how can i cancel the affidavit of financial support

[daboyz 36]

It sounds like you're being set up. First, let's assume her goal is to get out of the marriage and get a green card that is no longer conditional on your marriage. There are four ways to do this; spouse died, got a divorce or annulment, was abused by spouse, or extreme hardship. You aren't dead, and extreme hardship waivers are extremely difficult to obtain, so let's concentrate on the other two.

Both the divorce waiver and the abuse waiver (also called VAWA) require proof that the immigrant entered the marriage in good faith. This means proof they lived as a married couple.

Virginia generally has a 1 year separation requirement before absolute divorce. This complicates things for her. She can't file for the divorce right away as it would work against her good faith evidence. She can't wait too long to file or the divorce won't be completed before she is required to file the I-751 to remove conditions. In fact, if any aspect of the divorce is contested then it could drag on for years.

On the other hand, if she has evidence you abused her then she can file for removal of conditions based on the abuse, and she won't have to get the divorce first. What's more, the abuse can be used as grounds for the divorce.

As others have stated, you can't withdraw the affidavit of support. Your window of opportunity to do that ended when the conditional green card was approved. Fortunately, you probably won't have to worry about it for a while. The government isn't going to come after you unless she collects means tested benefits, and she won't be eligible for most of those until she's been an LPR for 5 years. She could try to use the affidavit as a basis for spousal support, but that rarely works with family courts - they already have guidelines in the state family code that dictate how they award spousal support. She could go to a civil court and sue you, but they may not be willing to enforce an ex-parte contract (she's not a party to the contract - you and the US government are). She might have better luck in a federal court.

It sucks when this sort of thing happens.

Good advice as always. Jim that thing does make you look fat.

[Mme Rej 0]

hello,i live in virginia and to cut my story short ,i married my wife 6 months ago (cr1) she came here and got her 2 years conditional visa.now she changed completly.she even call the police on me and accuse me for family assault what resulted in me going to court and all kind of problems in addition to taking anger management classes.any ways she still trying to get me in trouble for some reason that still i dont know.i got a 2 years probation too.now i am just trying to leave her.i have a nice carreer and dont want her to rui it after all this years working hard for it.

unfortunately i know that i signed that affidavid of support (i 864).now the question is : how can i leave her (divorce) without her taking advantage of me? she doesnt want to work and i am paying for her ESL classes too.

any one can help...please..please and million of thanks

I am so sorry for what you are going thru. To many of us are in the same baggage as you are. The only way to terminate the AOS is thru an annulment. that is: if you have proofs and solid ones, that the other person married you only for IMMIGRATION BENEFITS. ANNULMENT means the END of the AOS..NO OTHER WAY...

You may want to visit www.immigrationfraudvictims.org

I received great insight and information/help from that website. I even got in contact with an Investigator who used to work for Immigration/ICE for 27 years. Now retired from ICE, decided to open his own office in order to help those whom have been victimized by immigrants....The "hello I love you won't you tell me your name syndrome"

equals to GC and Goodbye.....

Visa journey is great if you are in the process of GC otherwise....

Hope my quote will be useful for other people also..

I will disregard any -negative- comments..if any comes in.. Take good care of yourself and if I can be of any further please let me know..