Removal of financial sponsorship

[S S 25]

Hi,

 

The reason why I am posting this here, is because I wasn’t sure exactly what category this goes under, snd it has to do with financial information as well as possible tax issues.

 

I don’t want to give too many details. This is an extremely heartbreaking question to ask on VJ after all of the help I was freely given to help us make our spouse visa process quick and easy, so I could finally be with the man I love..

 

However, due to some recent risky, unfaithful, and uncaring decisions that my husband has been making, I feel like it would be smartest and safest for me to remove myself as his financial sponsor. He and I have been separated for almost 2 months, and I am not sure what exactly is going to happen in our future. I do know that his feelings about marriage have changed, and he is no longer the man I married and thought I knew. 

 

I read a few articles online, and they talked about there being SPECIFIC STEPS  to follow in order to remove myself correctly as my husband’s financial sponsor.

 

if anyone reading this knows anything about this topic, or has experienced it themselves, would you kindly respond to me either publicly or privately?

 

 Thank you very much. 

[Ayrton 965]

1 hour ago, sos & ogs said:

Hi,

 

The reason why I am posting this here, is because I wasn’t sure exactly what category this goes under, snd it has to do with financial information as well as possible tax issues.

 

I don’t want to give too many details. This is an extremely heartbreaking question to ask on VJ after all of the help I was freely given to help us make our spouse visa process quick and easy, so I could finally be with the man I love..

 

However, due to some recent risky, unfaithful, and uncaring decisions that my husband has been making, I feel like it would be smartest and safest for me to remove myself as his financial sponsor. He and I have been separated for almost 2 months, and I am not sure what exactly is going to happen in our future. I do know that his feelings about marriage have changed, and he is no longer the man I married and thought I knew. 

 

I read a few articles online, and they talked about there being SPECIFIC STEPS  to follow in order to remove myself correctly as my husband’s financial sponsor.

 

if anyone reading this knows anything about this topic, or has experienced it themselves, would you kindly respond to me either publicly or privately?

 

 Thank you very much. 

Does your husband have a green card already? (Your profile say yes).

 

If yes, then you can't remove your support. Your obligation only ends with one of the following situations:

 

- Becomes a U.S. citizen;
- Has worked, or can receive credit for, 40 quarters of coverage under the Social Security Act;
- No longer has lawful permanent resident status and has departed the United States;
- Is subject to removal, but applies for and obtains, in remove proceedings, a new grant of adjustment of status, based on a new affidavit of support, if one is required; or
- Dies.

[Crazy Cat 41,985]

1 hour ago, sos & ogs said:

Hi,

 

The reason why I am posting this here, is because I wasn’t sure exactly what category this goes under, snd it has to do with financial information as well as possible tax issues.

 

I don’t want to give too many details. This is an extremely heartbreaking question to ask on VJ after all of the help I was freely given to help us make our spouse visa process quick and easy, so I could finally be with the man I love..

 

However, due to some recent risky, unfaithful, and uncaring decisions that my husband has been making, I feel like it would be smartest and safest for me to remove myself as his financial sponsor. He and I have been separated for almost 2 months, and I am not sure what exactly is going to happen in our future. I do know that his feelings about marriage have changed, and he is no longer the man I married and thought I knew. 

 

I read a few articles online, and they talked about there being SPECIFIC STEPS  to follow in order to remove myself correctly as my husband’s financial sponsor.

 

if anyone reading this knows anything about this topic, or has experienced it themselves, would you kindly respond to me either publicly or privately?

 

 Thank you very much. 

Your timeline indicates that he is already a legal resident with a Green Card.  If so, you cannot withdraw from your financial responsibility.  You signed a binding contract which even a divorce will not break.  You are bound by the contract (I-864) until he is no longer a legal resident or until he has accrued 40 quarters of work credit.  

[Crazy Cat 41,985]

You can and should protect yourself physically and financially through a good divorce attorney.  However, the I-864 is a binding contract which will remain unaffected by divorce proceedings.  It is in your best interest that he becomes a US citizen as soon as possible.  That will release you from the I-864 obligation.  Good luck.   

[Orangesapples 1,954]

As others have said, you cannot withdraw your sponsorship. But keep in mind that I-864 is a contract between you and the government and it only applies if he receives certain benefits, such as food stamps. Then you'll have to reimburse the government. So I wouldn't be too worried about that. He could maybe potentially use it in divorce court to argue that you owe him support and he may or may not be successful. I think your best bet now is getting a competent attorney and not mentioning the affidavit to him at all. 

