Q: If a permanent resident of the United States moves to their country of origin permanently and divorces their US citizen
…spouse, are they entitled to maintenance from the affidavit of support that their spouse signed? I read the affidavit is no longer enforceable if the permanent resident leaves the USA. But what if they don’t formally abandon their residency? Can they still sue their spouse and demand monthly maintenance even though they are permanently moving out of the country?
A:
A permanent resident married to a US citizen must notify USCIS when moving out permanently.
If they don't plan to return, formal abandonment through Form I-407 is necessary.
The I-864 affidavit becomes invalid upon permanent departure, regardless of formal abandonment.
Any attempt to obtain maintenance under false pretenses is risky and could have severe legal consequences.
It's highly recommended that the permanent resident consult with an immigration attorney to discuss their specific situation and receive accurate guidance on their options and obligations.
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