Will my husband still be able to sponsor me if he owes child support? 3 Answers as of February 21, 2011

My husband owes child support, will that be a problem for him to sponsor me for spouse visa? Will that affect the visa?

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Fletcher, Tilton & Whipple, PC
Fletcher, Tilton & Whipple, PC | Kirk A. Carter
Yes he can petition for you, but he also needs to provide an affidavit if support under which he agrees to be financially responsible for your support. His ability to meet the support guidelines will depend on the size of your household, the number of other individuals he is required to support by law plus you. If he doesn't make enough money to cover 125% of the poverty level for that number of people you will need a back up sponsor. USCIS does not typically verify that an individual is meeting their child support requirements in this context. If they did, you always have the joint or back up sponsor option, though your husband must be the primary sponsor even if he can't meet the guidelines.
Answer Applies to: Massachusetts
Replied: 2/21/2011
Theresa E. Tilton, Attorney at Law
Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
A child support obligation, by itself, will not affect the obligor's ability to sponsor a spouse for an immigrant visa. When preparing the affidavit of support, the sponsor must list his dependent children. The sponsor must show that he has enough income to meet his ongoing obligation for his children and still support the immigrant spouse.

A judgment for a large sum of past-due child support may have an negative effect, not just because it damages the credit, but also because it tends to show a disrespect for the rule of law.
Answer Applies to: Washington
Replied: 2/21/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
Yes he can still sponsor you.
Answer Applies to: Florida
Replied: 2/21/2011
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