Skip to main content

Getting Financial Support From Your Immigration Sponsor & Ex-Spouse – How to Obtain the Signed Form I-864 That Your Sponsor Signed

A short write up addressing a rarely discussed immigration topic...

The I-864, Affidavit of Support, is a critical document that enables a US citizen or Permanent Resident to “sponsor” a family member (such as a spouse, fiancé or child) to immigrate to the US. When signed, the I-864 legally requires the sponsor to financially support the beneficiary immigrant or to pay the intended immigrant at least $1,342 per month if the immigrant does not earn that amount (the actual amounts vary based on year, geography and personal circumstances).

In the case of a divorced or separated couple, where the sponsor spouse financially abandons the immigrant spouse, the financial obligations imposed by the I-864 become very important. The intended immigrant can hire an attorney – usually with no upfront costs – and sue the sponsor to obtain that financial support. The first step in doing so is obtaining a copy of the Form I-864 that the sponsor signed. This can sometimes be tricky, especially since the immigrant spouse does not have to sign the I-864 and may not have it. But there are ways to obtain it if that is the case.

An experienced attorney should be able to get the signed Form I-864. However, these methods of getting the signed I-864 can be performed by anyone. There are essentially two simple methods.

If the initial immigration application papers were reviewed or handled by an immigration lawyer, the first place to start is there. They usually have copies of everything that was submitted. Ask the lawyer who oversaw the initial application for a copy. In some instances, the lawyer may refuse or stall, but being persistent usually works. They owe you a copy of your file.

If no lawyer was used and the sponsor does not have a copy of the signed form (or requesting it from the sponsor is not possible), there is another method that can be used – a Freedom of Information Act (FOIA) request to the Department of Homeland Security for the immigrant’s “Alien File” or “A-file.” This is the collection of documents that the DHS maintains for foreign-born individuals who have arrived in the US as immigrants or nonimmigrants. The A-file will include the signed I-864 and can be obtained by completing and submitting a Form G-639. In the rare event that the DHS will not produce the signed Form I-864 unless the sponsor formally makes or joins in that FOIA request, a judge can compel the sponsor to do so.

Once the signed Form I-864 is obtained and presented, a major hurdle in putting together a strong case has been cleared.

submitted by /u/JoeGentileESQ
[link] [comments]

source https://www.reddit.com/r/immigration/comments/po78vx/getting_financial_support_from_your_immigration/

Popular posts from this blog

Form I-485, Application to Register Permanent Residence or Adjust Status -

Uscis.gov - USCIS August 28, 2024 at 05:12AM Form I-485, Application to Register Permanent Residence or Adjust Status Edition Date: 08/28/24. Starting Oct. 28, 2024, we will accept only the 08/28/24 edition. Until then, you can also use the 04/01/24 edition. You can find the edition date at the bottom of the page on the form and instructions. from RSS Feed

N-400 form {"data":null,"error":{"developerMessage":null,"userMessage":null}} message

A few questions: I filed my N400 naturalization on March 23, 2020. Nearly one year later on Feb 2021 they sent me a notice that they'll reuse my biometrics from my green card application, but they won't refund the biometric fee! At the same time April 2021 showed up on my account as the expected completion date. Last week, the status was "17 days". Today the estimated time of completion has disappeared!!! Any idea what that means? More importantly - When I click on "View PDF" link under "N-400 Application for Naturalization", to see my actual N-400 form, I get " {"data":null,"error":{"developerMessage":null,"userMessage":null}} " message! The form is also missing under "Documents -> Your Uploads" tab! So, it appears that my N400 form is missing! What does that all mean, considering that it's impossible to file without N400 form! Finally, under profile, My name is incorrectly sp...

Form G-1055, Fee Schedule -

Uscis.gov - USCIS October 11, 2024 at 09:02AM Form G-1055, Fee Schedule Edition Date: 10/11/24. You can find the edition date at the bottom of the page of Form G-1055, Fee Schedule. from RSS Feed