Where to find the Affidavit of Support form?

[severinep 0]

Alright. To make a long story short. I moved to the US from France back in 2008 and got a 10-year Green Card right away because we had been married for over 2 years when we started the process.

Fast forward to June 2011, after celebrating our 6th anniversary, husband decided being married, having student loans (his) and paying for a mortgage, property tax... and thinking about having children was too much for him. He called it quits. We just started the divorce process. When we did the visa petition, a friend was his sponsor because he was a student at the time. He just started his 1st real job out of college and makes a nice income. Me on the other hand, made the sacrifice to take a huge pay cut when I came here.

Now that we are divorcing, I won't be able to ask for the US citizenship for another 2 years. I need to find the Affidavit of Support and give it to my lawyer to make sure this financial support and protection (if needed) is going to be granted to me until I become a US citizen. Do we get a copy (I need to look into his papers) or do I have to ask a copy to the Immigration?

[JimVaPhuong 4,863]

Alright. To make a long story short. I moved to the US from France back in 2008 and got a 10-year Green Card right away because we had been married for over 2 years when we started the process.

Fast forward to June 2011, after celebrating our 6th anniversary, husband decided being married, having student loans (his) and paying for a mortgage, property tax... and thinking about having children was too much for him. He called it quits. We just started the divorce process. When we did the visa petition, a friend was his sponsor because he was a student at the time. He just started his 1st real job out of college and makes a nice income. Me on the other hand, made the sacrifice to take a huge pay cut when I came here.

Now that we are divorcing, I won't be able to ask for the US citizenship for another 2 years. I need to find the Affidavit of Support and give it to my lawyer to make sure this financial support and protection (if needed) is going to be granted to me until I become a US citizen. Do we get a copy (I need to look into his papers) or do I have to ask a copy to the Immigration?

He may have kept a copy, but he isn't required to. USCIS will probably not give you a copy without a subpoena. The I-864 is a contract between the sponsor and the US government. You are involved as a beneficiary of the contract, but since you didn't sign it then USCIS will likely not provide a copy to you without a court order.

I hope your attorney knows what they're doing. Family courts in many states have refused to consider the I-864 when determining spousal support because there are no provisions for it in the state's family code. You might have to sue him in a civil court in order to get a judgment. Those lawsuits have had mixed results. The most you can expect to get is about $13,600 per year. If you're working and receiving any income at all then you can expect your income to be deducted from any judgment. If your personal income is already over $13,600 per year then you probably won't get anything from your husband, at least not based on the I-864.

[Anh map 2,098]

You can find the sponsor's contract on any copy of the I-864. Simply download it from the USCIS website.

[VanessaTony 3,567]

Alright. To make a long story short. I moved to the US from France back in 2008 and got a 10-year Green Card right away because we had been married for over 2 years when we started the process.

Fast forward to June 2011, after celebrating our 6th anniversary, husband decided being married, having student loans (his) and paying for a mortgage, property tax... and thinking about having children was too much for him. He called it quits. We just started the divorce process. When we did the visa petition, a friend was his sponsor because he was a student at the time. He just started his 1st real job out of college and makes a nice income. Me on the other hand, made the sacrifice to take a huge pay cut when I came here.

Now that we are divorcing, I won't be able to ask for the US citizenship for another 2 years. I need to find the Affidavit of Support and give it to my lawyer to make sure this financial support and protection (if needed) is going to be granted to me until I become a US citizen. Do we get a copy (I need to look into his papers) or do I have to ask a copy to the Immigration?

Realistically the I-864 basically does nothing for you in terms of the divorce. Being married for so long will get you alimony in most states. The i-864 is protection for the US government, not you. As Jim said some people have successfully sued for support using it, but certainly don't count on it. Even if you "won" support it wouldn't be much.

[JimVaPhuong 4,863]

Realistically the I-864 basically does nothing for you in terms of the divorce. Being married for so long will get you alimony in most states. The i-864 is protection for the US government, not you. As Jim said some people have successfully sued for support using it, but certainly don't count on it. Even if you "won" support it wouldn't be much.

It depends on the state, but spousal support is far more likely than alimony.

[NigeriaorBust 4,087]

You are divorcing your spouse not your sponsor and whatever you get will be based on your ex to be's income , your income and length of marriage. It has nothing to do with the affidavit your sponsor signed. Your ex is not bound by a document signed by someone else. That person is not responsible for your after the marriage ends unless you start getting means tested benefits.

[VanessaTony 3,567]

It depends on the state, but spousal support is far more likely than alimony.

Oh I thought that was the same thing... Thanks for the clarification

[JimVaPhuong 4,863]

Oh I thought that was the same thing... Thanks for the clarification

Some states have eliminated alimony, but many states still have it in addition to spousal support.

Alimony is a vestige leftover from a time when divorced women were almost always career housewives, and had little chance of establishing a meaningful career after divorce. Alimony is paid until either the payer or recipient dies, or the recipient remarries.

Spousal support is the modern replacement for alimony in the majority of cases. It's paid for a limited period of time, usually based on the length of the marriage. To whom it's paid and the amount paid is determined by considering the income of both divorcing spouses, which means it's possible for a woman to be ordered to pay her ex-husband spousal support.

Alimony is still sometimes awarded in cases of long duration marriages (over 10 years in California), and if the court determines that the there's little chance the recipient will ever be able to support themselves at the marital standard of living; e.g., a woman in her 50's with no professional education divorced from a professional with a high level of income after a 30 year marriage - reasonably good chance of getting alimony.