Payment Under Affidavit or Support

Payment Under Affidavit or Support in Southfield, Ann Arbor & Detroit

The US government attempts to limit the number of people who enter the Unites States that do not have the means to support themselves and also those who have not made arrangements for such support. Getting a US “sponsor”, a current US citizen who is willing to sign a legally-binding support contract, is the typical arrangement. The objective is to prevent the immigrant who may not be able to support themselves from becoming a charge of the US. As a sponsor, you are accepting financial responsibility for the immigrant, demonstrating your willingness and ability to support them.

Form I-864, Affidavit of Support is a contract that binds the immigrant’s “sponsor” in the US and is enforceable in the event of a family separation or marital divorce. The financial obligations of marriage extend to people who marry people with immigrant status. In conjunction with child and other support payments, the law attempts to keep the immigrant from becoming a financial burden on the US government in the event of a family breakup or divorce. The usual requirement is for the immigrant’s sponsor to pay 125% of the minimum amount of money needed to meet Federal Poverty Guidelines. In addition, a US sponsor who becomes divorced may be asked by the state to reimburse any state or federal agency that provides benefits such as Food Stamps or Medicaid.

The Affidavit of Support will be enforced until the immigrant becomes a citizen of the US, works in the US for 40 quarters, is the subject of removal from the US, dies or otherwise departs from the US.

If you are an immigrant contemplating divorce you need to know your legal rights to be financially supported by your sponsor. At the Law Offices of Rathi and Associates we are experienced and compassionate advocates for the legal rights of immigrants living in the United States. In the event of a divorce or separation, your sponsor/spouse who has signed the Form I-864 may be legally obligated to provide you and your family with financial support until you are gainfully employed or leave the country.

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