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Sir/Madam, My sister who is an US citizen petitioned for

 
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Sir/Madam,
My sister who is an US citizen petitioned for my mom (who is currently living with me and my husband in US as a visitor) for her application of the green card in Jan 2011. Considering my sister was unemployed and may not get approval as a sole sponsor, she asked my husband to co-sponsor for my mom. My husband has good income and good tax record. I am a stay-at-home mom. My husband agreed and submitted all the required documents. My mother's green card interview is scheduled in two weeks. My husband and I have been having some Marriage tension on and off for over a year. Just recently, he keep threatening to me whenever we have any arguments, that he will contact Immigration to cancel his co-sponsorship for my mom, claiming that he signed the documents under duress, because he felt that if he did not agree to co-sponsor, I would have divorced him. What he said was completely not true. No one forced him to sign the co-sponsor document. He accepted this naturally and happily when we asked him. Back then, we did not have any marriage issue. The real reason that he threatens me this now is that he regret of being the co-sponsor, fearing that if my mother has any health issue in the next few years, the financial burden would be loaded on him completely. I have tried to assure him that my mother has some savings and she agreed to sell her condo in China in the near future to make sure that she would have enough money to afford her living/medical expenses. Now my husband is using the threat to force me to set up a trust fund for my mother's medical fund, so that he would not have any financial risks.
My questions are 1) what is the procedure and how long does it take to withdraw co-sponsorship? 2) Would the immigration officer take his case just because he said that he co-sponsored under duress? 3) If he submitted the cancelation immediately, would it affect my mom's green card approval? 4) What if he submits the cancelation after my mom gets her green card? 5) If my sister find a job in the near future, after my mom gets her green card, would it be possible that my sister requests to cancel his co-sponsorship? 6) I feel really frustrated to be threatened by him. Can I do anything to stop him?
Thank you very much in advance.
Kaiyan

Submitted: 692 days and 6 hours ago.
Category: Immigration Law
Value: $24
Status: CLOSED

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Expert:  Georgetown Lawyer replied 692 days and 6 hours ago.

Thank you for allowing me to assist you. If there is a delay in my reply, I am helping others but WILL reply to you asap. Thanks for your patience...1. he would just write a letter to tell them he withdraws it and it is done. 2. he doesn't need to give a reason, he can just write and withdraw it. 3. yes, it would she would be denied or asked to find another joint sponsor. 4. If he submits it after she gets her Green Card there is a possibility they may revoke her card if he proves he signed under duress, it will be up to the officer. 5. No, she cannot request his sponsorship be canceled, it is not possible for anyone but him to request it. 6. No, you cannot. it is his right if he doesn't want to sponsor her, you cannot force him too then you are guilty of the very thing he is lying about you doing and that is forcing him to do it in the first place. I hope this helps clarify.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work (as you would like to receive credit for your work). Positive feedback is also appreciated, if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is not required. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice. If you specifically want me to answer a future question put “FOR GEORGETOWN LAWYER” in the subject line and I will reply asap.

Expert TypeImmigration Lawyer
Category: Immigration Law
Pos. Feedback: 98.8 %
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Answered: 6/2/2011

Experience: 10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas

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Customer replied 691 days and 15 hours ago.

Just one more question on this: After my mom gets her green card, could we request to change the co-sponsor from my husband to myself? I am a stay-at-home-mom. We file tax jointly. I also have some personal savings for proof of funds if necessary. However, I am a permanent resident not a citizen. Not sure if that matters.

Thanks.

 

Accepted Answer

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Expert:  Georgetown Lawyer replied 691 days and 12 hours ago.

no, please understand you cannot change sponsors after a green card is granted. the case is done. if you have savings that can qualify you, you can be the joint sponsor now even as a green card holder yourself but cannot do anything after she gets the green card. I hope this is clear. Thanks and best regards.

Expert TypeImmigration Lawyer
Category: Immigration Law
Pos. Feedback: 98.8 %
Accepts: 8254
Answered: 6/2/2011

Experience: 10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas

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Customer replied 676 days ago.

What is the proper procedure for requesting to withdraw co-sponsoring my mother? how long would it normally take to get a response from USCIS and how long would it normally take to get it processed and my mother be notified, or her application be denied? would it need investigation?

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Expert:  Georgetown Lawyer replied 675 days and 16 hours ago.

I already answered this question, please refer to my prior answer and I cannot quote how long uscis will take to do anything like this because they do not publish those times. Thanks and good luck. this question was closed 15 days ago. new questions in the future need to be posted as new. Best regards.

Expert TypeImmigration Lawyer
Category: Immigration Law
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Answered: 6/18/2011

Experience: 10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas

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