Affidavit of Public Support

[Wallhut 34]

Hi. My husband's conditional visa expires at the end of this year. I want to get a divorce. He is asking to stay and get his 10-year green card and then we split up. But even if we get divorced I am still responsible for him until he reaches 10 years in the U.S. because of the Affidavit of Support, is that right? It's only if he goes on some public assistance, but I would not want that hanging over my head like that. Does anyone have any knowledge about if a K-1 sponsor has ever had it come back on them to repay the government under this provision?

[ThomasNC1988 762]

I have heard a few stories about it being used in divorce proceedings as a way to get money out of the citizen spouse. I have never heard of the government actually acting on it. Keep in mind that it doesn't expire in 10 years but rather when he has worked 40 quarters. He can get his 10 year greencard with a divorce waiver if you decide to divorce but it has no effect on the affidavit of support.

[payxibka 10,044]

Doesn't matter from what tbe original status adjustment was from ( k1, b1, j1, etc..) the affidavit of support does not terminate upon divorce.  There is no absolute 10 year expiration, expiration is based on many potential factors.   

[Boiler 43,878]

He can remove conditions with a divorce waiver, very common and extremely rare for this to be an issue.

 

Your obligations under the I 864 are clearly set out on the form, there is no 10 years, there is 40 quarters of Social Security, usually Naturalisation will happen first. But then not everybody wants to naturalise or does 40 quarters.

[Crazy Cat 39,942]

1 hour ago, Wallhut said:

But even if we get divorced I am still responsible for him until he reaches 10 years in the U.S. because of the Affidavit of Support, is that right?

Divorce does not terminate responsibility of the I-864.  There is no 10 year limit.  It is to your benefit that he obtains citizenship as soon as possible.

Edited January 26, 2021 by Lucky Cat

[Pinkrlion 2,617]

You can divorce.  He can file for Divorce Waiver on his own.  For Affidavit, you will be responsible until he either leaves the country and returns his GC, becomes a US Citizen, or has earned 40 quarters of employment (10 years).  

[payxibka 10,044]

Just now, Pinkrlion said:

You can divorce.  He can file for Divorce Waiver on his own.  For Affidavit, you will be responsible until he either leaves the country and returns his GC, becomes a US Citizen, or has earned 40 quarters of employment (10 years).  

Dont forget death

[Pinkrlion 2,617]

1 minute ago, payxibka said:

Dont forget death

[Unlockable 7,309]

1 hour ago, Wallhut said:

Hi. My husband's conditional visa expires at the end of this year. I want to get a divorce. He is asking to stay and get his 10-year green card and then we split up. But even if we get divorced I am still responsible for him until he reaches 10 years in the U.S. because of the Affidavit of Support, is that right?

Yes that is right, but you are also missing an important factor. If your partner becomes a citizen in a few years then you will be free of the Affidavit obligation. So your best bet would be to divorce now and hope he moves forward with becoming a citizen in about 3 years.

 

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It's only if he goes on some public assistance, but I would not want that hanging over my head like that.

You have no choice. You signed the document. It is a legally binding agreement.

 

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Does anyone have any knowledge about if a K-1 sponsor has ever had it come back on them to repay the government under this provision?

Yes, but they are few and far between. If you do an extensive search on Google you can come across some cases. I have seen one where the beneficiary sued the US citizen petitioner based on the affidavit.

[Wallhut 34]

Thank you very much for your responses. I found an immigration attorney's video on YouTube that in serving literally hundreds of thousands of cases he has never heard of the government suing the sponsor. I do see my husband could sue me in federal court for support but I know he would return home before doing that.

[Unlockable 7,309]

26 minutes ago, Wallhut said:

Thank you very much for your responses. I found an immigration attorney's video on YouTube that in serving literally hundreds of thousands of cases he has never heard of the government suing the sponsor. I do see my husband could sue me in federal court for support but I know he would return home before doing that.

Probably more like family court and him using the Affidavit as supporting evidence to his claim of needing help by you.

[Crazy Cat 39,942]

5 minutes ago, Unlockable said:

Probably more like family court and him using the Affidavit as supporting evidence to his claim of needing help by you.

Agree.  It wouldn't have to be a federal court case......

[Boiler 43,878]

I have seen it used in regular Divorce cases, to what effect you would have to ask the Judge.

 

Also looks like spouse spends a lot of time outside the US which delay any naturalisation.

[little immigrant 800]

12 hours ago, Wallhut said:

Does anyone have any knowledge about if a K-1 sponsor has ever had it come back on them to repay the government under this provision?

The K1 sponsor (I-134) doesn't do anything anymore. The green card sponsor (I-864) is on the hook. 

[Ontarkie 13,995]

~~Moved to Effects of Major Family Changes, from K1 P&P - as similar threads are discussed here.~~

Edited January 27, 2021 by Ontarkie