Marriage-Based Immigration – Page 3

Proving a bona fide (valid) marriage for immigration

One of the questions that is usually at the very top of our client’ list is this: how do I prove to the immigration agencies that I am in a real relationship. That is a fair question, but as I’ll…

Marriage visa (IR-1/CR-1) versus fiancé(e) visa (K-1)

June 24, 2016
Greg McLawsen
Fiancé(e) visas, Marriage-Based Immigration
2 Comments

It is common to have the choice of pursuing either a marriage-based visa or fiancé(e) (I-129F, K-1) visa. Let's look at the advantages and disadvantages of each. But first we'll start with an overview of what the two processes look…

How do I file an I-751 waiver?

If your U.S. citizen/resident spouse will not cooperate with your I-751 petition, you need to seek a waiver of the joint-filing requirement. There are three waiver possible strategies available. You are allowed to pursue one or more than of these…

How can I report marriage immigration fraud?

There are two main ways to file a report of marriage immigration fraud: Homeland Security Investigations (HIS) office of Immigration and Customs Enforcement (ICE). ICE is the enforcement arm of the immigration agencies - think of them as the immigration…

How does divorce impact my immigration status?

Many individuals get their immigration status in the U.S. through marriage. What happens if such a person gets divorced from their spouse? The consequences depend on the situation. What happens if I get divorced when my spouse is petitioning…

My petition was approved by USCIS – how long does it take to transfer to the NVC?

February 22, 2016
Greg McLawsen
Consular processing, Marriage-Based Immigration, National Visa Center

After a petition (I-129F or I-130) is approved by USCIS it will then be transferred to the National Visa Center (NVC). (For an overview of the process, follow this link). But how long does that take? Historically we've seen this…

I haven’t filed last year’s taxes – what income do I report on the I-864?

Tax season makes filing out the I-864 even more complicated. Here's a common situation that we see often. It's February or March. You haven't yet filed last year's income taxes. But you also got a bit of a raise, so…

Tips for Preparing for a I-751 Application to Remove Conditions on Your Green Card

If you get a green card through marriage to a US citizen or legal permanent resident, and you have been married for less than two years, then you will be issued a conditional green card. A conditional green card expires…

January 5, 2016
Greg McLawsen
Immigration system, Marriage-Based Immigration

Under the Immigration and Nationality Act (INA) there is a long list of grounds of inadmissibility. Basically, these are things about you, or about your circumstances, that would prevent you from being allowed into the U.S. They can also prevent…

What is the Form I-864, Affidavit of Support?

U.S. immigration law is an invitation-based system. For someone wishing to move permanently to the country there is no general “line” to get in. Rather, the path to permanent residency (a “green card”) usually begins with a U.S. business or…

What goes into an I-864 Affidavit of Support lawsuit complaint?
I’ve been representing clients in lawsuits to enforce the USCIS Form I-864, Affidavit of Support for about a decade at this point. Over that time, I’ve made a lot of changes to the template that we use for federal lawsuit complaints. (A complaint is the initial case document that sets forth the plaintiff’s legal claim…
What is a joint sponsor’s liability under the Form I-864, Affidavit of Support?
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 can sue the joint sponsor for financial support in state or federal court. A joint…
Can you enforce the Form I-864 Affidavit of Support in a divorce case?
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) through spousal maintenance (also called alimony). But as discussed below, divorce court is not necessarily…
USCIS Form I-864 enforcement in divorce court – another cautionary tale (Marriage of Bychina)
It is a theme that I have written about many times on this blog and elsewhere. Yes, the Affidavit of Support can theoretically be enforced in family law proceedings. But in practice, beneficiaries frequently encounter problems in that forum. Here is another example. Marriage of Bychina was a family law case in Illinois. See No.…
How do you calculate damages under the I-864, Affidavit of Support
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 ruled that the term “income” is governed by the definition contained at 8 C.F.R. §…
How do you settle a claim under the USCIS Form I-864, Affidavit of Support?
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, here is an overview of how we generally approach settlement. What goes into an Affidavit…
Can you enforce the Form I-864 Affidavit of Support with a preliminary injunction?
Non-citizens needing to enforce the USCIS Form I-864, Affidavit of Support are usually in serious need of help. To have a claim under the Affidavit, their income needs to be below 125 percent of the poverty line. That’s about $1,400 per month for a household of one. But a lawsuit can take months or even…
What affirmative defenses are available to Form I-864 sponsors? None.
The Eleventh Circuit has held that the common law defenses of unclean hands, anticipatory breach, and equitable estoppel are unavailable to a sponsor who has signed a USCIS Form I-864, Affidavit of Support. Blevich v. Thomas, 17 F.4th 1048 (11th Cir. 2021). Belevich joins a growing line of cases that stand for the proposition that…
The federal right to immigration “alimony” under the Form I-864, Affidavit of Support
A version of this article first appeared in the Side Bar journal for the Litigation Section of the Federal Bar Association (Spring 2021). If you are like most federal litigators – this author included – you would never enter divorce court unless your name was on the case caption. The vitriol, the sabotage, the meanness.…
How long does the I-864 support last?
A sponsor's obligation under the Form I-864 lasts indefinitely. It terminates only upon one of five Terminating Events, including when the green card holder has 40 quarters of work or becomes a U.S. citizen. It *does not* terminate automatically after ten years, even though lawyers mistakenly