One of the most common questions people ask when considering an Affidavit of Support lawsuit is: how long will this take?
While there is a typical timeline for these cases, the real focus should not simply be how long the case lasts. The more important question is when you actually get paid.
At the end of the day, an Affidavit of Support claim is a financial claim. The only things a court can do for you is to: (1) enter a financial judgment; and (2) order the sponsor to pay money owed under the Affidavit of Support.
In this article, we’ll walk through the Affidavit of Support timeline, explain how long an I-864 lawsuit takes, and break down the major stages of the process.
Understanding the Goal of an Affidavit of Support Lawsuit
When someone decides to sue a sponsor under an Affidavit of Support, the goal is straightforward: to recover the money owed under that agreement.
An Affidavit of Support enforcement lawyer represents immigrants who want to enforce that obligation. The objective is not simply to litigate for the sake of going to court. Instead, the goal is to resolve the claim and recover the financial support that is owed.
Many people think the process involves choosing between two options:
- Settling the case, which may feel like “giving up”
- Going to court, which can feel like the tougher option
But that’s not really how these cases work. Whether the sponsor agrees to pay voluntarily or a judge orders them to pay, the outcome is the same: the immigrant receives the money owed under the Affidavit of Support. The job of a lawyer is to get that result efficiently.
Typical Affidavit of Support Timeline
So how long does an Affidavit of Support lawsuit take?
Most claims resolve in about three to six months, though there can be significant variation depending on the circumstances.
The timeline can be shorter if the parties resolve the case through settlement negotiations. On the other hand, if the case moves through the full federal litigation process, it can take a year or more before the dispute goes to a jury trial, or the defendant files an appeal
Because of that wide range, it’s helpful to understand the stages of the I-864 enforcement timeline.
Step 1: Sending a Demand Letter to the Sponsor
The first step in most cases is sending a letter to the sponsor explaining the claim.
This letter:
- Describes the nature of the Affidavit of Support claim
- Explains why the sponsor owes money
- Invites the sponsor to discuss resolving the issue
Sometimes this early step works.
If a sponsor is willing to discuss the legal claim, this case lead to a quick and efficient resolution. About 30% of cases resolve before a lawsuit is filed.
However, in most situations the sponsor either:
- Does not respond at all, or
- Responds but disputes the claim or the amount owed
When that happens, the next step is filing a lawsuit.
Step 2: Filing a Federal Lawsuit
If the claim cannot be resolved early, the next step is filing a case, usually in federal court.
Many people expect that once a lawsuit is filed, they will immediately get a court date. But federal litigation does not work that way.
Instead, the case moves through several stages before trial. Depending on the court and jurisdiction, this process can many months or even more than a year
Even when both sides move quickly, it may take close to a year from filing the lawsuit to arguing the case in court.
But most cases do not actually reach trial.
Settlement Opportunities Throughout the Case
One key feature of the I-864 enforcement timeline is that settlement discussions can happen at any time.
In fact, more than 80% of federal lawsuits eventually settle before reaching trial.
Several points in the case often lead to settlement.
After the Lawsuit Is Served
Sometimes simply being served with a lawsuit prompts the sponsor to take the claim seriously.
At that point, the sponsor may realize the legal risk and choose to negotiate rather than continue the dispute.
Court-Ordered Mediation
Federal courts often require the parties to participate in mediation.
Mediation is not a trial. Instead, it is a structured settlement discussion conducted in front of a magistrate judge who helps the parties try to resolve the dispute.
This mediation can happen:
- Early in the litigation process, or
- After discovery has taken place
Discovery
During discovery, both sides exchange information related to the case.
Once the parties have access to the key facts and financial information, they may decide it makes sense to resolve the dispute rather than continue litigating.
Summary Judgment
Another major stage occurs during summary judgment.
At this stage, the parties may ask the judge to rule that certain issues are so clear that they do not need to be decided by a jury.
In many Affidavit of Support cases, judges can determine that:
- The sponsor is liable under the Affidavit of Support
- At least some portion of the damages owed to the immigrant is clear
Once that happens, many defendants decide it is time to settle.
What Happens If the Case Goes to Trial?
If none of those opportunities lead to settlement, the case may proceed to trial.
However, this outcome is very rare.
In more than ten years of handling these cases, our firm has only seen a small number go all the way to trial. Most get resolved somewhere earlier in the process.
By the time a case reaches trial, it may already be more than a year into the lawsuit.
Why the Real Focus Should Be Getting Paid
When people ask how long an I-864 lawsuit takes, the better question may actually be: how quickly can the claim be resolved and payment obtained?
Litigation can be expensive. Defendants in these cases often have limited financial resources, and spending large amounts of money on legal fees reduces the funds available to resolve the claim.
Because of that, resolving the dispute efficiently can actually produce a better outcome for everyone involved.
The goal of enforcing an Affidavit of Support is not to spend as much time as possible in court. The goal is to obtain the financial support owed under the agreement.
The Big Picture of the I-864 Enforcement Timeline
Most Affidavit of Support enforcement cases resolve within three to six months, but there is significant variation depending on the circumstances.
The I-864 enforcement timeline usually includes:
- Sending a demand letter to the sponsor
- Filing a federal lawsuit if necessary
- Settlement opportunities throughout litigation
- Mediation, discovery, and summary judgment stages
- Trial in rare cases
Throughout the process, the key objective remains the same: to recover the financial support owed under the Affidavit of Support.
If you’re considering whether to sue a sponsor under an Affidavit of Support, understanding this timeline can help you set realistic expectations and focus on what matters most: resolving the claim and getting paid.
Final Thoughts on the Affidavit of Support Timeline
Again, it’s important to understand that there can be a huge amount of variance in how long these cases take. While many claims resolve in about three to six months, every situation is different.
If you’re involved in an Affidavit of Support case, the most important thing is to keep your eye on the real goal: getting the claim resolved and obtaining the support you’re owed. The process can end in different ways, but the objective is the same.
It’s easy to get distracted by the idea that success in a lawsuit means going to court and fighting it out in front of a judge. Television makes it seem like the toughest person is the one who pushes the case all the way to trial. In reality, that’s not what success looks like in most federal litigation.
More often than not, success means sitting down with the other side, being reasonable, and focusing on solving the problem. That approach is often what leads to getting paid in a timely manner instead of spending a year or more tied up in federal litigation.
Have Questions About Enforcing an Affidavit of Support?
If you have questions about Affidavit of Support enforcement or believe a sponsor may owe you financial support under the I-864, our firm may be able to help.
