Legal Question in Immigration Law in California

You can not terminate affidavits of support, I-864, that you executed for your ex-wife and her parents. There is no way out of this, as you put it.

Unless they die, leave the USA permanently, have worked for at least 10 years in USA, or become US citizens, you will have to disclose their information when you petition for another wife, and they all will have to be counted as members of your household (for the purpose of determining miminum income under the federal poverty guidelines).

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Taken directly from the form itself:

"Your obligation to support the immigrant(s) you are sponsoring in this affidavit of support will continue until the sponsored immigrant becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work in the United States.Although 40 qualifying quarters of work (credits) generally equate to ten years of work, in certain cases the work of a spouse or parent adds qualifying quarters. The Social Security Administration can provide information on how to count qualifying quarters (credits) of work.The obligation also ends if you or the sponsored immigrant dies or if the sponsored immigrant ceases to be a lawful permanent resident and departs the United States. Divorce does not end the sponsorship obligation."

The Affidavit acts like a contract which cannot be terminated simply due to desire of one of the parties.

The above is general information, does not provide case specific advice nor does it form an attorney client relationship. For further information, feel free to contact me at [email protected].

Sincerely,

Alice Yardum-Hunter, Attorney at Law

Certified Specialist, Immigration & Nationality Law

State Bar of CA, Bd. of Legal Specialization