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If the immigrant refuses to work, can they be deported at the sponsors expense?

Asked over 2 years ago - Saint Petersburg, FL

My immigrant husband chooses to be a full time student and does not work. He already has a BS degree in Chemical Engineering and is pursuing an additional BS in Business. I signed the Affidavit of Support when I sposored him to come to the US. If I give him half of my salary I will not be able to sustain myself. I know the obligation ends if he leaves the coutry is there anyway to facilitate this process? We are in the process of divorcing which I know does not end the obligation. We also have funds overseas, I am allowing him to keep these funds in the divorce, is he required to use this money to support himself first?

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Attorney answers (1)

Scott D. Pollock

Reputation Level 17

Answered over 2 years ago. Immigration Attorney in Chicago, IL.

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While there are arguments that the affidavit of support requirement should not be binding in a divorce proceeding or a property settlement, I know there are cases in which a divorced spouse was able to obtain a judgment against his or her US citizen spouse based on the affidavit of support. Thus, it is not always so easy to avoid the obligations you undertook when you signed the I-864 affidavit of support. As you already know, divorce does not end your obligation. Nor will paying him a certain amount necessarily relieve you of the obligations. I think you should have an excellent divorce attorney and he or she should consult with an excellent immigration attorney in order to assess how you should approach this situation.

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