Navigating the immigration process can sometimes feel like a maze, and one of the critical steps for many is the Affidavit of Support. If you’re a sponsor who has previously signed an Affidavit of Support and now find yourself needing to withdraw, understanding how to do so is crucial. This article will guide you through the process, providing insights and a helpful affidavit of support withdrawal letter sample to assist you.
Understanding the Affidavit of Support Withdrawal
The Affidavit of Support, officially Form I-864, is a legally binding contract between a sponsor and the U.S. government. It essentially means you’re promising to financially support the immigrant you’re sponsoring. However, life circumstances can change, and there are specific, limited situations where you might be able to withdraw from this commitment. The ability to withdraw is not guaranteed and is subject to strict USCIS regulations.
- Reasons for Withdrawal:
- The sponsored immigrant becomes a U.S. citizen.
- The sponsored immigrant has worked 40 quarters (10 years) of credit under the Social Security program.
- The sponsored immigrant dies.
- The sponsor dies.
- The divorce between the sponsor and the sponsored immigrant is finalized.
It's important to remember that simply wanting to withdraw because you can no longer afford to support the immigrant is generally not a valid reason on its own. You must meet one of the specific criteria outlined by U.S. Citizenship and Immigration Services (USCIS). Trying to withdraw without a valid reason can have negative consequences for both you and the immigrant.
| Situation | Likelihood of Successful Withdrawal |
|---|---|
| Immigrant becomes a U.S. citizen | High |
| Sponsor dies | Automatic termination for the sponsor |
| Immigrant works 40 quarters | High |
| Divorce | Possible, but requires careful legal review |
| Financial hardship for sponsor | Very Low (unless combined with other factors) |
When drafting a withdrawal letter, clarity and completeness are key. You'll need to provide all relevant information to USCIS so they can process your request accurately. This includes details about the immigrant, the original affidavit, and the specific reason for your withdrawal request. Consulting with an immigration attorney is highly recommended to ensure your letter is correctly formatted and includes all necessary supporting documentation.
Affidavit of Support Withdrawal Letter Sample for Immigrant Becoming a U.S. Citizen
1. Confirmation of U.S. Citizenship
2. Immigrant's Full Name
3. Immigrant's Date of Birth
4. Immigrant's A-Number
5. Sponsor's Full Name
6. Sponsor's Date of Birth
7. Sponsor's Address
8. Date of Original Affidavit of Support (Form I-864)
9. Receipt Number of Original Affidavit of Support
10. Copy of U.S. Birth Certificate or Naturalization Certificate
11. Statement of Intent to Withdraw
12. Effective Date of Withdrawal (upon confirmation of citizenship)
13. Sponsor's Signature
14. Date of Signature
15. Contact Information for Sponsor
16. Statement that no other financial support is being provided.
17. Acknowledgment of understanding the implications of withdrawal.
18. Immigrant's status prior to becoming a citizen.
19. Type of visa the immigrant initially entered on.
20. Any other relevant documentation.
Affidavit of Support Withdrawal Letter Sample for Immigrant Having Worked 40 Quarters
1. Statement confirming immigrant's work history.
2. Immigrant's Full Name.
3. Immigrant's Social Security Number (SSN).
4. Immigrant's Date of Birth.
5. Immigrant's A-Number.
6. Sponsor's Full Name.
7. Sponsor's Date of Birth.
8. Sponsor's Address.
9. Date of Original Affidavit of Support (Form I-864).
10. Receipt Number of Original Affidavit of Support.
11. Proof of the immigrant's 40 quarters of Social Security credit (e.g., Social Security Statement).
12. Statement of Intent to Withdraw.
13. Effective Date of Withdrawal (upon confirmation of 40 quarters).
14. Sponsor's Signature.
15. Date of Signature.
16. Contact Information for Sponsor.
17. Acknowledgment of understanding the implications of withdrawal.
18. Immigrant's immigration status at the time of the Affidavit.
19. Details of employment contributing to the 40 quarters.
20. Any other supporting documents.
Affidavit of Support Withdrawal Letter Sample for Death of Sponsored Immigrant
1. Statement confirming the passing of the sponsored immigrant.
2. Full Name of Deceased Immigrant.
3. Date of Birth of Deceased Immigrant.
4. A-Number of Deceased Immigrant.
5. Date of Death of Sponsored Immigrant.
6. Cause of Death (if known and relevant).
7. Copy of Death Certificate.
8. Sponsor's Full Name.
9. Sponsor's Date of Birth.
10. Sponsor's Address.
11. Date of Original Affidavit of Support (Form I-864).
12. Receipt Number of Original Affidavit of Support.
13. Statement of Intent to Terminate Affidavit of Support due to death.
14. Sponsor's Signature.
15. Date of Signature.
16. Contact Information for Sponsor.
17. Relation of sponsor to the deceased immigrant.
18. Details of how the sponsor was notified of the death.
19. Confirmation that no other actions are being taken regarding this immigrant's status.
20. Any relevant legal documentation.
Affidavit of Support Withdrawal Letter Sample for Death of Sponsor
1. Statement confirming the passing of the sponsor.
2. Full Name of Deceased Sponsor.
3. Date of Birth of Deceased Sponsor.
4. A-Number of Deceased Sponsor (if applicable and known).
5. Date of Death of Sponsor.
6. Copy of Death Certificate of Sponsor.
7. Full Name of Sponsored Immigrant.
8. Date of Birth of Sponsored Immigrant.
9. A-Number of Sponsored Immigrant.
10. Date of Original Affidavit of Support (Form I-864).
11. Receipt Number of Original Affidavit of Support.
12. Statement of Termination of Affidavit of Support due to sponsor's death.
13. Name of Executor/Administrator of Sponsor's Estate (if applicable).
14. Contact Information for Executor/Administrator.
15. Signature of Executor/Administrator.
16. Date of Signature.
17. Relation of executor/administrator to the deceased sponsor.
18. Statement that the estate is no longer liable.
19. Any relevant legal documentation concerning the estate.
20. Confirmation that USCIS has been notified.
Affidavit of Support Withdrawal Letter Sample for Finalized Divorce
1. Statement confirming the finalization of the divorce.
2. Sponsor's Full Name.
3. Sponsor's Date of Birth.
4. Sponsor's Address.
5. Sponsored Immigrant's Full Name.
6. Sponsored Immigrant's Date of Birth.
7. Sponsored Immigrant's A-Number.
8. Date of Original Affidavit of Support (Form I-864).
9. Receipt Number of Original Affidavit of Support.
10. Date of Divorce Decree.
11. Name of Court that issued the Divorce Decree.
12. Case Number of Divorce Proceeding.
13. Copy of the Final Divorce Decree.
14. Statement of Intent to Withdraw Affidavit of Support.
15. Explanation of any new financial arrangements post-divorce (if applicable and relevant to termination).
16. Sponsor's Signature.
17. Date of Signature.
18. Contact Information for Sponsor.
19. Acknowledgment of understanding the implications of withdrawal.
20. Any court orders related to the immigrant's support.
In conclusion, while withdrawing an Affidavit of Support is possible under specific, limited circumstances, it's a serious legal matter. Always ensure you have a valid reason and that you follow the correct procedures. Using an affidavit of support withdrawal letter sample can be a helpful starting point, but remember that consulting with an immigration attorney is the best way to ensure your request is handled properly and to avoid any unintended complications.