Affidavit of support post divorce

[EnuffsEnuff 0]

My apologies for and foremost for not filing out the timeline info. Just in search of some general help and I don't have all the dates with me. 

 

I met my now ex wife in 2019. We filed for k1 visa and the k2s foe her two minor children. After all the covid fiasco happened, she wasn't able to come to the states until early 2022. We got married in March of 2022. Our daughter was born that December. 

 

Things unfortunately did not work out and in the end, I ended up filing for divorce in May of 2024. The divorce was finalized in early February of this year. We came to an agreement regarding spousal/child support as well as custody of our biological child with me being named the custodial parent. I had not yet adopted her two children, so they were not part of the stipulation. However I do still provide support for them and provide babysitting services when the ex is at work. 

 

Now that the divorce has been finalized we are on good terms. 

 

She talked to me yesterday and told that she is pregnant. Apparently she had hooked up with someone she met on a dating app soon after moving out of the house. She said she was scared and lonely. 

 

Our divorce decree did not cover the Affidavit of Support. However, I know that legally she could file a lawsuit against me to have it enforced. With her situation now, being pregnant, would I assume any responsibility in regard to the Affidavit of Support? Of course she could be awarded monies bases upon the Federal Poverty Guidelines and her household size will soon be 4.

 

[OldUser 8,512]

Affidavit of support is agreement between you and US government. It's not about you giving cash to ex spouse. It's about paying US government back if immigrant spouse / ex spouse uses public funds.

 

Just pay child support and any alimony if applicable. Consult with a lawyer if you have further doubts.

Edited March 26 by OldUser

[EnuffsEnuff 0]

3 hours ago, OldUser said:

Affidavit of support is agreement between you and US government. It's not about you giving cash to ex spouse. It's about paying US government back if immigrant spouse / ex spouse uses public funds.

 

Just pay child support and any alimony if applicable. Consult with a lawyer if you have further doubts.

I'm just curious about having to pay back what she might use to help with the pregnancy and unborn child. It's not my child. I fully understand supporting her and the two children I sponsored. But the affadavit should stop there and not potentially require payback on my part for funds used to help with offspring as a result of one night stands and or future relationships.

Edited Wednesday at 10:38 PM by EnuffsEnuff

[Lemonslice 5,060]

1 hour ago, EnuffsEnuff said:

I'm just curious about having to pay back what she might use to help with the pregnancy and unborn child. It's not my child. I fully understand supporting her and the two children I sponsored. But the affadavit should stop there and not potentially require payback on my part for funds used to help with offspring as a result of one night stands and or future relationships.

Does she have health insurance?  

[EnuffsEnuff 0]

5 hours ago, Lemonslice said:

Does she have health insurance?  

No. I've encouraged her to get insurance several times as her two kids and her are not covered, but it's not a priority to her. She's nearly 30, but has the mentality of a teenager. I don't believe she's eligible for Medicaid either as with the monies I'm giving her and her income, she's making too much. But her employer doesn't offer insurance unless for those under 35 hours per week. 

[MalloryCat 477]

the I-864 is a contract to the government. you are obligated to repay the government for any means-tested public benefits the sponsored immigrant receives. the only thing you are required to do is financially support the immigrant(s)

 

you wouldn't want her to be on medicaid in the first place, that is a means-tested public benefit that you would have to repay back to the government. regardless most often (depends on the state) greencard holders have to wait 5 years before they are considered eligible for medicaid (https://www.healthcare.gov/immigrants/lawfully-present-immigrants/) however, her being pregnant does mean the 5 year waiting period for medicaid could be waived, but that depends on the state. i assume she became a green card holder within the last 3 years?

 

however, the baby she is pregnant with will be a U.S. citizen. from my understanding you would not be responsible for paying back anything to the government if the baby ends up on medicaid. as A. they will be a US citizen, B. its not yours, C. whoever the biological father is would be responsible for child support.

"No. Sponsors are not responsible for benefits used by the sponsored immigrant’s citizen children or by any other “nonsponsored” family members." (https://www.nilc.org/resources/sponsored-immigrants-and-benefits/)

 

I would also suggest speaking with an attorney if you're still not sure. possibly an immigration attorney specifically.

[EnuffsEnuff 0]

1 hour ago, MalloryCat said:

the I-864 is a contract to the government. you are obligated to repay the government for any means-tested public benefits the sponsored immigrant receives. the only thing you are required to do is financially support the immigrant(s)

 

you wouldn't want her to be on medicaid in the first place, that is a means-tested public benefit that you would have to repay back to the government. regardless most often (depends on the state) greencard holders have to wait 5 years before they are considered eligible for medicaid (https://www.healthcare.gov/immigrants/lawfully-present-immigrants/) however, her being pregnant does mean the 5 year waiting period for medicaid could be waived, but that depends on the state. i assume she became a green card holder within the last 3 years?

 

however, the baby she is pregnant with will be a U.S. citizen. from my understanding you would not be responsible for paying back anything to the government if the baby ends up on medicaid. as A. they will be a US citizen, B. its not yours, C. whoever the biological father is would be responsible for child support.

"No. Sponsors are not responsible for benefits used by the sponsored immigrant’s citizen children or by any other “nonsponsored” family members." (https://www.nilc.org/resources/sponsored-immigrants-and-benefits/)

 

I would also suggest speaking with an attorney if you're still not sure. possibly an immigration attorney specifically.

Thanks. The father of the unborn child was some person she met on a Tinder like app. A one time thing. She has no contact with that person. 

[MalloryCat 477]

2 minutes ago, EnuffsEnuff said:

Thanks. The father of the unborn child was some person she met on a Tinder like app. A one time thing. She has no contact with that person. 

that does not make you responsible for the child legally.

 

she can try to find the guy and take him to court for child support.

 

unless you take legal claim for the child, you do not have to pay for it

[JeanneAdil 6,784]

Page 8 of the I 864 that expires 10/2027

 

https://www.uscis.gov/sites/default/files/document/forms/i-864.pdf

 

Provide the intending immigrant any support necessary to maintain him or her an income that is at least 125 percent of the Federal Poverty Guidelines for his or her household size

 

how they would figure for a partial responsibility i have no idea

 

you should know she may say new baby is yours so prepare for DNA testing if necessary

a lot is going to depend on the agreement u both signed for the divorce and her behavior issues (if any)

people can be vindictive 

 

[EnuffsEnuff 0]

And I would have zero problem with a paternity test. We haven't been intimately involved for over two years. But she's very vindictive and manipulative and always wants revenge. Some of the reasons why I divorced her.