Some Reasons NOT to File a Viable 864 Enforcement Action:

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In general, financially abandoned immigrant spouses should insist they be supported as promised. However, just because you can enforce a right to financial support doesn’t mean you should. Here are some situations where it may be wise to leave money on the table and not enforce your right to support as a green card holder:

1) Your sponsor doesn’t have the ability to pay

2) You have a real concern that enforcing your right can threaten your physical safety

3) Your sponsor spouse is cooperating to help you in other ways and you don’t want to disturb that

4) There is a joint sponsor you simply do not want to collect money from

5) You have enough money and this isn’t worth your effort

The affidavit of support gives power to the immigrant. Whether he/she decides to exercise it is entirely up to them.