How do I proceed with a I-864 for co sponsors? 4 Answers as of January 09, 2012

This question seems strange. You co- signed for your husband's former wife? I-864 does not require you to pay anything unless the government seeks payment for benefits overpaid.

Unless the Court orders it you are not required to pay the 125% to her. This is a contract you have with the Federal government to reimburse them should she ever file for government benefits. Her husband (your son) may have financial obligations to her depending on what family law judge determines. Best your son speak with an experienced family law attorney.

Having filed an affidavit of support does NOT mean you pay her anything and certainly not 125 percent of poverty level. Having signed affidavit of support means that, in the event she applies for means-tested federal public assistance, the government may come after you for reimbursement of those benefits. Now, having filed for support against her ex spouse as part of the divorce may mean she gets awarded some spousal support by the court but that wil be based on the length of marriage, needs, etc and certainly NOT because you signed the affidavit of support.

The affidavit of support does not require the sponsor to pay anything to the alien. It is intended to prevent the alien from becoming a public charge. The affidavit of support requires that the co-sponsor reimburse the federal government for any means-tested benefit that she may receive to which she would not have been entitled in the first place. For instance, if an alien who is sponsored by an affidavit of support goes on welfare and the Feds determine that he/she was not entitled to receive welfare then they may require payment from the sponsor or the joint sponsor to reimburse the Federal government.