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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 18813
Experience:  B.A.; M.B.A.; J.D.
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My friend is a legal permanent resident, she just left her

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My friend is a legal permanent resident, she just left her abusive husband after 3.5 years and took their 2 year old daughter with her. Her husband sponsored her with a I-864 & I-134 , can she use those 2 Affidavit of supports in her divorce case to gain spousal & child support?
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My friend is a legal permanent resident, she just left her abusive husband after 3.5 years and took their 2 year old daughter with her. Her husband sponsored her with a I-864 & I-134 , can she use those 2 Affidavit of supports in her divorce case to gain spousal & child support?



Response: First and foremost, with or without the affidavits, your friend’s husband has legal obligation to pay for child support for his own child. As for spousal support, your friend can only use I-864, which is a binding contract on her husband. I-134 is not a binding contract. Pursuant to the I-864 Affidavit, divorce does not terminate her husband’s obligation to support her. Her husband as her Sponsor is financially responsible for her because divorce does not cancel his financial obligation to her. He would remain responsible for her until she becomes a U.S. Citizen, or can be credited with 40 qualifying quarters of work in the United States, which generally equate to ten years of work. So, she can provide a copy of the I-864 to the Court to show that she is entitled to spousal support.

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