Sponsored my wife's child - now she wants a divorce

M

MarkHammond

New Member
I have been married for only 1 1/2 years to a Russian citizen with her US green card. She obtained her green card before we became married. We traveled to Russia 8 months ago & brought back her 14 year old son to live with us in the US. I am the child's sponsor, under the I-864 form.

Now, my wife is divorcing me. What are my responsibilities towards the child moving forward? If my wife has a job and is earning 125% above the poverty level, does this remove my financial responsibility towards the child?

Thank you in advance for any pertinent information.
 
As long as she's making over 125% above the poverty level for her household size, you are good. If she's not, she can sue you to get her income above the poverty level.
 
MarkHammond said:
Now, my wife is divorcing me. What are my responsibilities towards the child moving forward? If my wife has a job and is earning 125% above the poverty level, does this remove my financial responsibility towards the child?
Click to expand...
While the child is living with her, the years when her income is 125% above the poverty line for the household would mean you don't have to pay as far as the affidavit of support is concerned. However, in some states the law may require you to pay something even though he's not your biological or adopted child, although probably not in your case because he has lived with you for such a short time.

Once the child moves out, it's the child's income that matters, not hers. But once the child becomes a citizen, which may happen automatically if your soon-to-be-ex wife becomes a citizen before he turns 18, the obligations of the Affidavit of Support are terminated.
 
VisaNutz said:
As long as she's making over 125% above the poverty level for her household size, you are good. If she's not, she can sue you to get her income above the poverty level.
Click to expand...

I'm still waiting for the precedents for this. The affidavit of support merely states that the sponsor's income and assets can be used for determination of means-tested benefits (generally rendering the sponsored alien ineligible) and promises to repay the government. It places no obligation upon the sponsor directly to the alien.
 
TheRealCanadian said:
I'm still waiting for the precedents for this. The affidavit of support merely states that the sponsor's income and assets can be used for determination of means-tested benefits (generally rendering the sponsored alien ineligible) and promises to repay the government. It places no obligation upon the sponsor directly to the alien.
Click to expand...

What Does Signing the Form I-864 Require Me to do?
If an intending immigrant becomes a permanent resident in the United States based on a Form I-864 that you have signed,
then, until your obligations under the Form I-864 terminate, you must:
-- Provide the intending immigrant any support necessary to maintain him or her at an income that is at least 125 percent
of the Federal Poverty Guidelines for his or her household size (100 percent if you are the petitioning sponsor and are
on active duty in the U.S. Armed Forces and the person is your husband, wife, unmarried child under 21 years old.)

Form I-864, page 7
 
VisaNutz said:
As long as she's making over 125% above the poverty level for her household size, you are good. If she's not, she can sue you to get her income above the poverty level.
Click to expand...

Great, thank you. This is very helpful. It sounds like as long as she has a job, I should be OK. I don't mind paying for the child's expenses - I made that commitment to him when I sponsored him - however, I don't want to be taken advantage of.
 
This forum has turned out to be a great resource for immigration related issues. Can anyone recommend an active forum dealing with spousal support topics? Thank you.
 
MarkHammond said:
Great, thank you. This is very helpful. It sounds like as long as she has a job, I should be OK.
Click to expand...

Youre OK as long as she has a job (which pays enough) AND he is living with her. Once he grows up and moves out, it's his own assets and income that would matter, not hers. Of course, that's unless he becomes a citizen by then, which would terminate the obligations of the Affidavit of Support.
 
You must log in or register to reply here.
Top