Spousal Support and the I-864 Affidavit of Support

At the Orange County Law Office of David P Schwarz we have dealt with numerous cases involving the federal I 864 affidavits with regards to spousal support obligations. Please contact our office at 949 735 9266 or via the web. We can also be reached by email at dpslaw66@gmail.com.

A Spousal support attorney will clarify the effect of the I-864 affidavit of support. Trumped by federal immigration law: Neither a divorce judgment nor a premarital agreement may terminate a support obligation established via execution of an “I-864 Affidavit of Support” by a U.S. citizen (or other statutorily-qualified individual) so that his or her immigrant spouse can be admitted to and lawfully remain within the United States as a permanent resident.

A Spousal support lawyer will further clarify what it means to have an affidavit of support from the federal government. The “I-864 Affidavit of Support” effectively creates a contract between the sponsor/spouse and the United States, the purpose of which is to ensure that no immigrant “is likely at any time to become a public charge.” Moreover, it obligates the sponsoring spouse to pay “any support necessary to maintain [the immigrant spouse] at an income that is at least 125 percent of the Federal Poverty Guidelines for [the immigrant's] household size.”

Immigrant's former spouse/sponsor had continuing obligation to provide immigrant with support equal to 125% of poverty level for one-person household even though parties' premarital agreement/divorce judgment terminated her right to support and immigrant lived with adult son whose income exceeded that 125% amount]

An “I-864 Affidavit of Support” remains enforceable until the sponsored immigrant:

  • becomes a U.S. citizen;
  • has worked or can be credited with 40 quarters of coverage under the Social Security Act;
  • ceases to be a lawful permanent resident and departs the United States;
  • obtains in removal proceedings an adjustment of status; or
  • dies.

At the Orange County Law office of David P Schwarz it is can be Clearly noted, divorce is not a condition that relieves the sponsor from his or her support obligation. Moreover, per 8 USC §1183a, sub (a)(1)(B) & (C), an action to enforce the I-864 affidavit may be brought in either federal or state court.

A Spousal support attorney will show his client that the sponsored immigrant had no duty to mitigate damages, nor did the I-864 affidavit contain a seek-work requirement, and it was declined to add one to a statute that was clear. Those it was reasoned that the purpose of the affidavit was to ensure that the immigrant would not become a public charge and also, to make the sponsor "more cautious about sponsoring immigrants." And it can be shown immigrants themselves would have a strong incentive to seek work, given that they would receive support at 125% of the poverty line.

At the Orange county Law office of David P Schwarz we have litigated numerous spousal support cases where the I-864 affidavit of support has come up as an issue during litigation. Please contact our office at 949 735 9266 or via the web. We can also be reached by email at dpslaw66@gmail.com.

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