- When one spouse/parent/child is a US Citizen or LPR and other spouse/child is an immigrant, the spouse or parent may have signed an Affidavit of Support (USCIS Form I-864) on behalf of their spouse, parent or child.
- The Affidavit of Support (federal) grants the sponsored immigrant standing to sue the sponsoring relative in state court for failing to meet his/her/their obligations for financial support.
- For state law purposes, therefore, an obligation to support already exists.
- Affidavit of Support is a legally binding contract showing the US government that the “sponsor” (USC/LPR) has adequate financial means to support the immigrant spouse/child.
- If the sponsor’s income is insufficient, a joint sponsor is allowed.
- The affidavit of support helps ensure that new immigrants will not need to rely on public benefits such as Food Stamps, Medicaid, Supplemental Security Income (SSI), and Temporary Assistance to Needy Families (TANF).
- The contract is legally enforceable. Moody v. Sorokina, 40 AD 3d 14 (4th Dept 2007)
- The contractual obligation is valid until the immigrant relative becomes a US Citizen or can be credited with 40 qualifying quarters of work (typically 10 years) in the US.
