Can I sue the one who filed for an affidavit of support for me before I got my green card due to abandonment and divorce?

Asked over 2 years ago - Huntington, NY

My soon to be ex-husband petitioned me to be an LPR. He filed an affidavit of support together with his mom for me. I am a victim of domestic violence abuse and he kicked me out of our house and he also filed for divorce. I've read that I can sue them for cutting off their support. How do I do that and which court should I file it with?

Additional information

Sorry to add this late... I have been an LPR for 8 years now. I am planning to obtain US citizenship soon. If I file for citizenship, would I still need my soon to be ex-husband?

Attorney answers (4)

  1. Hassan Hussein Elkhalil

    Contributor Level 15


    Lawyers agree


    Answered . You need to be resident for 5 years to be eligible to apply for citizenship. You have been a LPR for more than 8 years, so you meet this part of the requirements.
    As to the affidavot of support, no you cannot sue him for the affidavit of support. The affidavit of support is a contract between your husband and the government not you.

    Good luck

    Elkhalil Law Firm, LLC
    Hassan Elkhalil
    (770) 612-3499

    Disclaimer: This answer is for informational and educational use only. This answer does not create attorney-client relationship. For more details, I recommend a private consultation with an immigration lawyer.

  2. Michael Aaron Neufeld

    Contributor Level 12


    Lawyers agree

    Answered . You can not sue his based on the Aff. of Suport, if you have other grounds there is not enough detail, if he caused you physical injury you might be able to sue for that. Consult a civil attorney that is not an immigration issue. However if you are eligible to adjust to citizenship you definitly should.

  3. Neil Ian Fleischer

    Contributor Level 20


    Lawyer agrees

    Best Answer
    chosen by asker

    Answered . I think you may have a claim based on the affidavit of support

    See this article for details,0110-wheeler.shtm

    Neil I Fleischer (513) 977-4209 Note: Neil Fleischer is an attorney licensed in the State... more
  4. Robert West

    Contributor Level 20


    Lawyers agree

    Answered . You cannot sue based on the affidavit of support. You should have asked for everything during the divorce. Sorry.

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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