Sure – in the most common says the brand new USCIS Means We-864, Affidavit of Help will be implemented in the a splitting up. A family group law court provides the expert so you’re able to demand the fresh new I-864 possibly (1) because the a breach out-of offer claim or (2) thanks to spousal fix (referred to as alimony). However, as the chatted about below, split up judge isn’t the most practical way so you can impose this new Function I-864, and you can be interested in playing with a federal lawsuit alternatively.
Manage relatives legislation courts feel the power to enforce the form I-864, Affidavit from Assistance?
The form I-864 is made by federal immigration laws. Select 8 You.S.C. 1183a. For those kissbrides.com home who ask a family law lawyer if for example the Mode We-864 will be implemented, something you will often listen to try, “this might be a national rules thing that have to be implemented from inside the federal legal.” That’s eventually completely wrong for 2 reasons.
Very first, the proper execution We-864 is actually a contract. Leggi tutto “Can you enforce the form I-864 Affidavit away from Help from inside the a divorce proceedings?”