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I-864 Enforcement explained by a short vignette...

Phillip, a US citizen, flew to his parent's home country to meet Lily for the first time. They were nervous as they were scheduled to participate in an arranged marriage. The marriage party went well and Phillip soon after petitioned Lily to come to the US. As part of the petition, Phillip signed an I-864 affidavit of support.

Upon entering the US, the abuse began immediately. Unhappy with the marriage, Phillip forced Lilly out of their home a year after she arrived. With no family in the US or way to earn an income, Lilly struggled to support herself. Phillip provided no support and was busy trying to annul the marriage.

After some research and an attorney consultation, Lilly courageously decided to use the I-864 to compel Phillip to financially support her while she got on her feet in the US. Phillip resisted and left Lilly with no choice but to sue him in Federal court. Since I-864 has a fee shifting provision, Lilly was able to retain counsel at no up front cost which was helpful since she wasn't working.

Phillip defended the suit by claiming they were only married for a short time and that he shouldn't owe support because Lilly was young, healthy and able to find work herself. The Judge was unmoved. She correctly held that the 864 contract does not contemplate the length of marriage or the immigrant spouses ability to work in determining liability or the amount of support owed. Phillip's lawyer quickly saw the writing on the wall and counseled Phillip to honor his support obligations and pay Lilly. Lilly received 10 months worth of back support ($13,420) plus an additional $25k to cover future support. Phillip also paid attorneys fees to Lilly's counsel.

This result allowed Lilly to have the funds to rent an apartment and get some need training to find employment. She also had some money left over to pay for the immigration counseling she needed to get her permanent green card despite her separation.

submitted by /u/JoeGentileESQ
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source https://www.reddit.com/r/immigration/comments/pt945a/i864_enforcement_explained_by_a_short_vignette/
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