Can I enforce an I-864 after divorce?

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Can I enforce an I-864 after divorce?

What are my chances? I’ve been married to an USC for 1.5 years and got the conditional green card 8 months ago. I just found out he is cheating on me. I’m not working at the moment.

Asked on May 13, 2013 under Immigration Law, Illinois

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The affidavit of support is not spousal support like in the event of a divorce.  That is something you may still be eligible for as part of your divorce, should you choose to go that route.  The affidavit of support is a contract between the sponsor and the government, whereby the sponsor agrees to reimburse the government for any means tested public assistance the government may have paid to you as the beneficiary.  It is, therefore, the government's to enforce.


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