Will the sponsor now have to give actual cash for the CR spouse and set them up with housing and everything else? If CR spouse is not working, but is an ex-spouse, how can the sponsor be assured the support is going only toward the CR spouse and not his (either girlfriend or new spouse)?
I understand affidavit of support is between citizen spouse & government. But in practice, couldn't the divorced CR spouse simply make unwise financial decisions and drain citizen spouse of all they have. So long as ex- CR spouse does not apply for welfare, how is the financial support actually exercised? Again, if they are now with someone else, what evidence would citizen spouse have that money is not just being squandered and misused?
Your question is a bit unclear. To answer intelligently and completely an attorney would need to know the precise procedural history of the case. If you are saying the foreign national is a conditional resident then there are a host of issues an attorney would need to address.
I believe you are asking if the sponsor on the I-864 will be responsible for costs as part of a divorce settlement. See this Bar Journal article which discusses some of the issues with I-864 and especially how it has been used in some proceedings even post-divorce. You can search for it in the Florida Bar Journal website. The title is as follows: "Immigration Form I-864 (Affidavit of Support) and Efforts to Collect Damages as Support Obligations Against Divorced Spouses — What Practitioners Need to Know."
Finally, be sure to consult with an excellent immigration attorney and an excellent family attorney who can advise you and fully answer your questions after speaking at length about your situation.
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If you are asking about the Affidavit of Support (I-864):
Affidavits of Support are contracts with the US government wherein the person who signed them agrees to reimbures the Federal government for the costs of certain means tested benefits, if the immigrant requires and is given those benefits. The US government can sue to obtain that reimbursement.
Affidavits of Support cannot be withdrawn once accepted by the government. They remain in effect until one of the following events take place:
1. The person for whom it was filed has legally worked for 40 quarters in the US.
2. The person for whom it was filed becomes a US citizen.
3. The person for whom it was filed permanently leaves the US.
4. The person for whom it was filed dies.
5. The person who submitted the Affidavit of Support dies.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
I have a feeling though I am not sure, that I already answered this question before. Anyway, I-864 obligation can only be terminated by a Court order, which is very difficult to get or automatically upon death or naturalization of the CR spouse. You will still be obligated to support the CR spouse even if s/he is remarried.
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