Can I Withdraw the I-864 that I Signed?

The I-864 Affidavit of Support does not become a binding contract until the USCIS approves the intending immigrant’s application for lawful permanent residence status. You may cancel the affidavit of support that you signed up until this point.

Once the intending immigrant has become a lawful permanent resident you are bound by the terms of the contract. There are five events that terminate the contract. Two of the three events can result in termination in 3 to 5 years. It is advisable that you have a conversation with your spouse to be before you complete the affidavit of support on his or her behalf. That conversation should include not only finances but a goal to terminate this contract.

The contract terminates when your LPR spouse becomes a United States citizen. An LPR through marriage to a United States citizen is eligible to apply for Naturalization two years and nine months after becoming an LPR. It should be a goal to achieve this event as soon as your spouse is eligible. In order to Naturalize, your spouse will need to speak understand and write English. S/he will need to pass a civics exam. There are a few exceptions to this requirement. Encourage your spouse to begin learning English as soon as s/he arrives in the U.S.A. or becomes an LPR so s/he can apply for naturalization at the earliest date eligible. This will terminate the I-864 Contract by operation of law.

A second event that terminates the I-864 Contract is; Your spouse earns and can be credited with 40 qualifying quarters as defined by the Social Security Administration. This goal can be achieved in 5 years if both you and your spouse have earnings that total the required amount. If your spouse had employment authorization and was employed in the United states before you married this event may occur even sooner. It is even possible that an I-864 Contract signed by you was or is not necessary.

If your spouse does not become a citizen and is not employed the contract may terminate in 10 years provided you are employed and earn 4 qualifying quarters a year as defined by the Social Security Administration.

There are exceptions to the earning of qualifying quarters. If the LPR spouse and in some cases the sponsor has received means tested benefits the quarters are not considered earned or acquired by the LPR.

To know before you sign the I-864 Contract and to plan for its termination, work with Mulder Law for your marriage adjustment. I will personally sit down with the two of you to discuss the I-864 and all of the forms and supporting documents necessary for the marriage adjustment.