Sure – for the majority says this new USCIS Form I-864, Affidavit out-of Help are implemented within the a breakup. A household rules legal gets the expert so you’re able to enforce the brand new I-864 sometimes (1) while the a breach away from offer claim otherwise (2) courtesy spousal repairs (also called alimony). But as the chatted about below, divorce case court isn’t the most practical method to help you enforce brand new Mode https://lovingwomen.org/fi/blog/latinalaiset-postimyynnissa-morsian-sivustot/ We-864, and you can want to consider having fun with a federal suit as an alternative.

Create nearest and dearest rules process of law feel the ability to demand the form I-864, Affidavit from Support?

The shape I-864 is done of the federal immigration legislation. See 8 U.S.C. 1183a. For people who ask a family law lawyer if your Setting I-864 can be enforced, something that you will often pay attention to try, “this might be a national legislation issue that must be enforced from inside the government legal.” That’s eventually wrong for a couple of causes.

Very first, the form We-864 try a contract. Specifically, it’s an agreement amongst the Affidavit from Help recruit and the usa government. New eco-friendly cards owner paid by the immigrant try a “third-group beneficairy” into the contract, possesses the courtroom ability to impose it. But again, at the conclusion of your day the proper execution We-864 are a binding agreement. State courts – along with family laws process of law – manage deals non-stop. So it is just incorrect to say that just federal process of law can enforce the form I-864. (more…)