Need to withdraw your Affidavit of Support? This letter formally requests the withdrawal. It’s used when circumstances change. These changes might affect your ability to financially support an immigrant.
Writing this letter can be tricky. Don’t worry, we’ve got you covered. We will share some sample letters.
This article provides templates and examples. Use them as a guide. Easily write your own withdrawal letter.
Sample Letter To Withdraw Affidavit Of Support
[Your Name]
[Your Address]
[Your City, State, Zip Code]
[Your Phone Number]
[Your Email Address]
[Date]
USCIS
[USCIS Address]
**Subject: Withdrawal of Affidavit of Support (Form I-864) – [Beneficiary’s Name], [Beneficiary’s A-Number]**
Dear USCIS Officer,
I am writing to formally withdraw the Affidavit of Support (Form I-864) that I previously submitted on behalf of [Beneficiary’s Name], A-Number [Beneficiary’s A-Number].
My Affidavit of Support was submitted on [Date of Submission].
I am withdrawing my Affidavit of Support because [State the reason for withdrawal. Be specific. Examples: “the beneficiary is now self-sufficient,” “the beneficiary has obtained U.S. citizenship,” “the beneficiary has passed away,” “the beneficiary and I are now divorced”].
I understand that this withdrawal means I am no longer legally responsible for supporting [Beneficiary’s Name].
Please confirm receipt of this withdrawal request.
Sincerely,
[Your Signature]
[Your Typed Name]
How to Write Letter To Withdraw Affidavit Of Support
Understanding the Ramifications
Before you embark on drafting a letter to rescind your Affidavit of Support, it’s crucial to understand the implications. This document is a legally binding contract with the U.S. government, so retracting it isn’t always straightforward. Consider consulting an immigration attorney to fully grasp the potential fallout. Ill-considered decisions can have far-reaching consequences.
Crafting the Subject Line
The subject line should be pithy and unequivocally state your intention. Here are a few examples:
- Subject: Withdrawal of Affidavit of Support – [Beneficiary’s Name] – [A-Number]
- Subject: Rescission Request – Affidavit of Support for [Beneficiary’s Name]
- Subject: Request to Withdraw I-864 – [Beneficiary’s Name]
A well-defined subject line ensures your request doesn’t languish in bureaucratic limbo.
The Salutation: A Formal Overture
Address the letter to the appropriate entity. If you know the specific office or individual handling your case, use it. Otherwise, a general salutation is acceptable. Examples include:
- To Whom It May Concern:
- United States Citizenship and Immigration Services:
- USCIS National Benefits Center:
While a generic greeting might seem impersonal, it’s perfectly acceptable when the specific recipient is unknown.
Body Paragraph 1: Expressing Intent
The opening paragraph should clearly and concisely state your intent to withdraw the Affidavit of Support. Provide the beneficiary’s name, A-Number (Alien Registration Number), and the date you originally signed the I-864 form. Clarity prevents ambiguity.
Example:
“I am writing to formally request the withdrawal of my Affidavit of Support (Form I-864) for [Beneficiary’s Full Name], A-Number [Beneficiary’s A-Number]. I originally signed this form on [Date of Signature].”
Body Paragraph 2: Articulating Justification
This is perhaps the most crucial part. You must proffer a valid reason for your withdrawal request. Acceptable rationales often include:
- The beneficiary has become a U.S. citizen.
- The beneficiary has worked for 40 qualifying quarters (approximately 10 years) and can be credited for them.
- The beneficiary has departed the United States and relinquished their Legal Permanent Resident status.
- The sponsor or the immigrant has deceased.
- Divorce (though effectiveness may vary depending on circumstances and location).
Be explicit and provide supporting documentation whenever possible. Vague or unsubstantiated claims are likely to be summarily dismissed.
Body Paragraph 3: Reinforcing Your Position
Reiterate your understanding of the Affidavit of Support’s implications and your earnest desire to withdraw it, given the circumstances. Express willingness to provide further documentation if required. This demonstrates diligence and sincerity.
Example:
“I understand the obligations associated with the Affidavit of Support. However, due to [briefly restate reason], I respectfully request that my I-864 be withdrawn. I am available to provide any additional documentation or information that you may require to process this request.”
The Closing: A Formal Farewell
Use a standard formal closing followed by your signature and printed name. Examples include:
- Sincerely,
- Respectfully,
- Yours truly,
Ensure your signature is legible and matches the name on your supporting documentation. Accuracy is paramount.
Frequently Asked Questions: Withdrawing an Affidavit of Support
This section addresses common inquiries regarding the process of withdrawing an Affidavit of Support (Form I-864). Please review the information below to understand the implications and procedures involved.
Can I withdraw an Affidavit of Support after it has been filed?
Generally, you cannot withdraw an Affidavit of Support once the intending immigrant has either become a lawful permanent resident based upon the affidavit or has adjusted status in the United States.
What happens if the intending immigrant has already received a green card based on my Affidavit?
If the intending immigrant has already become a lawful permanent resident, the Affidavit of Support remains binding, and you are obligated to provide support as outlined in the agreement.
Are there any circumstances under which the Affidavit of Support obligation ends?
Yes, the obligation generally ends if the intending immigrant becomes a U.S. citizen, has worked for 40 qualifying quarters, ceases to have lawful permanent resident status and departs the United States, or dies.
What if I experience a significant change in my financial situation after filing the Affidavit?
Even with financial hardship, the Affidavit of Support remains binding. However, it may be considered by the court if the sponsored immigrant seeks to enforce the affidavit.
Do I need to notify USCIS if I want to withdraw the Affidavit before the intending immigrant gets a green card?
Yes, it is crucial to formally notify USCIS and the National Visa Center as soon as possible of your intent to withdraw the Affidavit of Support before the intending immigrant obtains lawful permanent resident status.