[Babu Frik 1,162]

One of those times you should've read the fine print. 

 

It would essentially be offloading them on the tax payer if they became a public charge. 

 

This was something you agreed to in order to move forward with the process,  you don't get to change your mind later. Your only only short term hope is them abandoning their status. 

 

[S S 25]

I have read all of the responses that people have written, and I think you all for each and everyone.

 

I know that financial sponsorship is a legally binding a contract with the federal government, and I disagree with every single one of you who said that I cannot remove myself as his financial sponsor.

 

while I appreciate all of your opinions, I have contacted an attorney. And he has given me the correct steps to follow to protect myself financially.
 

It is very heartbreaking to have to do this with someone who I fought so hard to come be with me in America, but without him here with me, I don’t know what his intentions are and have to protect myself.

[Crazy Cat 41,985]

8 minutes ago, sos & ogs said:

I have read all of the responses that people have written, and I think you all for each and everyone.

 

I know that financial sponsorship is a legally binding a contract with the federal government, and I disagree with every single one of you who said that I cannot remove myself as his financial sponsor.

 

while I appreciate all of your opinions, I have contacted an attorney. And he has given me the correct steps to follow to protect myself financially.
 

It is very heartbreaking to have to do this with someone who I fought so hard to come be with me in America, but without him here with me, I don’t know what his intentions are and have to protect myself.

Attorneys can be and are wrong sometimes.....and they like taking your money.   The law is very clear.  You are bound by the I-864 until your husband is no longer a legal resident or has accrued 40 hours of work credit.  

 

Would you care to post these steps for removing your financial support?  This would be very useful information.

 

No one has made this claim, to my knowledge, in the past 4 years or so.  I would be very interested in seeing how this can be done.

Edited December 29, 2020 by Lucky Cat

[Crazy Cat 41,985]

https://wilsonlg.com/blog/divorce-does-it-terminate-affidavits-support

 

"The Affidavit of Support can terminate only if one the following events occurs: 1) the immigrant spouse earns 40 qualifying quarters of work in the U.S.; 2) the immigrant spouse naturalizes as a U.S. citizen; 3) the immigrant spouse loses his lawful permanent residency status and leaves the U.S.; or 4) the immigrant spouse dies.  The Immigration and Nationality Act does not provide a way out of this contract on the basis of divorce."

[Crazy Cat 41,985]

https://www.justia.com/immigration/marriage-family-based-petitions/withdrawing-sponsorship/

 

"If USCIS has approved the foreign national’s green card already, you probably will not be able to withdraw the petition unless fraud was involved."

 

[Crazy Cat 41,985]

https://www.nolo.com/legal-encyclopedia/immigrant-ex-spouse-moved-rich-relation-really-need-support.html

 

 

[Crazy Cat 41,985]

18 minutes ago, sos & ogs said:

And he has given me the correct steps to follow to protect myself financially.

Has he, by chance, told you to to create a situation where you are no longer financially able to support your ex-spouse?

[S S 25]

7 minutes ago, Lucky Cat said:

Has he, by chance, told you to to create a situation where you are no longer financially able to support your ex-spouse?

I don’t know who you are, or why you were asking me these bizarre questions. If you want to know the steps on how to remove yourself as a financial sponsor, I suggest you contact an attorney like I did. No, he did not tell me to create a situation, nor do I believe that a lawyer who gave me free advice is lying to me to get money. I received your private message and do not want to talk with you because of your hostile nature. Please leave me alone.I received your private message and do not want to talk with you because of your hostile nature. Please leave me alone.

[Crazy Cat 41,985]

14 minutes ago, sos & ogs said:

I don’t know who you are, or why you were asking me these bizarre questions. If you want to know the steps on how to remove yourself as a financial sponsor, I suggest you contact an attorney like I did. No, he did not tell me to create a situation, nor do I believe that a lawyer who gave me free advice is lying to me to get money. I received your private message and do not want to talk with you because of your hostile nature. Please leave me alone.I received your private message and do not want to talk with you because of your hostile nature. Please leave me alone.

Hostile nature????  By saying " I hope you can find happiness for yourself.  Life is too short to be miserable.  Good luck."   Really???  OK.   By the way, some lawyers are just ignorant to immigration matters....

 

Edited December 29, 2020 by Lucky Cat

[Babu Frik 1,162]

Well I don't imagine this is anything that will come to a conclusion anytime soon, but do let us know how things turns out.