I-864 Affidavit of Support

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.