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: Issue/Claim preclusion
Suing on the I-864, December 2016 update
Motion to Dismiss denied in Federal I-864 litigation
In Du v. McCarthy, a Federal District Court in the Northern District of West Virginia has refused to dismiss a lawsuit brought against an I-864 sponsor. No. 2:14-cv-100 (N.D. W. Va. Mar. 26, 2015) (report and recommendations). [The magistrate’s recommendations were upheld by order of a district court judge issued April 16, 2015]. The case raises […]
Washington court holds: no alimony based on I-864
Today an appeals court in Washington State held that an I-864 beneficiary is not entitled to receive spousal maintenance (i.e., alimony) on account of the I-864, Affidavit of Support. But the court made clear that the beneficiary is still able to seek enforcement of the Affidavit in a contract suit against the sponsor. This decision […]
No issue preclusive effect following divorce trial. Yuryeva v. McManus (Texas).
In Yuryeva v. McManus a Texas appeals court stated clearly – although in dicta – that an immigrant-beneficiary could bring a subsequent contract action on the I-864 despite failing to raise enforcement in the context of her divorce proceeding. No. 01-12-00988-CV, 2013 WL 6198322, at *7 (Tex. App. Houston 1st Dist. Nov. 26, 2013) (memo. […]
Claim preclusion re defense of fraud. Erler v. Erler (N.D. Cal. Nov. 21, 2013).
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 […]