If you’re a U.S. citizen or permanent resident who recently divorced an immigrant spouse you sponsored for a green card, you might be surprised to learn that you’re still financially responsible for them. This is due to the USCIS Form I-864, the Affidavit of Support, which binds you to this obligation. Let’s delve into what this means, the legal aspects involved, and the possible steps you can take.
Affidavit of Support
It is a legally binding contract between you, the sponsor, and the U.S. government, pledging to support the immigrant financially until one of these conditions is met:
- The immigrant becomes a U.S. citizen.
- They have worked for about ten years.
- The immigrant dies.
- The immigrant permanently leaves the U.S.
Crucially, divorce is not listed as a condition that ends this responsibility. This can be concerning, especially if the immigrant has access to other financial resources or employment opportunities.
Is Form I-864 Legally Enforceable?
There was initially some doubt about whether U.S. courts would enforce Form I-864, given that the agreement isn’t directly between the sponsor and the immigrant but it has become clear that sponsors are legally obligated to support the immigrant as outlined in the form.
No Requirement for Immigrants to “Mitigate Damages”
Some believed that immigrants should be required to seek employment and become self-supporting before claiming full support from their sponsors. However, this idea has been dismissed by legal precedents. For example, in the case of Zhu v. Deng, the North Carolina Supreme Court ruled that immigrants are not required to mitigate damages in I-864 cases, aligning with U.S. immigration law and USCIS regulations.
Supporting Immigrants Who Live with Others
Sponsors have argued against providing financial support when the immigrant is living with someone else who can support them. These arguments generally haven’t succeeded. In Erler v. Erler, a court ruled that a sponsor still had to provide support even though the immigrant ex-wife was living with and supported by her adult son. The court emphasized that the sponsor’s obligation is to the immigrant alone, regardless of their living situation.
Seeking Legal Guidance
If you are required to support your immigrant ex-spouse under Form I-864, consulting with an experienced divorce lawyer is crucial. A lawyer can help you explore potential solutions, such as negotiating a lump-sum settlement to avoid ongoing payments and future disputes.
The I-864 Affidavit of Support creates a unique challenge for sponsors who have divorced their immigrant spouses. The law is clear about your financial responsibility, but navigating the complexities and potential exceptions requires professional guidance. Consulting with an attorney who specializes in immigration and family law is essential to understanding your obligations and finding the best course of action.
For more insights and guidance on your responsibilities as a U.S. sponsor, check out our other articles on “The U.S. Sponsor’s Financial Responsibilities.” If you have specific questions or need legal advice, it’s always best to consult with a qualified attorney. Remember, this article provides general information and is not a substitute for professional legal advice, which is vital given the changing nature of laws and individual circumstances.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the US for Form I-864 straightforward and successful. Whether you’re applying for a Family-Sponsored Immigration Visa (IR or F Visas) or an Employment-Based Immigration Visas (EB Visa), we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need Form I-864 in the US. Call us today at +234 812 5505 986 to learn how we can assist you.
