When your spouse or soon-to-be spouse is an immigrant to the United States, you are probably familiar with the I-864 affidavit. Many people sign this document as a vow to support the livelihood of their soon-to-be spouse. This assures the government that an immigrant will be provided for and not end up relying on government assistance. Although signing the affidavit is logical when you are planning to get married and are married, what happens if you get divorced?

This scenario is currently playing out in a Texas court. The woman, who was born in Mexico and emigrated to the U.S., was sponsored by her husband before they got married. A few years later, though, they chose to divorce. Now, the ex-wife has sued her former husband, arguing that he should be required to pay her alimony because he signed the I-864 affidavit.

According to the woman’s lawsuit, she faces significant financial struggles. Because she has been unable to pay lenders, she is at risk of losing her home. She and her attorney argue that her ex-husband violated the Immigration and Nationality Act by failing to support her. She is seeking to have her ex ordered to support her unless she becomes a U.S. citizen, works in a job for several years that will pay into Social Security, or loses permanent legal residency status.

Although this case may seem unique, many people simply forget they ever signed this affidavit, which is why it rarely comes up in divorce. How the court decides to rule in this case, however, could impact the divorces of many citizens and non-citizens in New Jersey and across the United States.