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I-864 Enforcement

jim_julian

By jim_julian,
in AOS & Immigration Challenges

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Randy W

Randy W

Posted
Posted

We talk a lot about the I-864 and the need for co-sponsors.

 

Does anyone know of a case where the USG has enforced an I-864 and collected money from a divorced US spouse?

 

and ...

 

Does anyone know of a case where the USG has enforced an I-864 and collected money from a co-sponsor?

 

 

I believe the answer there is a resounding "No" to both.

 

Two articles were linked to earlier (I believe by Lance) in which a court awarded money to a divorced beneficiary based on the I-864, but my impression there was that the USC simply needed (and didn't have) a good lawyer. These were cases of spouse vs. spouse, not USG vs. sponsor.

 

I haven't heard of the USG actually trying to be reimbursed for "means-tested benefits", but of course, that doesn't mean it hasn't happened.

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Randy W

Randy W

Posted
Posted (edited)

Interesting - it sounds like the USCIS (then BCIS) is claiming that they had no part in the whole thing:

 

The BCIS moved to dismiss the complaint for lack of subject matter jurisdiction pursuant to Rule 12( B )(1) of the Federal Rules of Civil Procedure, claiming that Davis had failed to assert a valid federal cause of action. In addition, the BCIS argued in its reply brief to the district court that the Rooker-Feldman doctrine applied because Davis¡¯s complaint was a thinly veiled attempt to seek appellate review of the state court¡¯s final judgment.¡±

Edited by Randy W (see edit history)
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