I married a guy from another country in 2013 and brought him over on Conditional green card. As part of that I had to sign the i864 Affidavit of Support. He had to complete the immigration paperwork and joined me in the US in 2015 after 1.5 years.
Unfortunately things didnt work out and I filed for divorce in 2016. I supported him for half the time as per the divorce laws in California but court stopped the support after an year.
He is now saying I owe him support for 10 years based on the i864 contract. He is not working after the divorce and lives with a friends family. Even if he has that right, does the 10 years start from the time I married him in 2013, or from 2015 when he came to US on a Green card ? That way if its 2013, my 10 year obligation would end faster. Can he really ask for support and would the courts do that ?
It started when he became a resident. If he got an immigrant visa ... it would be the day he got off the plane.
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The I-864 is absolutely an enforceable contract and has been since 1996. Under Ninth Circuit (Erler v. Erler) and California (Marriage of Kumar) law, the I-864 may be enforced by its beneficiary. An individual's financial liability will depend on the facts of a particular case, principally the income of the beneficiary/plaintiff. Under the Dorsaneo case, a defendant in California may not make use of contract law defenses, including by application statute of limitations (i.e., there is no deadline for when he needs to file his claim).
Please do not rely on this general information without consulting an attorney. There may be facts about your situation that would be very important to how an attorney would advise you to proceed. An attorney would need to talk with you in detail before giving you specific advice.
You 10 year obligation kicked in on the day your ex landed on US soil and activated his immigrant visa.
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The I-864 is an enforceable contract in the courts from the issued date of the green card.
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