Under I864, would I be exempt from all debts that were charged during marriage? 7 Answers as of October 21, 2011

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.

Have you signed the note? If so, you and your spouse are jointly and severally liable. However, in our experience, the lenders very rarely attempt to recover the deficiency. If you want to clean up your credit history, a bankruptcy is an option.

The I-864 would not exempt you from debts occurred during the course of your marriage. Your husband was required to support you at 125% of the poverty line. He is not required to fully support you. As such, so long as he has provided support equal to the poverty guidelines for the 10 year period the contract was or is valid, he has no further obligation. In addition, you would be required to sue him in court to enforce the contract. It is not something you can just show a creditor and tell them to deal with it.

The affidavit of support is not designed for private purposes it is a contract with the government.

The affidavit of support does not discharge you from debts that you accrued in the country. There have been cases where the affidavit of support has been used to enforce alimony in divorce proceedings, but I am not aware of any case where the affidavit of support was enforceable against the sponsor to discharge debts owed by the beneficiary of the affidavit or debts jointly owed.

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.

No, you are not exempt from paying the debts that were charged during your marriage. The I-864 is a pledge that the immigrant will not be a public charge, that is, be on welfare. Private credit is quite another matter. If you were a co-signer on the loans, the creditor has a right to expect you to pay them. Furthermore, the creditors are not bound by the divorce court's distribution of the debt. The creditor can use every legal means to force you and your husband to pay. With the foreclosure and extra debt, you would do well to consult with a bankruptcy attorney to see if you can get any relief.