We are publishing an update to our 2012 article, Suing on the I-864, Affidavit of Support. That original article, along with a February 2014 update, is available on our website here. The current article reviews all United States case law concerning enforcement of the I-864, going back to publication of the last article. Together the […]
Category: Damages
Suing on the I-864, December 2016 update
“No duty to mitigate damages,” says North Carolina Supreme Court
The North Carolina Supreme Court has handed down an important decision that makes two important rulings for I-864 beneficiaries. Zhu v. Deng, No. COA16-53 (N.C. Dec. 6, 2016) was a case brought by a Chinese national against her U.S. citizen husband and his parents. Before immigrating, the couple had a pair of marriage ceremonies in China, and had received $150,000 in gift money. That money came to be controlled by the husband’s parents, who refused to relinquish it to the wife. Litigation followed, in which the wife made claims to the gift money and to support under the Form I-864, Affidavit of Support. The litigation was against both the husband – who had been her K-1 fiancée visa petitioner – and also against his parents. The parents had signed a Form I-864A as members of the husband’s household.
What counts as “income” for I-864 support damages?
An I-864 plaintiff is entitled to damages equal to 125% of the Federal Poverty Guidelines versus any income she has received. But what does and does not count as “income?” In Dahhane v. Stanton a federal judge for the District of Minnesota opined on several financial sources, led by the dubious guidance of pro se […]
What is household size? Erler v. Erler (N.D. Cal. Nov. 21, 2013).
In Erler v. Erler a District Court provided the most detailed discussion to date of the calculation of household size for determining the level of support obligations under the I-864. CV-12-02793-CRB, 2013 WL 6139721, at (N.D. Cal. Nov. 21, 2013). The court began by recognizing that there is no single definition of “household size” for purpose […]