However, in the case of a sponsor who pledges the support of his or her new spouse, this obligation can last up to ten years. Ouch!

DUTY TO SUPPORT CHILDREN

What about your spouse’s children?

In most cases, there is no duty to support your spouse’s children from a prior relationship. Under California law, a person has the legal obligation to support a child only under specific circumstances, such as when a party is the biological parent of the child, a party has adopted the child, when the child was conceived during the marriage and the parties were living together, or where a party has held him or herself out in the community as the child’s parent.

However, in the case of a sponsor, the duty to support exists, even if the party had not formed a relationship with the child. Again, based on the sponsor’s pledge to support the spouse and his or her children, the obligation can last up to ten years!

WITHDRAWAL OF THE AFFIDAVIT WILL NOT HELP!

In a couple of appellate court decisions addressing this issue, the sponsors argued that the duty to support terminated when the affidavit of support was withdrawn. To support their argument, these sponsors cited the written position of the U.S. Citizenship and Immigration Services, which states that the sponsor can retract the Affidavit of Support anytime until the adjustment of status process is complete.

Unfortunately for these sponsors, the courts of appeals have disagreed. All relevant court decisions have held that the affidavit of support is an enforceable contract and that it is binding at the moment it is signed.

THE BOTTOM LINE

Before signing an Affidavit of Support, a sponsor would be wise to remember the old proverb, “marry in haste, repent in leisure.” Indeed, those who bring new spouses into this country, and subsequently discover that they have made a mistake, may have to live with the unpleasant consequences for a long time.

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