affadavit of Support Enforcement ???

[Mark Wesson]

I had seen a Immigration Attorney in the past about doing the K-1 Visa application and decided to just do it my self as the membership here seemed to be more helpfull and with more brains in my opinion.

 

But there was an interesting thing the Attorney swore to when we were talking about the affadavit of support.

 

She said that in the history of immigration law that No Government entity has ever sued a person for failure to pay the support as agreed to in the affadavit.

 

The Attorney said the main risk was in Alimoney and Child Support. and that Alimoney risk could be managed with a Prenupital Agreement to some extent and Child Support was not legal to be controled in a PreNuptial Agreement.

 

She said a State could sue for any money that was needed to pay any person needing aid that you did sign affadavit for but it has never happened as of yet.

 

Also note the Attorney said that even if a Prenuptial was signed and the immigrant was not able to support themself that the Prenuptial most likely would be overturned and some support would need to be paid to the needy party.

 

Paying/being liable to a former loved one for 10 years after they divorce you is certainly a consideration before making such a commitment.

 

So the Question here is has anyone head or have experence of these affadavits being a financial problem for someone in reality ????

 

Thanks, Mark

[Randy W]

What your attorney told you is exactly 100% true, as far as we know.

 

Attorneys and courts can interpret the I-864 in various unique ways not favorable to the USC.

 

If this happens to you, you need a better attorney.

Edited December 26, 2008 by Randy W (see edit history)

[Randy W]

In one case, a USC was sued to increase the amount of alimony paid to the poverty line, and lost. He then turned around and sued the USCIS for clarification of the I-864 guidelines. The USCIS bowed out by saying that they were notr a material party to the original lawsuit.

[Guest Tony n Terrific]

There have been some I-864 cases that have been enforced by the courts. If you have a good contract attorney and the buck$ you could most likely beat it. I read a CFL a topic about this 864 deal.

 

http://www.ilw.com/articles/2006,0608-mehta.shtm

 

http://www.ilw.com/articles/2006,0110-wheeler.shtm

 

http://candleforlove.com/forums/index.php?showtopic=21169