Marysville, WA asked in Immigration Law for Washington

Q: I want to rescind my sponsor of my sister's I130 petition. It was approved and sent to NVC. What is the process?

The petition was approved and "sent to Department of State NVC center". Do I need to send my cancellation request to them or USCIS office or both? Also, can my sister find alternative family sponsor (outside of my family) to sign the I-864 Affidavit of Support form? I am worried my cancellation request may not process in time.

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1 Lawyer Answer
Vince Sykes
Vince Sykes

A: The I-130 is step 1 of a multi-phase process. The I-130 in essence simply validates the legal sibling relationship between you and your sister--that you and your sister are indeed sisters--and nothing more. If you do nothing further, NVC will eventually cancel out the process; if no activity after 1 year.

The I-864 can't exist by itself. If you cancel out the I-130 there's no effect to the I-864. Yes, another family member or friend can become a joint sponsor on the I-864, but again, if I-130 goes away (rescind, revoked, denied, inactive, canceled, etc.) then the I-864 becomes meaningless.

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