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Spousal Support for Immigrant Spouse

Spousal support for an immigrant spouse who has been married to a U. S. citizen for less than 10 years may be available when that immigrant has adjusted their status to a permanent resident with an I‑864 Affidavit of Support that the U.S. citizen spouse completed for the immigrant spouse. Recently, a Texas Court of Appeals held that the contractual obligation between an immigrant wife and her U.S. citizen husband and the U. S. Department of Homeland Security (INS) is enforceable within a divorce decree as a contract and the husband in this case remained obligated to pay that amount of support that would bring his now ex‑wife to the 125% percent above poverty level of support until he was able to be relieved of his obligations under the I‑864 Affidavit of Support. Therefore, this can be interpreted to mean that an immigrant husband/wife may be entitled to support even though he/she has not met the requirement of Chapter 8 of the Texas Family Code requiring 10 years of marriage.

For further information, please feel free to call the attorneys at Yale Law Group at (940) 891-4800.

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