A number of cases have addressed claims that a sponsor was fraudulently induced to sign an I-864, Affidavit of Support. In dicta, a District Court has suggested that a defendant-sponsor waives his right to raise the defense of fraud in the inducement if he fails to assert that defense in a preceding dissolution action. In […]
Author: gmclawsen
Prenuptial agreement cannot waive enforcement? Erler v. Erler (N.D. Cal. Nov. 21, 2013).
A second federal district court has weighed in on whether a prenuptial agreement may waive an immigrant-beneficiary’s right to seek enforcement of the I-864. Previously, in Blain v. Herrell, a district court in Hawaii had concluded that a premarital agreement could waive a beneficiary’s rights to enforce the I-864, on the reasoning that the beneficiary […]
Lack of personal jurisdiction? Delima v. Burres (D.Utah Feb. 26, 2013)
Delima v. Burres, No. 2:12–cv–00469–DBP, 2013 WL 690536 (D.Utah Feb. 26, 2013). In this Federal contact suit by an I-864 Beneficiary the Court held that it lacked personal jurisdiction over Sponsor-defendant. It appears the parties hired a Utah law firm to prepare the I-864, but executed the form in Montana… at least there was no […]