Affidavit of Support Alimony

Sponsoring a spouse for permanent residency involves signing Form I-864, the Affidavit of Support. This legal commitment binds you to financially support your spouse until specific conditions are met, including citizenship or 10 years of work credits. Understanding your obligations is crucial to avoid legal consequences.

Affidavit of Support Alimony

Affidavit of Support Alimony

When sponsoring your spouse for lawful permanent residency (a green card), you signed Form I-864, Affidavit of Support under Section 213A of the INA.

This constitutes a legally binding contract with the government, obligating you to provide necessary financial support to your spouse until specific conditions are met:

• They attain U.S. citizenship.
• They accumulate 40 quarters (equivalent to 10 years) of Social Security work credits.
• They pass away.
• They lose their lawful permanent resident status and depart the U.S.

Click to download the Affidavit of Support Alimony

What Does The Affidavit Of Support Require?

You are liable for paying back the government for the cost of any means-tested public assistance your spouse may receive, which are payments based on low income. The organization that provided the benefits may file a lawsuit against you to recover unpaid fees.

What if there were joint sponsors?

Reimbursing the public benefits costs falls on you and the other person or people who combined your income with theirs to achieve the minimal requirements to sponsor your spouse. You are all, in fact, held entirely accountable. In the event that one of you is sued in court, claiming that the other jointly sponsored your spouse will not serve as a defense.

Does divorce end my obligation?

Does divorce end my obligation?

No. In a divorce, you can have to pay alimony, also known as "spousal support," in addition to having to divide your marital assets with your ex-spouse. If your spouse receives means-tested public benefits, you will still be responsible for repaying the government for those benefits.

Is there anything else I should know?

Indeed. You have thirty days to notify U.S. Citizenship and Immigration Services (USCIS) of any address changes resulting from your divorce. To accomplish this, submit the Sponsor's Notice of Change of Address Form I-865. There could be a fine if the USCIS is not notified as soon as possible. 
Get in touch with the ACC Group Law Office if you have any inquiries regarding the impact of divorce on you as an immigrant or as the sponsor of an immigrant.

Contact ACC Law for more detailed information at:

• Hotline: 19003330

• Mobile: 084.696.7979

• Zalo: ACC Law Firm

• Office: (028) 777.00.888

• Mail: [email protected]

At Main Office: Ho Chi Minh City: 39 Hoang Viet, Ward 04, Tan Binh District, City. Ho Chi Minh.

Or other branches of ACC Law:

• Da Nang: 432 Nguyen Tri Phuong, Hoa Thuan Tay Ward, Hai Chau District, Da Nang City

• Hanoi: 8th Floor, 18 Khuc Thua Du, Dich Vong Ward, Cau Giay District, Hanoi City

• Binh Duong: 121 Tran Binh Trong Street, ward. Phu Tho, Thu Dau Mot City, Binh Duong

• Dong Nai: 45 Dong Khoi, Group 41, Quarter 8, Tan Phong Ward, City. Bien Hoa Dong Nai

FAQ - Frequently Asked Questions

1. What are the obligations outlined in the Affidavit of Support (Form I-864)?

   The Affidavit of Support legally binds you to provide financial support to your spouse who is seeking lawful permanent residency in the U.S. You are responsible for this support until your spouse meets specific conditions, such as obtaining U.S. citizenship, accumulating 40 quarters of Social Security work credits, passing away, or losing their lawful permanent resident status and departing the U.S.

2. What happens if there were joint sponsors involved in the sponsorship process?

   If you had joint sponsors to meet the financial requirements for sponsoring your spouse, all sponsors are collectively liable for reimbursing the government for any means-tested public assistance your spouse may receive. Even if one sponsor is sued for unpaid fees, claiming that another sponsor was involved won't serve as a defense.

3. Does divorce terminate my financial obligation outlined in the Affidavit of Support?

   No, divorce does not absolve you of your responsibility outlined in the Affidavit of Support. Apart from potential alimony payments and division of marital assets, if your ex-spouse receives means-tested public benefits, you remain liable for repaying the government for those benefits.

4. Is there a requirement to notify USCIS in case of address changes resulting from divorce?

   Yes, you are required to inform U.S. Citizenship and Immigration Services (USCIS) within thirty days of any address changes resulting from divorce. Failure to do so could result in fines. You can notify USCIS by submitting the Sponsor's Notice of Change of Address Form I-865. For further assistance or inquiries regarding the impact of divorce on your immigration status or sponsorship obligations, you can contact ACC Law at the provided contact details.