Affidavit of Support (I-864)

[alaskanicelander 2]

Does anyone have any experience on what a foreign spouse is entitled to when it comes to the I-864 support.  In particular, if the two are married after the sponsor has already retired from the military, is the foreign spouse entitled to the sponsor's military retirement when it comes to the I-864 support requirements?

 

Thanks

[USS_Voyager 1,972]

41 minutes ago, alaskanicelander said:

Does anyone have any experience on what a foreign spouse is entitled to when it comes to the I-864 support.  In particular, if the two are married after the sponsor has already retired from the military, is the foreign spouse entitled to the sponsor's military retirement when it comes to the I-864 support requirements?

 

Thanks

I don’t think it’s that specific nor they can touch the military retirement or social security. Basically it’s an equivalence to court-ordered spousal support/alimony. I believe some courts have ruled that it equal to the poverty income for one person. Of course on the other side of it, you have to be in a much better shape financially. For example, if you come in front of a judge and basically say you’re dead broke and you live in a dumpster, and you survive on $500/month military retirement, no judge is gonna give the spouse anything because there is nothing from you to give. On the other hand, if you have a house and two antique cars and $5000/month income, the judge is gonna order you pay your spouse support

Edited October 24, 2019 by USS_Voyager

[Villanelle 4,122]

Military pay is exempt from commercial debts. However under the Uniformed Services Former Spouses' Protection Act, child support, spousal support, or a property division are allowable. The 864 is not a commercial debt.

 

The 864 can be used 2 ways costing you money. One is the government collecting from the sponsor for benefits paid to the immigrant covered by an 864. The other is if it is used in divorce proceedings. Both would allow garnishment.