Friday, March 7, 2014

Affidavit of Support - Immigration

As part of an immigration proceeding, a sponsor (often a future spouse) signs an affidavit of support.  This can have all sorts of ramifications in divorce.  The Form I-864 Affidavit of Support is a legally enforceable contract, meaning that either the government or the sponsored immigrant can take the sponsor to court if the sponsor fails to provide adequate support to the immigrant. In fact, the law places more obligations on the sponsor than on the immigrant -- the immigrant could decide to quit a job and sue the sponsor for support. There appears to be no law on this in Mississippi.  Many courts have interpreted this as a support provision enforceable by the state court and may be a factor in equitable distribution. 

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