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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106231
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I will be divorcing my immigrant wife who is still on her conditional

Customer Question

I will be divorcing my immigrant wife who is still on her conditional 2 year green card. I am wondering if I can withdraw my affidavit of support? I filed an affidavit of support for both her and her daughter. They are both living with someone else now. I would like to terminate my sponsorship.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.
Unfortunately, that's not so easy to get out of. Will you be able to prove that she only married you for the green card?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through. Even though I am risking you getting mad at me when I am just the messenger, I will take the chance and explain the problem. You see, the I-864 is a contract between you and the U.S. government to protect the U.S. taxpayer from possible abuses committed by a new immigrant that has not paid into the tax system that pays for public benefits. So it is not easy to get out of. The responsibility only ends when one of three things happen: 1) The immigrant works 10 years in the U.S. paying U.S. taxes. If they stop at 9.9 years and never work again, you are still stuck. 2) The immigrant becomes a U.S. Citizen. 3) The immigrant loses Residency for some reason: a) Being outside of the U.S. for too long. b) They obtained it through fraud. c) They commit a serious enough crime. Divorce does not terminate the responsibility. Here are three relatively scary articles: http://www.divorcesource.com/ds/newyork/u-s-sponsors-of-foreign-nationals-beware--3629.shtmlhttp://www.floridabar.org/DIVCOM/JN/JNJournal01.nsf/c0d731e03de9828d852574580042ae7a/2cbe6a52e76636f28525763b00661a63!OpenDocument&Highlight=0http://www.thefreelibrary.com/Immigration+form+I-864+(affidavit+of+support)+and+efforts+to+collect...-a0216412343 I wish I had better news for you and I sincerely ***** ***** you do not blame me. I am just responding to what you have asked and giving you the correct information. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

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