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Can a spouse receive spousal support based on Affidavit of Support (I-864)?

San Antonio, TX |

I am getting a divorce and we lived together only for less than 6 months. He is a lazy immigrant who is unemployed. He is suing me for spousal support! I live in San Antonio, TX. Texas does not have alimony. Can the spouse receive spousal support based on the affidavit of support I signed to bring him oversees? Can he get that when he is purposely not working to get money from me?

Attorney Answers 4

  1. Best answer

    Yes, he can move to have the affidavit of support enforced.

    As you are aware, there is a procedure for a citizen of the United States to sponsor a noncitizen for immigration into the country. As a condition precedent to granting immigration status, the government requires the sponsor to execute an affidavit (Form I-864 Affidavit of Support), wherein the sponsor promises to support the immigrant seeking admission to the United States at a level not less than 125% of the national poverty level. The sponsor’s obligation to support the immigrant continues until one of the following circumstances occurs:
    (1) either the immigrant or the sponsor dies,
    (2) the immigrant achieves citizenship,
    (3) the immigrant leaves the United States and does not return, or
    (4) the immigrant maintains employment that qualifies for Social Security for a total of forty quarters of years. 8 C.F.R. 213a.2.

    The instructions for completing the form specifically state that “[d]ivorce does not end the sponsorship obligation.”

  2. Yes, he can do it. You may have a contractual right to reduce the support based on his duty to mitigate, depending on the laws of your state and your circuit.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

  3. No, Alimony is a separate issue than the I-864 affidavit of support. highly unlikely that he would be able to receive alimony based upon a 6 month marriage but you will need to consult with a family divorce attorney in Tx.

  4. I cannot comment on TX law, but he cannot enforce the AOF this way. AOF is there for a number of reasons but not for this. The problem is if he seeks government benefits, gets them on false presences and later on the government will figure out that you and an affidavit of support. They will then hit you with the bill. Sounds paranoid? I know. Facts from a real case. BTW, I would take offense with the "lazy immigrant" charge. Loath is a sin that pertains to immigrants much less than not immigrants.

    Site: email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.For legal advice please contact us directly through one of the above.

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