Legal Question in Immigration Law in California

Sponsor obligations?

Hello,

I sponsored my wife and her child and we have received the conditional resident status for both. Our marriage is crumbling and her spending of my money has reached critical levels. I have cut her off from using my money without approval. As a sponsor I realize I am responsible for ''supporting'' both her and her child. However, I have a couple of questions:

1. What exactly are my obligations regarding support? Is is simply food, housing, perhaps clothing, or is it also medical coverage, beauty products, toys, etc? Are there defined categories for support?

2. When her 2 year conditional status has expired can I simply refuse to sponsor her again and not agree to sign papers for removal of conditional status (i.e. not sign the I-751)

thanks


Asked on 9/27/04, 6:33 pm

2 Answers from Attorneys
Antonio Maldonado Maldonado Myers LLP

Re: Sponsor obligations?

You are obligated to support your wife until one of the following occurs:

a. she has worked for 40 qualifying quarters as defined by the Social Security Administration (10 years);

b. she acquires US citizenship; or

c. she dies

This means that even if you get divorced you are still obligated to support her!

Support means that you will pay for her necessities so she will not become a public charge (i.e. go on welfare)

You could refuse to remove the conditional status. This would render her deportable after her conditional permanent residence ends. She may get deported but you will still be obligated to support her.

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Answered on 9/27/04, 9:35 pm
Armen Tashjian Law Offices of Armen M. Tashjian

Re: Sponsor obligations?

The first place to learn about your sponsorship obligation is the affidavit of support which you signed. Read it carefully.

If the marriage is "crumbling" then expedite it by filing for a divorce without delay. This is in your best interest. Also, do not forget to inform the immigration about the divorce and ask them to start the removal process. Give them written notice and inform them that you will refuse to be financially responsible if immigration fails to remove them in a timely fashion.

Bottom line, you should establish their removability and document everything for your defense later on in case they do become public charge.

Good luck.

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Answered on 10/04/04, 1:05 am


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