"As part of the immigration requirements, husband filed an affidavit of support with the United States Citizenship and Immigration Services (USCIS). The sponsorship affidavit, Form I-864EZ, included husband's promise to provide financial support for wife equaling 125% of the federal guidelines for the poverty level of income. The form stated the circumstances under which husband would be relieved of the obligation to support wife, expressly indicating that divorce was not such a circumstance. "
Choudry v. Choudry n/k/a Bashir, New Jersey App. Div., August 14, 2103
Charles Abut Esq.
Hackensack NJ
(201)342-0404
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Original Message:
Sent: 06-03-2015 11:41
From: Alexandra Conti
Subject: Effect of I-864 Affidavit of Support on Divorce
Husband petitioned for wife, and she was given temporary green card in December 2014. Parties are now divorcing. I understand that the sponsor is responsible until qualifying event occurs (naturalization, death, etc). If I file a pendente lite support motion, how do courts treat support-is it by the poverty guidelines, or from her actual shortage of income vs. expenses on the Case Information Statement.
Thank you in advance!
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Alexandra Conti Esq.
Union NJ
(908)810-8588
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