NJSBA Family Law Section

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  • 1.  Immigration support affidavit

    Posted 12-28-2017 03:10 PM
    I know the affidavits are enforceable in the Family Part, but question: Do they create an obligation if the immigrant (soon to be former spouse) is employed? Is there a threshold? My understanding is that they're designed to prevent an immigrant that one sponsors from becoming a public charge rather than an automatic obligation / entitlement to the marital lifestyle (especially on a five month marriage).

    Thanks.


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    David Perry Davis, Esq.
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  • 2.  RE: Immigration support affidavit

    Posted 12-28-2017 03:30 PM
    The immigration support affidavit is a contract between the citizen spouse and the US government.
    If the foreign national spouse applies for welfare benefits, the US government can sue to get the monies from the citizen spouse.

    The income guidelines that the couple are required to meet are 125% of the Federal Poverty Guidelines.
    The foreign national has an obligation to look for employment and the obligation ends if the foreign national works for 5 years or becomes a US citizen.

    There seems to be a lot of confusion by family law practitioners and judges about how that obligation translates to a support or alimony obligation.
    It really has nothing to do with marital lifestyle.
    Asma Warsi, Esq.
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  • 3.  RE: Immigration support affidavit

    Posted 12-28-2017 03:47 PM
    Asma,
    Thank you for the information. That is most helpful.
    Marcia

    Gabrielle L. Strich, Esq.
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  • 4.  RE: Immigration support affidavit

    Posted 12-28-2017 06:04 PM

    Dear All:

     

    I have had cases where courts have imposed alimony obligations on short term marriages based upon the sponsor's contractual support obligation.  It is an argument worth making.

     

    MSR




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  • 5.  RE: Immigration support affidavit

    Posted 01-09-2018 03:40 PM
    Asma -
    <x-tab>        </x-tab>Thanks. I'm sure you know more about this than I do, but the case law I've been able to find seems pretty clear that an I-864 is an enforceable contract for support (  Naik v. Naik, 399 N.J. Super. 390, 395 (App. Div. 2008) ), it's not only "a contract between the citizen spouse and the US government." Are you saying there's contrary law out there and an I-864 isn't enforcable in the Family Part?
    <x-tab>        </x-tab>

    Thanks


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    David Perry Davis, Esq.
    ----------------------------------------------------
    www.FamilyLawNJ.pro
    ----------------------------------------------------
    57 Hamilton Avenue -- Suite 301
    Hopewell, NJ 08525
    Voice: 609-466-1222
    Fax: 609-466-1223




    Original Message