Matrimonial & Integrated Domestic Violence

Affidavits of Support – Impact

  • 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.
  • For State law purposes therefore, an obligation to support already exists.
  • The Affidavit of Support grants the sponsored immigrant standing to sue the sponsoring relative for failing to meet his/her obligations for financial support.
  • 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.
  • 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
  • The contract is legally enforceable. Moody v. Sorokina, 40 AD 3d 14 (2007)
  • The contractual obligation is valid until the immigrant relative becomes a US Citizen or can be credited with 40 qualifying quarters of work in the US.