife Liz but he didn’t make enough money. Hello Ayan, A friend’s marriage lasted less than 1 year. So based on the language used by DOS, you can withdraw the I-864 as long as you do so in writing and before the visa or green card is approved. Withdrawing a Petition Before USCIS Has Approved It. My husband and i I-864 as a joint sponsor. Did they give some receipt number for tracking the withdrawal? The answer depends on how far along you and your relative are in the immigration process, as detailed below. Paula submitted the request to withdraw letter to USCIS filing center that she initially sent the I-485 to. My son and his immigrant wife are thinking about getting a divorce. Sample cover letter I 751 joint petition to remove. Let’s see. What the Department of State CFR manual says about I-864 withdrawal: “…the sponsor may disavow his or her agreement to act as sponsor 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. Hi: I signed I-864A for my mother who was the sponsor for her daughter as my mother’s income was too low. You need to know the USCIS office that’s currently handling the petition/ Application. To understand whether and how the petitioner or beneficiary can back out, you first have to understand a bit about the visa petition process. Should you withdraw I-864 affidavit of support? A withdrawal letter is written by an employee or a person when he wants to withdraw from a position or decision. You may have to register before you can post: click the register link above to proceed. Is my daughter responsible for their support? Just write both names as same in both fields. You should have a proof that you sent this letter. USCIS Sample Application withdrawal letter for H4-EAD, I-130, I-765 or any other petition type. I called USCIS help center they told they will send the confirmation letter via mail saying it’s been withdrawn. Your IP: 188.40.188.146 Please remember that you will need to remove conditions on your green card soon and should have evidence you entered the marriage in good faith. Do Not Sell My Personal Information, Family Sponsors Petitioning for Immigrants, FAQs About Petitioning for Family Immigrants. The person or company that files the petition is called the "petitioner" and the intending immigrant is the "beneficiary." Receipt notice, withdrawal reason required. Why? If the I-130 or I-140 petition has not yet been approved, it's relatively easy to cancel it. Paula submitted the request to withdraw letter to USCIS filing center that she initially sent the I-485 to. It doesn’t really matter if the I-751 is signed since this person now has a conditional GC all they need to do is file a waiver for the I-751 and prove they entered the marriage in good faith. The I-864 is a legally binding contract with the U.S. government that can be used against you in court. When a joint sponsor withdraws the I-864 and the sponsor doesn’t meet the income requirement, the petition will likely be canceled. Once you sign the I-864 you are on the hook until certain conditions are met. I’m in the same situation but for some reason I haven’t even received Receipt Notice for my wife’s I-539 application. I guess that would also be fine. This is because the I-864 requires that the petitioner financially support the beneficiary at 125% of the poverty guidelines. Only the I-864 has been approved. Ayan, Have you heard from anyone who has successfully withdraw a Affidavit of support for a AOS? By this time, the immigrant is considered to have acquired U.S. status in his or her own name, and a petitioner would most likely have to allege fraud to have that status revoked (taken away). What will happen me and my husband get divorced he abused what my entitled and rights get from him I have evidence proof that I get abused from him. i guess we are just 2 different people that couldn’t get along no matter how hard we tried. Hi. In fact, they'd like you to state the reason for the withdrawal, mainly because if one party is alleging fraud by the other one, USCIS wants to note that for its records. You can send both withdrawal letters in same packet/package by post via 1 courier. H4 visa has nothing to do with H1B employer. Will I have to support him if the divorce is final before his green card expires? processing your petition. So, what if your marriage to your foreign spouse ends? Timeframe to Get a Nonimmigrant U.S. Visa. She is currently working with a lawyer to annul the marriage and advised to notify ICE and USCIS about her wish to withdraw support as a sponsor. A petition letter can either accompany a formal petition or request a change in the status of a particular situation. You can also include a separate letter stating you are requesting the cancellation of your approved I-130 and provide the reason. All you need to do is send a letter to USCIS, at whichever office is currently handling the petition, informing it of your decision. I need to draft a withdrawal letter to immigration I need. It’s unlikely they will take away her GC though and you won’t really know what happened with her case after. I sent the withdrawal application for COS and EAD both. I’m sorry to hear about what your wife has done to you. This is never a good idea because of the consequences you could face if the beneficiary receives state or federal means-tested benefits. Write Attorney address from COS application receipt notice. I have finally decided to withdraw my petition from CHC new delhi...I need to send withdrawal letter to consulate..I wrote this letter Please have a look at it and let me know if it is OK to go... Subject : Requesting for Withdrawal of Visa Application I would like to withdraw my application for study permit visa. Your email address will not be published. If you have already sent in Form I-130 (Petition for Alien Relative) but the case hasn't gone further than this, you can “withdraw” your petition. The letter proves to be the best mode of communication when a person needs to communicate something to a person. After that, there isn’t much she can do to avoid being financially responsible. It is widespread these days and is written in a very formal way. Signing the I-864 comes with some pretty big responsibilities such as: Luis and Gina married in El Salvador and he filed the I-130 petition for her. This can mean a long and painful lawsuit where you can lose everything you have. As he said this sponsorship can be transferred to him after his in-law family arrived, with his next year higher income. There is no official withdrawal USCIS form. Then you can move on with your life and be glad that you found out it wouldn’t work out before the I-864 went into affect. I’ve seen cases where the beneficiary took the sponsor to court to force them to pay a monthly alimony even if they weren’t married that long.