Divorce and Affidavit of support

[J&N071213 57]

Hello, posting this question here since they had an adjustment of status.

This question is on behalf of a family friend.

She has been married about 4.5 years and applied for adjustment of status for her husband, who enter the States with a tourist visa. Her husband had a conditional GC for 2 and has his permanent for 1 year. She completed the adjustment of status for his 2 sons in the past few months. However, after she returned from a trip to her home country, she found the ex-wife moved into her home.

She moved out and is currently going through divorce. Her concern is the Affidavit pf Support she signed for all of them. She has heard rumors of the soon to be ex husband moving out of state and the mother of his kids getting food stamps. She is concerned with them becoming a public charge and her being unaware of it until she is sued by the agency.

I have read online that they could sign an agreement between her ex and herself, in which he would agree to not become one, however is has not been proven if the court would accept such a document.

Is there any way she can protect herself?

Thanks

[Pitaya 2,577]

~Moved from Fam.based AOS to Effects of Major Family Changes on Immigration Benefits Forum~

~Similar topics are often discussed at this forum~

[belinda63 3,038]

There is no way to cancel the affidavit of support. They can sign all the agreements between themselves that they want but the I-864 is between her and the federal government. She could try to get a written promise from him to repay her if she is sued but if his income is so low he needs benefits how is she going to get any money from him.

[J&N071213 57]

There is no way to cancel the affidavit of support. They can sign all the agreements between themselves that they want but the I-864 is between her and the federal government. She could try to get a written promise from him to repay her if she is sued but if his income is so low he needs benefits how is she going to get any money from him.

That's what I said to her, but she's freaking out since they would sign the divorce on Friday. She's also confused with the form, she thinks is only valid for 5 years. I thought it was valid until they become US citizens. Can you shed some light?

[Merrytooth 5,748]

http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

How Long Does My Obligationas a Sponsor Continue?

Your obligation to support the immigrant(s) you are sponsoring in this affidavit of support will continue until the sponsored immigrant becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work in the United States.

Although 40 qualifying quarters of work (credits) generally equate to ten years of work, in certain cases the work of a spouse or parent adds qualifying quarters. The Social Security Administration can provide information on how to count qualifying quarters (credits) of work.

The obligation also ends if you or the sponsored immigrant dies or if the sponsored immigrant ceases to be a lawful permanent resident and departs the United States. Divorce does not end the sponsorship obligation

[Brian Porter 0]

Op, this form she signed is binding in federal court. The immigrant can try to put in state court, which depending on what state you live, this form can be used a a "bar" for support. However, these cases going to federal court are very,very rare.