The California Appellate Court Clarifies Spousal Support in Cases Involving Federal Immigration Law-I-864 Affidavits of Support
In a case published June 20, 2025, the California Appellate Court Stated that Income Available for Support Must Be Calculated Before Support is Determined Even in Cases Involving I-864 Affidavits of Support
California Appellate Court Clarifies Spousal Support in Cases Involving Federal Immigration Law (I-864 Affidavits)
A recent opinion issued by the California Appellate Court on June 20, 2025, provides crucial clarification for individuals navigating divorce in California when one spouse is a foreign citizen sponsored for U.S. immigration. This case, In re Marriage of Adeyeye and Faramaye, addresses how a sponsor’s obligations under a Federal Immigration Law I-864 affidavit of support intersect with state-level spousal support orders.
In this case, Sunday Adeyeye, a U.S. citizen, signed an I-864 affidavit for his spouse, Adebukola Faramaye, a Nigerian citizen, as a condition of her immigration to the United States. This affidavit required Adeyeye to ensure Faramaye’s income remained at no less than 125 percent of the federal poverty guidelines. After filing for divorce, the trial court ordered Adeyeye to pay $1,569 per month in support to Faramaye, equating to 125 percent of the federal poverty guidelines, without taking into account Faramaye’s own income. The trial court reasoned that the sponsor’s obligation under the I-864 affidavit does not end until the sponsored immigrant has worked 40 qualifying quarters, among other conditions.
Adeyeye appealed this decision, arguing that the court failed to consider Faramaye’s income. The California Court of Appeal, Fourth Appellate District, Division Three, agreed with Adeyeye. The appellate court determined that the trial court made an error by not considering Faramaye’s income when determining the support obligation. The court emphasized that the sponsor’s obligation is to provide any support necessary to maintain the sponsored immigrant at an income of at least 125 percent of the federal poverty guidelines, which inherently requires considering the immigrant’s income.
Consequently, the appellate court reversed the order and sent the case back to the trial court. The trial court has been directed to reconsider Adeyeye’s support obligation while taking Faramaye’s income into account. The issue of attorney fees was not addressed in this appeal.
This ruling is significant for individuals involved in California divorce proceedings where one spouse is a foreign spouse seeking U.S. citizenship and an I-864 affidavit of support is in place. It clarifies that a sponsored immigrant’s income must be considered when determining spousal support based on an I-864 affidavit, even if the affidavit outlines a minimum income threshold.
If you are facing a divorce with a foreign spouse or have questions about spousal support and immigration law in California, it is essential to consult with an experienced family law attorney. Understanding the complexities of both state and federal laws is crucial for protecting your rights and ensuring a fair outcome.
Attorney Galen Gentry assists clients in Los Angeles and Southern California with divorce issues including spousal support and explains the person’s rights and obligations in a divorce before they hire him. Mr. Gentry has 30 years of helping people to protect their families and their interests.
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