This book is a resource to help family law and general practice attorneys understand the Form I-864. Drawn from material previously published in the ABA Family Law Qaurterly and Benders Immigration Bulletin, this book is the most detailed guide available to enforcing rights under the Form I-864. The book summarizes all available U.S. case law, published and unpublished.
Topics covered in this book include:
- Duration of obligations. When does obligation of financial support commence, and when does it cease?
- Defenses. When an U.S. petitioner is sued under the Form I-864, what defenses may be raised?
- Damages. What amount may the family member recover if she sues her U.S. sponsor?
- Federal court jurisdiction. How do federal courts assess subject matter and personal jurisdiction in suits by I-864 beneficiaries?
- State court jurisdiction. May the family member use alimony as a mechanism to enforce the support obligation? May she otherwise sue her petitioner in state court?
- Issue and claim preclusion. Under what circumstances will litigation history prevent a family member from subsequently seeking enforcement of her support rights?
- Nuptial agreements and waivers. May the family member and petitioner agree to waive rights under the Form I-864?