Many thanks to the Washington D.C. Chapter of the American Immigration Lawyer’s Association for inviting me to speak at their conference this week. I spoke on a panel that addressed advanced issues concerning the Affidavit of Support, with my comments focusing on enforcement of the I-864 as a contract. Since I had a bit more […]
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How does the immigration agency review I-864s? Here’s the actual answer.
This post coincides with a talk I’m giving at the annual conference of the American Immigration Lawyers Association. If you attended the conference and would like copies of any material referenced in the talk, please use the contact form on this website to get in touch with me. Immigration attorneys know that the immigration […]
Pennsylvania case shows trap I-864 sponsors, tool for divorce attorney, caution for immigration attorneys
A recent Pennsylvania case illustrates one way that family law attorney can fruitfully use the I-864: to catch sponsors who under-report income and assets in divorce cases. F.B. v. M.M.R. involved a United States citizen (USC) who petitioned for his foreign national (FN) Egyptian wife. No. 31715 (Mar. 17, 2015 Penn. Sup. Crt.). The background is […]
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 […]
Do I-864 sponsors have to pay medical bills?
Here’s a question I get frequently from I-864 sponsors: if the person I sponsors gets into a serious accident, am I going to have to pay the medical bill? Short answer: probably not. There are two different financial promises made by a person who signs a Form I-864, Affidavit of Support. The first is to […]
Joint sponsor liable for $10,908
Following a bench trial to a federal judge, a joint sponsor has been held liable for $10,908 in damages to an I-864 beneficiary. In Matloob v. Farhan a Pakistan national brought suit pro se against her former husband and his uncle, who signed an I-864, Affidavit of Support as a joint sponsor. Civil No. WDQ-11-1943, […]
Oral arguments set in first Washington State case on I-864 issues
Oral arguments have been set in the first Washington State appeals case to consider issues relating to the I-864, Affidavit of Support. The principal issue in Matter of Khan (Div. II 44814-9-II) is the appropriate duration of spousal maintenance. In Khan the trial court agreed that it was appropriate to award spousal maintenance to an […]
Raising I-864 in divorce court bars litigation in federal court
What happens if an Affidavit of Support beneficiary unsuccessfully raises the issue of I-864 financial support during divorce proceedings? One court has recently held that she will be barred from bringing a federal lawsuit to subsequently enforce those rights. In Yaguil v. Lee the foreign national wife asserted her right to financial support during divorce […]