for you Alex: The Affidavit of Support is a Legally Enforceable Contract The affidavit of support is a legally enforceable contract, which the immigrant spouse has standing to enforce in any federal or state court. In re Marriage of Sandhu, 207 .3d at 1071. Therefore, if one spouse has signed a Form I-864 in favor of the other, the immigrant spouse can argue a contracted right recover support in the amount of at least 125% of the federal poverty line, even under the extreme situation in which the sponsoring spouse could show no ability to pay the types of support ordinarily determined in divorce proceedings.
http://www.avvo.com/legal-guides/ugc/how-immigrant-sponsorship-of-a-spouse-and-step-child-affect-support-payments |