in 2001 a friend immigrated to the US on a fiancee VISA and married his ex wife.
In Oct 2001 His ex and her mother executed a joint I-864 affidavit of support contract.
He became a Permanent resident.
in Oct. 2008 he permanently separated from his wife
in April 2011 he obtained his citizenship.
Between 2008 and 2011 he made little to no income to support himself and only lived on loans from his family overseas that he still trying to repay. His income was significantly below 125% federal poverty level.
In April 2012 he filed for divorce and In Feb 2013 he received his divorce decree.
It's now 6/2013. Can he sue the ex-wife and her mother for back support arrears? or is it too late because he is now a US citizen? is there a statute of limitations?
Affidavits of Support are contracts with the US government wherein the person who signed them agrees to reimbures the Federal government for the costs of certain means tested benefits, if the immigrant requires and is given those benefits. The US government can sue to obtain that reimbursement.
Affidavits of Support cannot be withdrawn once accepted by the government. They remain in effect until one of the following events take place:
1. The person for whom it was filed has legally worked for 40 quarters in the US.
2. The person for whom it was filed becomes a US citizen.
3. The person for whom it was filed permanently leaves the US.
4. The person for whom it was filed dies.
5. The person who submitted the Affidavit of Support dies.
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