The NVC stage is where the Form I-864 enters the picture. At the NVC, the visa applicant files the DS-260 visa application and supporting documents including the Form I-864. After the initial petition (I-130) is approved, the case first goes to the National Visa Center (NVC). How do I withdraw the I-864 in an immigrant visa/consular (DS-260) case? Once the visa is issued – or residency granted in the case of adjustment of status – it is too late. In other words, it is possible to withdraw the Form I-864, but only if the immigrant has not been issued her visa. Once the intending immigrant has obtained an immigrant visa, a sponsor, substitute sponsor, joint sponsor, or household member cannot disavow his or her agreement to act as a sponsor, joint sponsor, or household member unless the person or entity who filed the visa petition withdraws the visa petition in writing, as specified in 8 CFR 205.1(a)(3)(i)(A)or 8 CFR 205.1(a)(3)(iii)(C), and also notifies the Department of State officer who issued the visa of the withdrawal of the petition. (1) In an immigrant visa case, once the sponsor, substitute sponsor, joint sponsor, household member, or intending immigrant has presented a signed Form I-864 or Form I-864A to a Department of State officer, the sponsor, substitute sponsor, joint sponsor, or household member may disavow his or her agreement to act as sponsor, substitute sponsor, joint sponsor, or household member if he or she does so in writing and submits the document to the Department of State officer before the actual issuance of an immigrant visa to the intending immigrant.
#What papers do i need to file ds 260 form code
What happens if you have already filed the Form I-864, but then change your mind? The Code of Federal Regulations states: Read more about enforcement of the I-864 on the website of our partner law firm here. This happens primarily in cases where the immigrant is divorcing her visa sponsoring spouse. Under some circumstances, the immigrant can sue her sponsor for financial support. The joint sponsor’s responsibilities are the same as those of the primary sponsor. If the primary visa sponsor has inadequate income, an additional “joint sponsor” or “co-sponsor” can be used. Can be credited w/ 40-quarters of work ĭivorce does not end the sponsor’s obligations.The sponsor’s obligations last until the immigrant The sponsor also agrees to repay the cost of any “means-tested public benefits” (such as Medicaid) given to the immigrant. That is roughly $15,000 per year for a household of one. By signing the Form I-864, a sponsor agrees to provide any income necessary to ensure the immigrant has income at 125% of the Federal Poverty Guidelines. The Form I-864, Affidavit of Support is required in virtually all family-based immigration cases. If the Affidavit is not correctly withdrawn then you will be bound by the contract. As described below, the Form I-864 imposes serious financial obligations. I strongly encourage you to retain an attorney if you wish to withdraw the Affidavit. Withdrawing a Form I-864 is not a simple matter. If you have signed and filed a Form I-864, can you withdraw the form if you change your mind? Under some circumstances, yes. The Form I-864, Affidavit of Support imposes serious financial obligations on a sponsor who signs the form.
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