Legal Question in Family Law in New Jersey
Seperation and Affadavit of Support
My fiancee is getting divorced.His estranged wife is Brasilian and he had brought her children over on an I-864 Affadavit of Support. He has been told that he should have stayed in the marital house with her until the divorce was final, which was impossible. Also, at the time of his marriage, he was unaware she had any children. We want to find out if he is still responsible for their support after the divorce since she is able to work in this country. Also, if an annulment takes place, does that void the affadavit of support?
1 Answer from Attorneys
Re: Seperation and Affadavit of Support
The affidavit of support, I expect, was given to
the United States Immigration and Naturalization Service in support of applications for a green card. I do not believe it creates an enforceable
obligation to actually provide support. I believe it is a representation that one is able to provide support and currently willing to provide support to the person being sponsored. I believe that for there to be an enforceable right of financial support he would have to be the adopted
or natural father of the children.
This answer is based upon my recollection of what the affidavit of support said more than ten years ago when I handled green card applications.
You should hire an attorney to do some actual legal research on the question.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
www.garymooreattorneyatlaw.com
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