Ending Sponsorship but not Immigration

[That_Guy 0]

Hello everyone. First I would like to thank this great community for all their help they provided to me and my (ex) wife when we were filling out her immigration information. It helped getting the process right--and just as importantly--gave us peace of mind that we weren't going to end up in hot water.

I am the U.S. Citizen, and I am currently my (ex) wife's petitioner. My (ex) wife's situation is that she came over here on a tourist visa. We had been friends long before then, though we hadn't met in person prior to then. We hit it off, and decided we wanted to get married(and adjusting her status). The marriage was bona fide, but we have since gotten a dissolution of marriage for "irreconcilable differences". I kept on as her sponsor because even though we were separated, because I still wanted to try to help her, and I gave her almost all of my income to help her get back on her feet. However, the past 2 months or so have been extremely rough. She has taken everything I put into my bank account, maxed out my credit cards, and still doesn't have a job(or even looking for one). She is going to be getting about $20,000 in financial aid this Fall semester. In addition, she has threatened to take out public benefits unless I continue to give her everything I make(roughly $2,000 per month).

At this point, I'm thinking enough is enough. I have no doubts that our marriage was legitimate when it started, but now that we are divorced, I think she just sees me as her personal bank, and I am getting tired of it. What I want to do is withdraw my Affidavit of Support. I have spent quite a few hours googling how best to protect myself, and I believe I may have found an answer. But before I file anything, I want to make sure I don't inadvertently mess up her immigration process(I would much prefer if we could be friends, and I believe that by removing the financial bond that ties us together, our friendship can be saved). I have read that I can withdraw my Affidavit of Support by writing the USCIS, and asking them to take my name off of the Affidavit. However, would any one know what the form is called? The woman at the local USCIS office had given me a form, and also told me that she would need to file a I-751 Waiver. Did I understand her correctly? The form she gave me says "I now wish to withdraw my Visa Petition and Wiave all right to an appeal I may have in this matter." That sounds a lot like I am trying to get her deported, instead of trying to end my status as her sponsor.

Additionally, I have one more question. The Affidavit states five conditions which would void it:

1) I die

2) She dies

3) She seeks permanent reticence in another country

4) She works for 40 qualifying quarters in America

5) She becomes a U.S. Citizen

However, at current, she is not working towards any of them. She will never be credited with working for 40 quarters because she is not looking for a job. I would very much prefer that neither of us cease to live(life is after all a wonderful thing), and she can decide to put off citizenship indefinitely. So in effect, she can reliably use me to supply her with income without working a day. I hope I am misunderstanding, and if someone could tell me what I misunderstand, I would be very grateful.

Edited July 30, 2011 by That_Guy

[Inky 1,111]

If she already has her green card there is really nothing you can do about the I-864. Its already locked in.

Edited July 30, 2011 by Inky

[Harpa Timsah 13,258]

You can't stop being her sponsor, but that doesn't mean you have to give her money. It just means that the gov could come after you if she applies for public benefits. Chances are they won't... and if they do, it sounds better than giving all of your income to her, because the gov wouldn't take all of your income. You should take her off the credit cards so she can't use them. The I-864 does NOT mean you have to maintain her lifestyle.

[aleful 1,905]

If she already has her green card there is really nothing you can do about the I-864. Its already locked in.

ditto,

the instructions clearly say that even if you divorce, you still will be her sponsor, you cannot withdraw the i864, only for the reasons you mentioned on that list.

[Kathryn41 3,205]

The affidavit of support is a contract between you and the government to guarantee she does not become a liability to the US taxpayers - which means that if she takes advantage of any means-tested benefits the government has the right to request you to repay them. The affidavit of support does not mean that you have to provide you with a regular income if she chooses not to work to support herself. If she is capable of working, then in the divorce decree make sure that the attorney is well aware of that fact. She should be self-supporting since the relationship is no longer valid. The affidavit isn't to provide her with an income although some attorneys have tried to take it in that direction, with mixed success. Once divorced, you are not responsible for any other bills she incurs which are not with the government.

If she does not yet have her green card then you can withdraw your Affidavit. It will mean that she does not get her green card and unless she obtains other valid status in the US will have to leave the US.

If she already has her green card, then the Affidavit is in place until one of those conditions you listed above is met. If her green card is a 2 year conditional card, then she needs to apply for the permanent card by filing the I-751 checking off the waiver option from filing jointly with you. It still does not release you from the Affidavit of Support - which, remember, is a contract with the Government and not with her. You might want to spell that out for her. Are you already divorced? You are not supposed to be a meal ticket for her so you may wish to call her bluff - she probably doesn't qualify for means-tested benefits at this stage anyway.

If she fails to file the I-751 either during the appropriate time before the 2 year expiry date or earlier if the government finds out she is divorced, then she will be out of status in the US anyway and not allowed to remain here. It is up to you whether you wish to advise her of this fact or not. Her immigration status - and maintaining it - is now her responsibility, not yours.

Edited July 30, 2011 by Kathryn41

[Fandango 1,440]

Right, I'm prolly going to come acros as very snarky here, but I mean no ill will.

Basically, the above info is correct; if she has her gc, you're stuck. If she hasn't, you can pull the sponsorship which will preclude her from getting her gc.

However, what has kinda irritated me is that you seem to not want to live up to your end ofnthe bargain. You did vouch for her, you did make that promise to the govt. If she goes on assistance, should it be the burden of the us taxpayers because you don't want to anymore? Or saying, 'I wanna pull my sponsorship but I want her to still get her gc.'. How exactly is that fair either? All of the gain with none of the responsibilities? Sorry, you should live up to what you promised, or pull your sponsorship which will disallow her gc.... she shouldn't be our burden just so you can 'be friends' with your ex wife.

Edited July 30, 2011 by Anita Cocktail

[JoannaV 174]

Ditto to what everyone else has said. Make sure you always inform USCIS of your address when you move.

It seems you did not understand what the sponsorship meant. Now that you do, explain it to your ex-wife. If she is then of the mind-set that she can blackmail you to give her money, as if you don't she will then attempt to get benefits (which would probably involve her having to lie to the benefit agency) and then set the government on you...then you probably can't be friends and need to take some legal steps. If she doesn't have her green card then definitely remove your sponsorship. If she does, then do whatever necessary to protect yourself.

I don't entirely understand what form the woman gave you. If you can withdraw your petition then it sounds like she hasn't got her green card yet, in which case I really think you need to consider NOT helping her immigrate. But the advice to file I-751 would seem to indicate that your ex DOES have her green card. In which case I am wondering if the form given you was some kind of "my wife can file I-751 and I won't be saying anything against her" kind of thing :-/ If your ex has her two year green card and after explaining to her what sponsorship means she appears unwilling to get a job and support herself, then it would probably be best if you did submit some kind of letter to USCIS when your wife files her I-751, explaining your worries about her using public benefits without cause. Not sure if that would have any weight, but like I said, you need to do what you can to protect yourself.

[Brother Hesekiel 2,236]

The affidavit of support dies when you die. So there is indeed an option freeing you from your potential long-time commitment. Not sure you like it.

On a more positive note: I cannot think of a single reason why a Brit would not want to pursue US citizenship. Thus, it's just a matter of time when the Sword of Damocles is being lifted off your head. Don't step in front of the bus just yet.