Do you impose the design We-864 Affidavit out-of Assistance into the a divorce or separation?
Sure – in the most common says the brand new USCIS Form I-864, Affidavit of Help is implemented from inside the a divorce or separation. A family group laws court gets the expert in order to impose the brand new I-864 either (1) as a breach from offer allege otherwise (2) as a consequence of spousal fix (also known as alimony). But while the discussed lower than, separation and divorce legal is not the most practical method so you’re able to demand new Mode I-864, and you may be thinking about using a federal suit rather.
Perform loved ones legislation process of law feel the power to demand the form I-864, Affidavit out-of Help?
The design We-864 is generated from the government immigration laws. See 8 You.S.C. 1183a. For people who query a household legislation attorney when your Setting We-864 will be enforced, something that you can occasionally hear are, “this might be a national law situation that really must be implemented for the federal judge.” Which is sooner or later wrong for a couple of reasons.
Basic, the proper execution We-864 are an agreement. Specifically, it is a contract between the Affidavit regarding Help mentor and you can the united states regulators. The fresh eco-friendly cards holder sponsored by immigrant is a “third-cluster beneficairy” into the price, and contains the fresh courtroom capacity to impose they. However, once again, at the conclusion of your day the proper execution We-864 is an agreement. State process of law – plus family legislation process of law – manage contracts all round the day. So it is only completely wrong to state that only federal process of law is also demand the form We-864.
