Immigration Child Support

Immigration & Financial Support

What happens if a person living in Minnesota, who is a legal resident alien, gets divorced within 10 years from the date the spouse executed the Immigration Sponsor forms? Does the sponsor have to provide financial support for the immigrant because of their promise to the government? The short answer is usually yes.

When a person comes to the United States and marries a U.S. citizen, in most cases, the U.S. spouse becomes the “sponsor” of the alien. The sponsor declares by signing the I-864, Affidavit of Support, under Section 213A of the Act ( meaning the immigration law), that he or she will provide financial support for the immigrant. The affidavit clearly tells the signor, that by agreeing to be a sponsor he/she is agreeing that a “contract” between the United States and the sponsor has been created, making the sponsor obligated to support the immigrant.

The contract is between the sponsor and the U.S. government. The sponsor promises the government that the sponsor will provide financial support for the immigrant for a period of time, up to (10) years The income and assets of the sponsor are “deemed” to be available to the immigrant for support. It means that the immigrant may be ineligible for government benefits because of the sponsor’s income and assets. What happens in a divorce? The immigrant may sue the sponsor for support.