Marriage Fraud and I-864 Litigation
As an I-864 sponsor of an immigrant spouse who has been apporved as a marriage visa applicant and has arrived in the U.S. as a lawful permanent resident green card holder, your liability refers to your responsibility as an I-864 sponsor to financially support the sponsored immigrant if they are unable to support themselves. By signing Form I-864, you are legally bound to provide financial support to the immigrant if they fall below the poverty guidelines and seek means-tested public benefits. Your liability remains until the sponsored immigrant becomes a U.S. citizen, has worked or can be credited with 40 qualifying quarters of work, or leaves the country permanently. It's crucial to understand the obligations outlined in Form I-864 and seek guidance from immigration experts if you have any concerns or questions regarding your liability. The green card holding lawful permanent resident that you sponsored can sue you for breach of contract in federal court if you fail to provide the support you agreed to by signing the I-864 Affidavit of Support. This is specifically Breach of the i-864 Affidavit of Support that is a contract between you and the federal government. The green card holder you sponsored is not a party to the I-864 contract but has standing to sue you as a third-party beneficiary.
A breach of contract, specifically breach of the I-864 Affidavait of Support contract, occurs when one party fails to fulfill any of the agreed-upon terms and conditions of a legally binding contract. This violation could range from a simple late payment to a more serious offense, such as failing to deliver a promised financial support. Contracts are legally binding and hold weight in court. If it can be proven that the I-864 contract was breached, the typical remedy for breach of the I-864 contract is to provide the victim with what they were initially promised.
Here are some key points about breach of contract:
In summary, a breach of contract is a failure to perform or provide the terms of a contract, whether it involves goods, services, or other obligations.
When responding to a Breach of Contract I-864 Affidavit of Support claim in Federal Court, consider the following steps:
Assess the Claim:
Understand the specifics of the breach alleged against you.
Review the contract terms and any relevant documents.
Consult an Attorney Mulder Law Office is known as one of the most knowledgable and sussessful Breach of Cntract defense attorneys in the U.S.
Seek legal advice from Kyndra L Mulder, Esquire promptly. An attorney experienced in contract law who guide you through the process. She will begin with a thorough review of your situation and determine your defense to a breach of contract claim made by the green card lawful permanent resident who is the third-party beneficiary of the I-864 Affidavit of support that you signed. Kyndra L Mulder is experienced and knowledgable in the litigation of the I-864 dispute. the I-864 is not a typical contract where the normal defenses and affirmitive defenses apply. There are 5 terminating events to the contract. Hoever, there are also many situations and events that offset liability. There is also the doctrine of unclean hands that may limit your liability.
Response Strategies to a federal lawsuit for breach of contract should be:
Truthful Denial: If you believe you haven’t breached the contract, provide a clear denial.
Affirmative Defense: The affirmitive defenses that apply to breach of contract in general do not apply to breach of the I-864 affidavit of support. Your affirmitive defense may be satisfaction or performance in full or no breach has occurred. Facts that offset your liability may in sum total satisfaction and termination of the I-864 contract as a matter of law.
Apology and Cure: Acknowledge the error and propose a mutually agreeable solution.
Remember, navigating breach claims can be complex. Seek professinal assistance from Kyndra L Mulder, Esquire. She will personally review your situation and discuss your defenses with you. Kyndra l Mulder, Esquire will personally represent you in federal court for breach of contract and appear at all of your hearings.
Marriage fraud refers to a situation where an individual enters into a marriage primarily for the purpose of evading immigration laws. Specifically, they aim to gain immigration benefits rather than for genuine marital reasons. Let’s explore this topic further:
Affidavit of Support (Form I-864):
The Form I-864 is a crucial document in the immigration process. It is a legally binding contract signed by a sponsor (usually the petitioner) who agrees to financially support the intending immigrant.
The sponsor’s responsibility typically lasts until the family member or individual either becomes a U.S. citizen or accumulates 40 quarters of work (usually 10 years).
Marriage Fraud and the I-864:
Immigrants seeking support pursuant to the I-864 may face allegations of marriage fraud if their primary motivation for marriage is to secure immigration benefits.
Penalties for Marriage Fraud:
Any individual knowingly entering into a marriage to evade immigration laws may face imprisonment of up to five years, a fine of up to
Marriage Fraud is not a defense to a breach of contract claim. You are obligated under the contract regardless of the actions of the green card holder Lawful Permanent Resident. unclean hands may be a defense to paying the sponsored immigrants attorney fees.
A Prenuptial Agreement does not limit or cancel the sponsor’s responsibility under the I-864 Affidavit of Support that is a contract. However, a prenuptial agreement will limit liability over and above the support requirement established by the Social Security Administration on an annual basis and required under the I-864 Affidavit of Support. The prenuptial agreement can protect your assets, income, investments, savings. A prenuptial agreement is suggested.
You can and should take steps to terminate liability und the I-864 as soon as possible. This can be done by making sure your spouse seeks employment and works with a work visa in the United States. Ecourage your spouse - beneficiary of the I-864 - to learn to speak read and write English so that he or she can take the Naturalization Citizenship exam as soon as possible. Once a citizen the i-864 Affidavit of Support will terminate by operation of law.
Litigation of the I-864 Affidavit of Support in federal court is becomming more common. There are foreign nationals who have become aware of the obligation to be supported. They are predators and plot to meet an American citizen and marry the american citizen spouse by first obtaining a fiance visa immigrant visa or adjusting status in the U.S. Once they have their green card they leave their U.S. citizen spouse and sue for support. Mulder Law is here to defend the American citizen who has been a victim of marriage fraud.
Because there is little case presedence regarding the I-864, the defendant has rood to present his or her personal situation and defenses. There is much room for argument regarding the legislation found in the INA; Immigration Nationality Act and the intent of congress in writing it.
Attorney Fees in a Breach of Contract case can be scary and expensive. Plaintiff attorneys in the I-864 claim use this fear as a tool to encourage the sponsor to settle the claim. The sponsored green card hold has no standing to settle a claim for support under the I-864 Affidavit of Support. Only a party to the contract has standing to settle. Don’t fall for this predatory tool. The plaintiff’s attorney is looking for an easy pay out from you. Sometimes the plaintiff’s attorney can be as predatory as his or her client who has plotted this scheme from the beginning. The attorney would like to scare you into settling. A green card holder’s attorney is entitled to know fees unless the attorney has earned the attorney fees. We have already discussed attorney fees and unclean hands. Plaintiff’s attorney may be responsible to pay your attorney fees and it is shown that the attorney knew or should have known the plaintiff’s claim was firvilous.
