What are the dangers of marrying a foreign national and of signing an Affidavit of Support?
If you think that New Jersey Superior Court is the only avenue to sue for spousal support then you should think again. A foreign national spouse may still be eligible for support from a sponsor, and can sue to enforce that support through federal or state court. Thus, a word of caution to U.S. sponsors that by signing Form I-864; you are agreeing to provide the sponsored spouse whatever support is necessary to maintain her at an income that is at least 125% of the Federal poverty guideline. Form I-864 is most commonly used for family-sponsored immigrants who seek admission to the United States, or adjustment of their immigration status as a lawful permanent resident. Form I-864 is required as an Affidavit of Support filed by a U.S. citizen on behalf of an immigrant to establish that the immigrant is not excludable from the U.S. as a public charge. The Immigration and Naturalization Act (INA) requires that this affidavit of support be enforceable as a contract. 8 U.S.C. 1183a(a)(1). Add
