IMMIGRANTS, DIVORCE & THE I-864

Immigrants, Divorce & the I-864

I-864 Support

When filing a family-based petition for immigration to the U.S., a specific form known as an I-864 or the Affidavit of Support is required to be filed with the INS. The sponsoring spouse must support the sponsored spouse to a certain level.

If you are a sponsored spouse or a sponsor, it is important that you hire a Family Lawyer who understands the complexities of the I-864 in the context of divorce or legal separation, because the obligation of the sponsor does not always end in the event of divorce or even remarriage.

The conditions under which I-864 support ends include:

  • The sponsored person is granted U.S. citizenship
  • The sponsored person has been credited with at least 40 quarters of work per the Social Security Act
  • The sponsored person has left the United States and is no longer a permanent resident
  • After a deportation order, the immigrant seeks residency and a new I-864 sponsor
  • The sponsored person dies

Call Heyde Family Law & Mediation if you are involved in a divorce with a sponsor or a sponsored spouse. We can help you enforce or defend against enforcement of the I-864.

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