Is it too late for my wife sue her sponsor for 125% the poverty level (Affidavit of Support)?

After my wife and her husband separated, she was not supported by her husband, who is her sponsor and signed the Affidavit of Support. She lived with me and I supported her. She was in the USA for over a year, from November 2010 to December 2011, without the support he is legally supposed to provide. We have been outside the USA for almost two year in December. She is now my wife and we are in Germany right now. I'm aware he does not need to support her now, but isn't he responsible for the time she spent in the USA without his support, or is it already too late to sue him for it?

San Diego, CA -

Attorney Answers (4)

Giacomo Jacques Behar

Giacomo Jacques Behar

Immigration Attorney - San Diego, CA
Answered

You've got it all wrong. Her ex-husband does not owe anything to your wife under the affidavit support. The financial responsibility and liability is only to the US government in case she obtained US government welfare or food stamps. There is no responsibility or obligation to private parties, including the sponsored immigrant.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
Irene Vaisman

Irene Vaisman

Immigration Attorney - New York, NY
Answered

no, move on with your life

Irene Vaisman, Esq. 11 Broadway, Suite 615 New York, NY 10004 (646) 253-0516 This is not legal advice and a... more
Christopher Daniel Leroi

Christopher Daniel Leroi

Business Attorney - Greenwood Village, CO
Answered

Perfect, texbook answer by Mr. Behar.

The information provided in this answer does not create an attorney-client relationship and is not considered to... more
Edward Calvelo Pamintuan

Edward Calvelo Pamintuan

Criminal Defense Attorney - San Diego, CA
Answered

Agreed, Mr. Behar is right on the money.

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