Ready to file I-864 - Affidavit of Support - hypothetical question: what if things go south?

[dd2024dd 11]

I'm not super well versed on immigration. So pardon my ignorance.

 

My wife and I got married over a year ago and applied for her spouse visa. Now I received an email from USCIS to file I-864 - Affidavit of Support and read through it. I knew that I will be responsible financially for bringing her into the country. But the question is to what extent?

 

Don't get me wrong. Things are going well between us. But I'm a person that also considers all possibilities. So can someone answer these:

 

1. What happens in case of a divorce? The form I-864 says that I will still be responsible financially until she works for 10 years (!) or becomes a US citizen. Really, even if we divorce! What if she re-marries, will I still need to be supporting her?

 

2. What exactly does that financial responsibility entail? Do they refer to any welfare benefits that she may incur or what? Can you give any specific examples.

 

Again, I'm just trying to understand this little nuance. Thank you!

[Crazy Cat 43,581]

15 minutes ago, dd2024dd said:

I'm not super well versed on immigration. So pardon my ignorance.

 

My wife and I got married over a year ago and applied for her spouse visa. Now I received an email from USCIS to file I-864 - Affidavit of Support and read through it. I knew that I will be responsible financially for bringing her into the country. But the question is to what extent?

 

Don't get me wrong. Things are going well between us. But I'm a person that also considers all possibilities. So can someone answer these:

 

1. What happens in case of a divorce? The form I-864 says that I will still be responsible financially until she works for 10 years (!) or becomes a US citizen. Really, even if we divorce! What if she re-marries, will I still need to be supporting her?

 

2. What exactly does that financial responsibility entail? Do they refer to any welfare benefits that she may incur or what? Can you give any specific examples.

 

Again, I'm just trying to understand this little nuance. Thank you!

1.  A divorce does not change your obligations under an I-864. You will be obligated until either she becomes a US citizen, or she has accrued 40 quarters of work credit, or has lost her status as a legal resident, or she has died.

2.  The I-864 is a contract between the sponsor and the US government to re-imburse for certain public benefits.  I-864s have also been used by family court judges in divorce cases. 

 

Edited 19 hours ago by Crazy Cat

[yuna628 9,827]

I look at it this way - you are the sponsor, so therefore you are responsible for your foreign partner. You are guaranteeing that they will not become a public charge by offering your financial support.

In any regular marriage that might result in a divorce, a spouse being responsible for certain types of support such as alimony or child support or some sort of settlement is common. This is why prenups are sensible in many cases. When a woman remarries in those cases, the prior spouse may be free of financial liability in many states, but immigration is different. Prenups and other state laws do not usurp federal law. The contract is between you the sponsor, the immigrant, and the government - and therefore any financial liabilities that result in the event of some wrong-doing on the part of the foreign spouse (obtaining benefits they are not eligible for), the government reserves the right to sue. Once the terms are met by working, citizenship, and or death, you are released from any further liability. 

[Boiler 46,884]

I 864 has been used in Divorce settlements, there is at least one Law Firm that seems to do nothing else.

[dd2024dd 11]

7 minutes ago, Boiler said:

I 864 has been used in Divorce settlements, there is at least one Law Firm that seems to do nothing else.

Yeah, that sounds like a big loophole. I'm obviously not banking of going through a divorce, but I can see how that can be abused.

[pushbrk 13,393]

4 hours ago, dd2024dd said:

Yeah, that sounds like a big loophole. I'm obviously not banking of going through a divorce, but I can see how that can be abused.

If the foreign spouse never becomes a US Citizen and never gains 40 quarters of Social Security, the obligation is ongoing for life, unless they leave the USA.  "Life" meaning it ends when the first of you dies.

Edited 13 hours ago by pushbrk

[Boiler 46,884]

Yep, someone will die first

Edited 13 hours ago by Boiler

[pushbrk 13,393]

Just now, Boiler said:

Yep, someone will die first

Since this is a hypothetical, the above certainly is not.  Fortunately, most immigrant spouses will never hear or know of any law firm like you mentioned.  It's certainly possible, but if they are going to work, most likely any divorce will be about the same result as with a non-immigrant.