support and visa ending

[hoopy507 4]

after my wife is in the states from china on a permanent residence visa if we divorce will i still have to support her after the ten years is up...or what happens when she reaches the ten year mark. What is the process after the ten years.

[geowrian 22,335]

It doesn't stop at 10 years automatically. The I-864 remains in effect until she has 40 qualifying quarters of work (10 years)...that could be in 10 years or it could be longer if she doesn't work. Or until she loses LPR status, becomes a USC, or dies.

Edited October 6, 2017 by geowrian

[Russ&Caro 1,548]

I assume when you say "support her", you really mean how long your Affadavit of Support (AOS) remains in effect.

 

If you get divorced, you are not obligated to support her beyond whatever the divorce court or settlement dictates. You are only obligated under the AOS if she receives aide from various applicable Federal aide programs, and only then if the Federal programs choose to pursue a claim against you under the AOS.  In this scenario, you would be paying the government back, not directly supporting her.

 

In very rare circumstances, beneficiaries have successfully sued petitioners directly for support based on AOS. But these cases are very very rare and probably not worth being worried about.

[RandyW 149]

On 10/7/2017 at 12:53 AM, Russ&Caro said:

I assume when you say "support her", you really mean how long your Affadavit of Support (AOS) remains in effect.

 

If you get divorced, you are not obligated to support her beyond whatever the divorce court or settlement dictates. You are only obligated under the AOS if she receives aide from various applicable Federal aide programs, and only then if the Federal programs choose to pursue a claim against you under the AOS.  In this scenario, you would be paying the government back, not directly supporting her.

 

In very rare circumstances, beneficiaries have successfully sued petitioners directly for support based on AOS. But these cases are very very rare and probably not worth being worried about.

 

 

The best response I've seen in a long time to the mythology surrounding the I-864. The I-864 does not, in itself, award ANYTHING. It is simply a financial statement and a contract with the Federal government concerning your ability to support ONE household to include the immigrant.

 

But it CAN be, and has been, waved around in court in order to leverage a claim for support from the sponsor. Should this happen, get a good lawyer who knows the ins and outs of immigration issues.