You are here:

Immigration Issues/I-864 and Unemployment


Hello -  I'm a female US Citizen who was "forced" to sign an Affidavit of Support (I-864) in order to bring my spouse who I married overseas to the US.  He is now a LPR and we've been married almost 7 years.  I was laid off in June 2011 and collecting unemployment. We are in the process of getting divorced.  I understand that a Sponsor is required to support the immigrant spouse until he becomes a US Citizen (which he's not), accumulated 40 qtrs of earning (which he didn't), etc. which he is not.  The question is, how am I supposed to support him if I myself do not have a job and only collecting unemployment? What if I don't find a job?  He now has a steady job (finally which he got in July 2011) but does not have health insurance because it's not offered where he works and he can not afford individual health insurance.  I'm afraid that he may file for Medicaid (or some kind of state or federal medical assistance) and I (as his sponsor), even though we'll be divorced, will be responsible to pay for his medical bills.  Will the government come after me for his medical bills if he becomes a public burden (for medical coverage)?  Are there any laws that support the sponsor in cases like mine?
Thank you.

Dear Em:
As per information provided, I don't think you would be held responsible to support as long as you yourself are on unemployment benefits.  And, you may also seek and/or request the USCIS to withdraw your affidavit of support (I-864) based on changed circumstances without delay.  

However, to be on the safe side I would suggest you to consult with an attorney specializing in SS benefits who deal with such cases.  

Best wishes & a Very Happy New Year,
Ajay Singh, Esq.
275 North Street, Newburgh, NY 12550
845-784-1500 (Tel.) 646-807-4582 (Fax) AJASIN@GMAIL.COM

Immigration Issues

All Answers

Answers by Expert:

Ask Experts




Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.


Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

Member - AILA. Bar Council of India.

LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

©2017 All rights reserved.