How valid is affidavit of support after divorce

A

ajaykumar88

New Member
I just got divorced from my wife 2 months back. I am a US citizen and I sponsored her on I-130. The only thing is that her affidavit of support was given by me and my brother jointly.
Now after divorce do we both, still hold her responsibility (if yes, upto what point and extent). What if she does something illegal or wrong, while my given affidavit is still valid?. Is there a way that affidavit can be voided now (atleast from my brother’s side). Rest I think till she becomes citizen, affidavit will be valid.
 
A divorce does not end the liability of a sponsor(s) on I-864. It will only terminate by certain events, her becoming a USC is one of them.
If she does anything unlawful you are not responsible for it.
You are responsible only for the cost if she claims any means tested benefits such as Welfare, Food stamps, Medicaid etc. You and your brother will have to reimburse the government for that.
 
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Just one concern

Hello
Thanks a lot for your response. From where can I get access to legal information regarding what all liabilities and responsibilities we still hold because of affidavit of support. Especially in case I need to convince my brother. Any uscis article or other information source
 
Hello
When can she file I-751 ?. Does she still need to wait till GC expiration date or anytime she can file (though its not 2 yrs yet) ?. But I believe untill she gets citizenship, affidavit liability will be valid (even through process of getting citizenship)
 
ajaykumar88 said:
Hello
Thanks a lot for your response. From where can I get access to legal information regarding what all liabilities and responsibilities we still hold because of affidavit of support. Especially in case I need to convince my brother. Any uscis article or other information source
Click to expand...

For your brother, show him the I-864P at: http://www.uscis.gov/files/form/i-864p.pdf

For more information, read the I-864 form and instructions. www.uscis.gov See also INA section 213A on the laws tab.

You are on the hook for life or until:

She naturalizes,
gets deported,
her status is terminated,
she works full time for 10 years (40 qualifying quarters for Social Security vesting),
she abandons greencard status, or
dies. (Re-marriage does not stop it.)

Your financial obligation, if she tries to enforce it, is to maintain her at 125% of the poverty level as shown on the I-864P.

The I-864's are on file and any aid agency can contact USCIS via the SAVE Program to find out who is financially responsible for her. You and your brother are obligated to update change of address info via I-865, but the government can find you via your SSN.
 
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