A person sponsoring an immigrant to enter the U.S. will often sign an Affidavit of Support (Form I-864). Often, sponsors and immigrants will later marry. However, if the marriage ends in divorce in Family Court, can the immigrant request the judge to enforce the Affidavit of Support? If so, what is the effect on any alimony claim the immigrant spouse may have? This is a complex area of family law and the assistance of an immigration lawyer as well as the family lawyer is often a wise investment.
The I-864 is a written agreement between the sponsor and the U.S. government. The sponsor agrees to provide financial support to the immigrant reducing a taxpayer burden should the immigrant legally enter our country. Florida family courts are permitted to enforce the I-864 even though the sponsor agreement and immigration law are matters under Federal law.
The I-864 requires that the sponsor agree to provide financial support to the immigrant at 125% of the Federal poverty level. This obligation continues until the immigrant leaves the U.S., becomes a U.S. citizen, dies or is employed for a sufficient period of time to qualify for Social Security retirement benefits (typically, ten years). In the event of a divorce, the Florida alimony statute (Chapter 61.08, F.S.) provides a number of specific factors a court is to consider in determining the entitlement to, amount of and duration for alimony. These factors may provide a family court judge with the option to grant an amount of alimony that may exceed, be equal to or even less than the 125% number provided in Federal law. As an alternative, however, one commentator, Ahmed Yakzan, Esq., in Tampa has suggested that the immigrant spouse treat the Affidavit of Support as a contract obligation and pursue the full 125% amount as alimony and support regardless of the factors found in Florida’s alimony statute.
Immigration law and divorce is a complex area and our office has represented many immigrants and sponsors in divorce and support settings. We are here to assist you if needed.