Q: Does my spouse have legal basis to sue me for money even when they have signed an affidavit of support for me?
My spouse is threatening to file a lawsuit against me for all the expenses they covered to get my green card because I now want to separate from them. I've only had a part-time job ever since being in the US so I have been dependent on them financially. Can they actually sue me to pay all the expenses back? Additionally, I also plan on giving up my green card because I want to go back to my country. If they are able to file a lawsuit, is it better for me to no longer possess my green card status?
A:
In the United States, when a U.S. citizen or permanent resident sponsors their foreign spouse for a green card, they are required to sign an Affidavit of Support (Form I-864). This document is a legally enforceable contract between the sponsor and the U.S. government, in which the sponsor agrees to provide financial support to the sponsored immigrant until they become a U.S. citizen, have worked for 40 quarters (10 years), die, or permanently leave the United States.
Even if you separate from your spouse, they are still obligated to provide financial support as per the Affidavit of Support. If they fail to do so and you receive means-tested public benefits, the government agency providing the benefits can sue your spouse to recover the cost of those benefits.
However, your spouse generally cannot sue you directly to recover the expenses they incurred in getting your green card. The Affidavit of Support is a contract between your spouse and the government, not between you and your spouse.
If you give up your green card and permanently leave the United States, your spouse's obligations under the Affidavit of Support will terminate. However, if you receive any means-tested public benefits before leaving the country, your spouse could still be liable for repaying those benefits to the government.
It's essential to consult with an experienced immigration attorney to discuss your specific situation and understand your rights and options, especially if you are considering relinquishing your green card and leaving the United States.
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