financial support based on an affidavit of support?

[twix124 0]

An affidavit of support is a "contract between the US government and a petitioner".

However, heard quite a few stories that after divorce an immigrant might sue a petitioner and start collecting up to 125% of poverty level financial support. (provided that an immigrant is a non-citizen and unemployed).

Spoke to a couple of attorneys and was told that it might be possible, but they don't know for sure.

Are there any "real" cases or just rumors? Would appreciate any valuable input on this topic.

[NigeriaorBust 4,087]

Divorce laws are a state thing and many are dependent on the length of marriage. The short the marriage the shorter the period of support granted. The I 864 was recently reworded to mention that you might have to support to state that you are agreeing to supply the immigrant with 125% the poverty level, older forms did not contain that wording, If you had an older form the sponsor did not sign a form directly stating that. Also such support would only be to the extent that the sponsor income and obligations to others ( such as children from others ) allow it to be . The fed poverty level for a family of 1 is about 15 k but if the sponsor only make 17 K you are not going to get 15 K of it. If the sponsor make 100 k they may also use that in an attempt to limit the amount they pay.

[Sirliner 26]

State law determines divorce settlement support. Regardless of whether an immigrant is a non-citizen, as long as they are considered a resident(usually 6 months) of the state then spousal support law is applied. In "no-fault" States the court wants to see an equal division of assets in the final judgement, including any financial support.

Been there, done that.

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Effects of Major Family Changes on Immigration Benefits forum; such topics are usually discussed in this forum.

[VickyP 34]

I was actually talking to my husband about the affidavit yesterday. He doesn't even remember filling it 17 years ago. Was it always a requirement?

[elmcitymaven 9,712]

I recall having to do one in early September 1996.

[NigeriaorBust 4,087]

no it wasn't

[elmcitymaven 9,712]

no it wasn't

Perhaps it wasn't always, but if I recall having to do one (and perhaps it had a different name then) 18 years ago, it follows that her husband had to do one 17 years ago.

[NigeriaorBust 4,087]

1997 was when the affidavit of support for I 864 came into use. I know back in 1985 nothing was required ( that is when my last husband arrived. )

[JimVaPhuong 4,863]

An affidavit of support is a "contract between the US government and a petitioner".

However, heard quite a few stories that after divorce an immigrant might sue a petitioner and start collecting up to 125% of poverty level financial support. (provided that an immigrant is a non-citizen and unemployed).

Spoke to a couple of attorneys and was told that it might be possible, but they don't know for sure.

Are there any "real" cases or just rumors? Would appreciate any valuable input on this topic.

There are plenty of cases, though not a huge number in comparison to the number of I-864's submitted by sponsoring spouses. You can find lots of them with a well aimed Google search. Just to get you started, try searching for...

Stump v. Stump, 2005

Cheshire v. Cheshire, 2006

Shumye v. Felleke, 2008

Yoonis v. Farooqi, 2009

Those are specific cases, but a set of carefully selected search terms should bring up lots of articles and other information. Try something like...

I-864 divorce enforcement "support order"

...or some similar group of relevant terms.

I recently had a PM conversation with a member who is beiing threatened by their spouse's divorce lawyer with an I-864 enforcement action. In summary, I told that member that it depended a lot on the state, the county, the court, and the judge. If someone should find themselves on the receiving end of an I-864 enforcement threat then, at the very least, they should make sure their attorney is intimately familiar with the federal law and precedent cases in their jurisdiction. Also, don't ignore the possibility that a failure to get an enforcement order in a state's family court does not necessarily stop the I-864 beneficiary from seeking enforcement in a federal court. The Rooker-Feldman doctrine generally prohibits a federal court from reviewing a state court's divorce orders. However, if the beneficiary is not directly seeking to overturn a finding in the state's court (e.g., the state court refused to hear the case citing lack of jurisdiction) then the federal court may accept the case. In that event, you need an attorney with experience in the federal court system, and your divorce attorney may not be up to the task.

In short, it's not common, but it does happen.

[twix124 0]

There are plenty of cases, though not a huge number in comparison to the number of I-864's submitted by sponsoring spouses. You can find lots of them with a well aimed Google search. Just to get you started, try searching for...

Stump v. Stump, 2005

Cheshire v. Cheshire, 2006

Shumye v. Felleke, 2008

Yoonis v. Farooqi, 2009

Those are specific cases, but a set of carefully selected search terms should bring up lots of articles and other information. Try something like...

I-864 divorce enforcement "support order"

...or some similar group of relevant terms.

I recently had a PM conversation with a member who is beiing threatened by their spouse's divorce lawyer with an I-864 enforcement action. In summary, I told that member that it depended a lot on the state, the county, the court, and the judge. If someone should find themselves on the receiving end of an I-864 enforcement threat then, at the very least, they should make sure their attorney is intimately familiar with the federal law and precedent cases in their jurisdiction. Also, don't ignore the possibility that a failure to get an enforcement order in a state's family court does not necessarily stop the I-864 beneficiary from seeking enforcement in a federal court. The Rooker-Feldman doctrine generally prohibits a federal court from reviewing a state court's divorce orders. However, if the beneficiary is not directly seeking to overturn a finding in the state's court (e.g., the state court refused to hear the case citing lack of jurisdiction) then the federal court may accept the case. In that event, you need an attorney with experience in the federal court system, and your divorce attorney may not be up to the task.

In short, it's not common, but it does happen.

Such an impressive level of expertise!

Thanks a lot!

I have a few questions:

1. Will the money received as a gift from family be counted as income?

2. Didn't quite get it: why in Shumye vs Felleke, 2008 plaintiff's motion was denied?

Surprised that civil matter becomes public - so many personal details are disclosed. Just curious, is there any regulations on that? Why there's no confidentiality?