What procedures have I to take to enforce the form I-864 Affidavit of Support that my husband who is U.S. citizen signed for me and my son? Our divorce is pending. My husband is paying an interim spousal support now. After divorce would be final, I hope he would continue to pay me some spousal support. Our marriage was pretty short, just 2.5 years. If he won't pay any spousal support, how can I enforce from the immigration point of view Affidavit of Support that he signed for me and my son?
I must disagree somewhat with the other attorney's post. Yes, you should definitely secure a family lawyer to help you with the divorce and all the related issues, such as child support, division of assets, etc. However, the I-864 affidavit of support IS an enforceable contract. The sponsored immigrant, state government or federal government have the right to enforce this contract. It may not gain you much, since it only creates an obligation to support the sponsored immigrant at 125% of the poverty level.
I strongly advise consulting with an immigration attorney before filing any papers with immigration, particularly if the person for whom you are filing has any past negative immigration or criminal history and is in the United States. There is always a risk of removal from the United States.
If you are hoping to collect money from your husband in the form of support, the affidavit of support is not the right vehicle to do so.
Contact a family lawyer to discuss your case.
You cannot enforce the affidavit of support.
You may wish to read up on the information concerning affidavit of support on the uscis.gov website.
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