Legal Question in Immigration Law in Wisconsin

My relative has brought her immigrant husband to the US, and signed an Affidavit of Support. They are now separated and he's working under the table (she knows about it) and therefore has "no" income. Since he has "no" income she continues to pay the full amount required under the Affidavit. This seems like he is stealing from her, and someone told me this is a felony. Is that true? What should she do?


Asked on 9/09/14, 8:16 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

She is not required to pay any amount, per se, as the Petitioner of an Immigrant Visa. The sole reason for the Affidavit of Support is to legally allow a Government Agency to seek reimbursement from the "Sponsor" if the immigrant obtains a means-tested Government benefit, such as welfare or food stamps. It is not intended for the immigrant to extort money from the Sponsor. However, Court ordered spousal or child support is a totally different issue. I suggest that she seek counsel from a Family Law Attorney in the State in which she resides.

Criminal law issues reside with the District Attorney. The spouse would need to be arrested for a crime first.

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Answered on 9/09/14, 12:48 pm


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