Immigration Form I-864 (Affidavit of Support) and Efforts to Collect Damages as Support Obligations Against Divorced Spouses What Practitioners Need to Know

Imagine a person who can sue their ex-spouse for support every year until one of them dies. They can go back and forth between state and federal court to keep filing new lawsuits for support. It might seem impossible, but it’s actually happening. The I-864 affidavit of support is a form that U.S. citizens or lawful permanent residents fill out to support an alien’s application for permanent residence in the U.S. It’s like a contract where the petitioner agrees to support the immigrant financially. Even after a divorce, the sponsor is still obligated to provide support under this contract. However, there are some situations where the support obligation may end, like if the immigrant becomes a U.S. citizen or works for a certain period of time. Courts have ruled that this form creates a binding contract and have enforced it in favor of immigrants, even after a divorce. There are also some defenses, like fraud or not paying taxes, which can be used to argue against the support obligation. When someone wants to sue for support under the I-864 affidavit, they can do so in both state and federal courts. But if they already had their case settled in state court, they may not be able to bring the same claim to federal court. This is known as the Rooker-Feldman doctrine. It basically means that if you already lost in state court and are now complaining about the decision, federal court won’t hear your case. However, if you are bringing a completely new claim for damages in federal court, you might still have a chance. Other possible defenses against a claim for support obligations under the I-864 include things like saying the claim has already been decided in court or that it violates your rights. There are also contract-based defenses like saying there was no real agreement or that it’s unfair. These defenses need to be brought up in the first response to the claim, or they might not count. In Florida, there is a defense called unconscionability, which means that a contract or clause is so unfair that no decent person would think it’s right. This defense could apply to the I-864 affidavit of support if enforcing it would be really unfair, like if the immigrant didn’t follow tax or immigration laws. Parties can also settle a support claim by making an agreement, but they need to be careful because the government can still ask for reimbursement from the sponsor. One solution could be for the immigrant to agree to pay back the government if they get public benefits. The I-864 affidavit of support is a document that a sponsor signs to financially support an immigrant. This support is required to be at least 125% of the federal poverty line. The immigrant cannot change the sponsor’s obligations to the government or benefit-granting agencies. If the immigrant is an adult, they may give up their right to sue the sponsor for support in a divorce settlement. There is a lot of uncertainty and legal issues surrounding the obligations of sponsors under the I-864. Sponsors may be responsible not only to the immigrant but also to others seeking reimbursement. It’s important for sponsors and immigrants to understand these obligations before signing the form. The I-864 form is required for family-based immigration cases and some employment-based cases. It is a legally binding contract that the petitioner signs to support the person coming to the US. If the petitioner fails to provide support, they can be taken to court. Some court cases have shown that the I-864 is legally enforceable. These are references to legal cases and laws related to marriage and immigration. They include information about annulment vs. dissolution of marriage in Florida, the doctrine of unclean hands in court, and specific laws related to immigration and affidavits of support. One specific case mentioned is Iannuzzelli v. Lovett, which involved a claim under the I-864 form. A lawyer named Geoffrey A. Hoffman wrote an article about immigrants seeking damages under the I-864 law. The article discusses how immigrants can switch from one court to another or file repeatedly if they want to seek damages for different years. This is because the support obligation under the I-864 continues from year to year unless certain conditions happen. There are also some legal doctrines and rules that may prevent immigrants from doing this. The Family Law Section of The Florida Bar wants its members to understand their duty to help the public and improve how the law works. They also want to make the study of law better.

Source: https://www.floridabar.org/the-florida-bar-journal/immigration-form-i-864-affidavit-of-support-and-efforts-to-collect-damages-as-support-obligations-against-divorced-spouses-what-practitioners-need-to-know/