A joint sponsor (also called co-sponsor) has the same liability under an Affidavit of Support as the primary sponsor. By signing the USCIS Form I-864, the joint sponsor agrees to "joint and several" liability on the contract. The sponsored immigrant…
Yes - in most states the USCIS Form I-864, Affidavit of Support can be enforced in a divorce case. A family law court has the authority to enforce the I-864 either (1) as a breach of contract claim or (2)…
In an important ruling for one of our I-864 enforcement clients, a Court ruled today that damages under the USCIS Form I-864, Affidavit of Support are determined based on taxable income. In Flores v. Flores, the Western District of Washington…
As I explain elsewhere on this blog, almost all claims under the USCIS Form I-864, Affidavit of Support result in settlement. To get an idea of how long that process takes, read this post. Having settled many of these claims,…
No, federal courts have squarely held that a pre- or post-nuptial agreement cannot waive rights under the Form I-864. Even if a sponsored immigrant has signed a document saying that she forfeits all rights under the I-864, that agreement is…
Certain green card holders are legally entitled to receive financial support from their immigration sponsors. Exactly who qualifies for support? 1 - Did you get your green card through a spouse or family member? The Affidavit of Support is required…
The Form I-864, Affidavit of Support imposes serious financial obligations on a sponsor who signs the form. If you have signed and filed a Form I-864, can you withdraw the form if you change your mind? Under some circumstances, yes.…