QUESTION
Under I864, would I be exempt from all debts that were charged during marriage?
Asked on Oct 19th, 2011 on Immigration - Texas
More details to this question:
My husband and I are going through a divorce. He sponsored me to come into the United States, 9 years ago. We purchased a home as husband and wife that has been foreclosed on. The second mortgage was a purchase money loan (80/20) which to my understanding would be a non-recourse loan. On, my recent credit report the second mortgage ($61,000) still showed owing. My question is under I-864 where my husband accepted financial responsibility for me would this exempt me from all the debts that were charged during our marriage, such as the above $61,000?
3 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
No. You need to consult with your divorce attorney on what happens to the assets and debts accumulated during the marriage. The Affidavit of Support relates only to guaranteeing you sufficient income that you will not be a public charge (125% of the Poverty guidelines). Your divorce attorney should be familiar with the cases relating to this and may allow you to get alimony (now called maintenance of status in most states) up to this limit.
Answered on Oct 21st, 2011 at 10:15 PM
Criminal Law Attorney serving Las Vegas, NV
at
Reza Athari & Associates, PLLC
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The affidavit of support is not designed for private purposes it is a contract with the government.
Answered on Oct 20th, 2011 at 1:18 PM
Assault Attorney serving Richardson, TX
2 Awards
No, you cannot be relieved of responsibility for debts that you incurred through use of the I-864. See an attorney who is knowledgeable in debt matters. The I-864 is to be sure that you are not a burden to the U.S. government but does not keep creditors from collecting what you are responsible for.
Answered on Oct 20th, 2011 at 1:12 PM