Case Update (20 June 2025): Adeyeye v. Faramaye; California must consider immigrant’s income in I-864 calculation
While not entirely an “international” issue, this case presents a question that does arise in multi-national families in the United States. The sponsor of an immigrant spouse to the United States signs an I-864 affidavit of support, which undertakes financial responsibility for the immigrant to maintain the immigrant at 125% of the federal poverty level during the period the affidavit is enforceable. In this case, the Husband signed an I-864 affidavit of support, and when his wife filed for divorce years later, she sought support at the 125% level. The trial court set his support obligation at $1,569/month, which corresponded to 125% of the federal poverty guidelines. The trial court did not consider the immigrant spouse’s income in setting that support amount. The Husband appealed.
A little background on the I-864. The sponsor spouse’s obligations do not terminate upon divorce. They terminate if the immigrant spouse: (1) becomes a U.S. citizen; (2) has worked, or can receive credit for, 40 quarters of coverage under the Social Security Act; (3) no longer has lawful permanent resident status and has departed the USA; (4) is subject to removal, but applies for, and obtains, in removal proceedings, a new grant of adjustment status based on a new affidavit of support, if one is required; or, (5) dies. The entire policy reason behind the I-864 is to ensure the immigrant spouse does not become a public charge.
In this case, at the time of trial, the immigrant spouse was apparently earning $57,900 annual income. This income was not accounted for in any calculation that the court made. The Court of Appeals noted that the five above circumstances, concerning the termination of the sponsor spouse’s obligation, do not address what, if anything, the sponsor owes to maintain the immigrant spouse at an annual income of at least 125% of the federal poverty guidelines. The court noted that other states have addressed the impact of the immigrant spouse’s income on the calculation of support. It cited a New Jersey case that considered the sponsored immigrant’s own income, assets, and other sources of support, setting the support amount at a level to cover any deficiency only. Citing also to Pennsylvania and Georgia cases, the California Court of Appeal concluded that the immigrant spouse’s income should be accounted for, in part because of the plain language of the I-864, and in part because of the foundation of why the affidavit is required in the first place. Therefore, it held that the Husband here is required to pay the difference, if any, between the Wife’s income and 125% of the federal poverty guidelines. It reversed and remanded for the trial court to calculate what is included in the Wife’s income.
