An interesting case from the 7th Circuit Court of Appeals. It was held that an immigrant, who was sponsored under the federal poverty guidelines and the I-864 Affidavit of Support was submitted to the DHS/USCIS, does not have a duty to mitigate (seek employment, apply for jobs), and her american ex-husband has a duty to support her after divorce at 125% federal poverty guidelines.
Timothy Mund, an American, married Wenfang Liu, a Chinese woman 19 years his junior, in China. Two years later the couple decided
to move to the United States. For Liu to be admitted as
a permanent resident on the basis of her marriage to
an American, her husband had to sign an “I-864 affidavit,”
agreeing to support his wife at 125 percent of the
poverty level (approximately $13,500 a year).
After divorce, ex-husband refused to provide the support specified in the federal affidavit, on the ground that his ex-wife wasn’t looking for work. So she filed the present suit, in federal district court in Wisconsin, seeking that support and contending that failure to mitigate damages is not a defense to the support obligation created by the affidavit. ... The district judge held that Liu was not entitled to support pursuant to the I-864 affidavit during the 160-day period after she had filed her motion for summary judgment, because she hadn’t actively sought work during that period. The finding that she hadn’t sought work is well supported; the only substantial issue presented by her appeal, and the only one we discuss, is whether in a suit to enforce the obligation of support created by the federal affidavit the plaintiff has a legal duty to mitigate damages. ... In sum, we can’t see much benefit to imposing a duty to mitigate on a sponsored immigrant. ... The judgment of the district court is reversed so far as concerns the court’s imposition of a duty of mitigation, and otherwise is affirmed.
Read case decision at http://www.ca7.uscourts.gov/tmp/K315C23H.pdf
