I-864A Household member divorcing

[RICHARD RILEY 0]

My wife who was born in the Philippines and became a US Citizen filed a petition for Alien Relative to bring her father here in 2019. Since her income at that time was not enough to meet the poverty guidelines I signed Form I-864A as a household member to supplement her income. We separated on August of this year and are in the process of getting divorced. She just recently informed me her father's petition was forwarded to the Embassy in Manila for interview scheduling.  My question is since she moved out of state and is no longer a member of my household is the Form I-864A still binding? Wouldn't changing her address also forfeit her claim of me supplementing her income since we no longer live under the same roof? Also what kind of legal trouble would she be in with Immigration if she knowingly allowed her father to go to the interview without updating her current address?

[Mike E 11,739]

You need to withdraw your I-864A. Contact NVC and the embassy immediately.  

[nastra30 2,287]

Op, do as @Mike E has suggested. Contact NVC and the Embassy immediately and withdraw your I-864A.

[SusieQQQ 11,586]

Yes, don’t worry about whether or not she gets into trouble. Worry about getting your i864a out the system asap. 

[RICHARD RILEY 0]

Thanks for the prompt reply guys but I found the information on the I-864A Part 6 section E which states:

I understand that, if I am related to the sponsored immigrant or the sponsor by marriage, the termination of the marriage (by divorce, dissolution, annulment, or other legal process) will not relieve me of my obligations under this Form I-864A.

[Mike E 11,739]

This is why I said you need to withdraw your I-864A

[Lil bear 4,217]

10 minutes ago, RICHARD RILEY said:

Thanks for the prompt reply guys but I found the information on the I-864A Part 6 section E which states:

I understand that, if I am related to the sponsored immigrant or the sponsor by marriage, the termination of the marriage (by divorce, dissolution, annulment, or other legal process) will not relieve me of my obligations under this Form I-864A.

But the sponsorship only comes into play once the immigrant arrives .. you need to withdraw it before the interview 

[nastra30 2,287]

1 hour ago, RICHARD RILEY said:

Thanks for the prompt reply guys but I found the information on the I-864A Part 6 section E which states:

I understand that, if I am related to the sponsored immigrant or the sponsor by marriage, the termination of the marriage (by divorce, dissolution, annulment, or other legal process) will not relieve me of my obligations under this Form I-864A.

That's why everyone is saying withdraw the I-864A immediately before it goes into effect. It only goes into effect when the immigrant touches down in the US.

[SusieQQQ 11,586]

Is it when the immigrant lands, or when the visa is approved? I’d get it withdrawn asap before the interview.

[nastra30 2,287]

30 minutes ago, SusieQQQ said:

Is it when the immigrant lands, or when the visa is approved? I’d get it withdrawn asap before the interview.

When immigrant lands because they won't be immigrants (LPR) if they haven't been admitted yet in the US, and hence no need for AOS to take effect.

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-of-support

"The individual who signs the affidavit of support becomes the sponsor once the intending immigrant becomes a lawful permanent resident"
 

Edited October 28, 2022 by nastra30

[nastra30 2,287]

11 minutes ago, nastra30 said:

When immigrant lands because they won't be immigrants (LPR) if they haven't been admitted yet in the US, and hence no need for AOS to take effect.

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-of-support

"The individual who signs the affidavit of support becomes the sponsor once the intending immigrant becomes a lawful permanent resident"
 

 

https://www.justice.gov/eoir/page/file/1323686/download

"The support obligations agreed to when Form I–864, Form I–864EZ, and Form I– 864A are executed generally commence when the intending immigrant is granted lawful permanent resident status."

[SusieQQQ 11,586]

1 hour ago, nastra30 said:

When immigrant lands because they won't be immigrants (LPR) if they haven't been admitted yet in the US, and hence no need for AOS to take effect.

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-of-support

"The individual who signs the affidavit of support becomes the sponsor once the intending immigrant becomes a lawful permanent resident"
 

Seems circular if the i864 is required for the visa to be approved. If he withdraws it after she gets the visa but before she lands then how is that rational, seems like a great big loophole people could use to get relatives visas then get out of being responsible for anything.

[Chancy 6,241]

4 minutes ago, SusieQQQ said:

If he withdraws it after she gets the visa but before she lands then how is that rational, seems like a great big loophole people could use to get relatives visas then get out of being responsible for anything.

 

The consulate has authority to revoke the issued visa if the sponsor withdraws the affidavit of support prior to the visa holder's US entry.  But if the visa holder enters the US before the consulate issues the revocation, then too late for the sponsor since the visa holder will be an LPR and the I-864A will be in effect by then.

 

[nastra30 2,287]

19 minutes ago, SusieQQQ said:

Seems circular if the i864 is required for the visa to be approved. If he withdraws it after she gets the visa but before she lands then how is that rational, seems like a great big loophole people could use to get relatives visas then get out of being responsible for anything.

In this scenario wouldn't CBP be able to deny entry based on public charge rule?

Edited October 28, 2022 by nastra30

[SusieQQQ 11,586]

23 minutes ago, Chancy said:

 

The consulate has authority to revoke the issued visa if the sponsor withdraws the affidavit of support prior to the visa holder's US entry.  But if the visa holder enters the US before the consulate issues the revocation, then too late for the sponsor since the visa holder will be an LPR and the I-864A will be in effect by then.

 

So all in all it is much SAFER to get the revocation in before the interview, where there is no doubt and no risk of someone not being fast enough at the consulate. After all someone can get their visa and go directly to the airport if they want. 

 

20 minutes ago, nastra30 said:

In this scenario wouldn't CBP be able to deny entry based on public charge rule?

How would they know?  More importantly, I don’t believe CBP has the authority to make its own determination on public charge. The consulate needs to have withdrawn the visa. If they had time to. If FIL knows there’s a risk of that happening he’ll probably fly asap after getting his visa. Such a risky route for OP to take any chance by delaying withdrawing it.

 

 

Edited October 28, 2022 by SusieQQQ