Family Court may consider an I-864 Affidavit of Support as a justification for deviating from support guidelines, where applicable.
- The I-864 Affidavit of Support is a legally binding contract, signed by the “sponsor” (USC/LPR) showing the US government that the “sponsor” has the financial means to support the immigrant spouse/child and that the immigrant will not utilize public assistance.
- The Affidavit of Support grants the sponsored immigrant standing to sue the sponsoring relative for failing to meet his/her obligations for financial support.
- The contract has been found to be legally enforceable in state courts. Moody v. Sorokina, 40 AD 3d 14 (2007). And, is valid until the immigrant relative becomes a US Citizen or can be credited with 40 qualifying quarters of work in the US.