United States · immigration

How to Withdraw Form I-864 Before Green Card Approval in the United States

Form I-864 is a binding federal contract, but you have the legal right to revoke it before USCIS approves the immigrant's green card application. Acting before adjudication terminates your financial liability and prevents indefinite support obligations under federal law. This guide explains how to properly execute and deliver an enforceable withdrawal to USCIS.

The Legal Window: Your Rights Under United States Immigration Law

In the United States, signing Form I-864 (Affidavit of Support Under Section 213A of the INA) commits you to financially support an intending immigrant at no less than 125 percent of the Federal Poverty Guidelines. Under 8 U.S.C. § 1183a and 8 CFR § 213a.2(e), this commitment is an enforceable contract between you and the federal government. Crucially, that contract does not take effect until United States Citizenship and Immigration Services (USCIS) officially grants the immigrant lawful permanent resident (LPR) status or a consular officer issues an immigrant visa.

Under 8 CFR § 213a.2(f), a sponsor, joint sponsor, or household member has the absolute legal right to withdraw their Form I-864 or Form I-864A at any point before final adjudication. If you submit a valid written withdrawal before USCIS grants the Form I-485 adjustment of status, federal regulations dictate that the application must be adjudicated as if your Form I-864 had never been filed. You cannot be penalized for exercising this right before approval.

The High Stakes: Why You Must Act Before Final Adjudication

Too many sponsors are pressured into signing financial guarantees during deteriorating relationships or under false pretenses, mistakenly believing they can walk away later. Under 8 U.S.C. § 1183a(a)(3), divorce, legal separation, personal bankruptcy, or domestic breakdown do not terminate an approved Form I-864. Once the green card is approved, your obligation persists until the immigrant becomes a U.S. citizen, earns 40 Social Security work quarters, leaves the country permanently, or dies.

Your only opportunity to walk away unilaterally is before USCIS issues a final decision on Form I-485. If you do not withdraw the affidavit before that moment, USCIS cannot reverse the contract, and you remain exposed to direct lawsuits from the immigrant or reimbursement actions from state and federal benefit agencies. Speed, precision, and demonstrable proof of receipt are essential.

Filing Your Revocation and Creating a Clean Paper Trail

A telephone call or an informal message to USCIS is legally ineffective. USCIS policy and governing regulations mandate that your withdrawal must be in writing, signed, and formally received by the office currently adjudicating the petition before the decision is entered. You must identify the beneficiary's full name, date of birth, Alien Registration Number (A-Number), and the receipt numbers for both the underlying immigrant petition (Form I-130) and the adjustment application (Form I-485).

Because immigration files frequently transfer between USCIS Service Centers and local Field Offices, sending notice to every active office handling the file via tracked, signature-confirmed mail is critical to prevent the application from being approved while your letter sits in a mailroom. If you are preparing this request, you can use Caunsel to research current procedural guidelines, organize and save your notices and delivery receipts securely in a case, or connect with an independent lawyer for dedicated counsel. Caunsel is not a law firm and does not file forms or legal notices on your behalf.

Steps

• Gather your case identifiers: Retrieve the Form I-797 Notice of Action receipts for Form I-130 and Form I-485 to identify the receipt numbers, the beneficiary's Alien Registration Number (A-Number), and the USCIS office currently holding the file.
• Draft a formal withdrawal letter: State unequivocally that pursuant to 8 CFR § 213a.2(f), you are formally withdrawing your Form I-864 Affidavit of Support (or Form I-864A) prior to final adjudication and request immediate written confirmation of the withdrawal.
• Sign, date, and duplicate the document: Sign the letter in ink, record the date, and make complete physical and digital copies of the signed letter and all attached receipt notices for your personal records.
• Deliver via certified tracking to all relevant offices: Send the letter by USPS Certified Mail with Return Receipt Requested or priority courier with signature confirmation to both the USCIS Service Center that accepted the filing and the local Field Office where any interview is scheduled.
• Submit direct notice at any pending interview: If an interview has already been scheduled at a local field office, deliver a copy of your signed withdrawal and delivery confirmation directly to the adjudicating officer before an approval decision is rendered.

Common mistakes

• Believing that filing for divorce or obtaining a divorce decree terminates an executed Form I-864 obligation after the green card is approved.
• Attempting to revoke sponsorship through a phone call to the USCIS Contact Center instead of submitting a formal written notice.
• Mailing the withdrawal letter to a central lockbox address instead of the specific USCIS Service Center or local Field Office adjudicating the adjustment of status file.
• Failing to use certified tracking or keep proof of delivery, leaving no evidence that USCIS received the withdrawal prior to approving the application.

Questions people ask

Can I withdraw Form I-864 after USCIS approves the green card?

No. Under 8 CFR § 213a.2(e), the Form I-864 becomes an enforceable legal contract the moment the green card is approved. Once lawful permanent residence is granted, you cannot revoke your sponsorship, and the financial obligation continues under 8 U.S.C. § 1183a regardless of subsequent divorce or separation.

What happens to the immigrant's green card application after I withdraw?

USCIS will treat the Form I-485 adjustment of status application as if no Affidavit of Support was filed. Unless the immigrant is legally exempt or submits an acceptable replacement joint sponsor through a Request for Evidence (RFE), USCIS will deny the green card application on public charge grounds.

Can a joint sponsor withdraw without the petitioner's consent?

Yes. A joint sponsor or household member who signed Form I-864 or Form I-864A has an independent right under 8 CFR § 213a.2(f) to withdraw their financial support in writing prior to adjudication without the consent or knowledge of the primary petitioner.

General information only, last updated 2026-10-11. Caunsel is not a law firm and does not practise law. AI answers and this guide are not legal advice. Verify filings, deadlines, and statutes with a licensed lawyer in United States.