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

San Diego, CA |

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?

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Attorney answers 4

Best Answer

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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.



You are right. I was misinformed. Thank you!


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 client attorney relationship is not created. For a free consultation call (646) 253-0516.


Perfect, texbook answer by Mr. Behar.

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice. Mr. Leroi answers questions on Avvo because he strongly believes in public service from his years as a judge, magistrate, and prosecutor. If you need to ask any follow up questions because my answer did not fully address your question, feel free to call Chris or post an additional question. Thank you.


Agreed, Mr. Behar is right on the money.

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