Oral arguments have been set in the first Washington State appeals case to consider issues relating to the I-864, Affidavit of Support. The principal issue in Matter of Khan (Div. II 44814-9-II) is the appropriate duration of spousal maintenance. In Khan the trial court agreed that it was appropriate to award spousal maintenance to an I-864 beneficiary based on the husband’s support duties under the Affidavit of Support. But in Khan the trial court set the duration of support shorter than the 5 terminating conditions set forth in the I-864. The appellant-beneficiary argues this shortened duration was erroneous, and that the trial court should have set duration based on the terminating conditions in the I-864.
The I-864 beneficiary is represented by this blog’s author, attorney Greg McLawsen. Arguments are set for June 23, 2014 at 9:00 at Court of Appeals Division II (950 Broadway, Tacoma, WA 98402).