Would you impose the shape I-864 Affidavit of Service inside the a divorce case?
Sure – for the majority claims the fresh new USCIS Setting I-864, Affidavit from Support should be enforced when you look at the a splitting up. A family legislation courtroom provides the authority so you’re able to demand the latest We-864 possibly (1) since a violation of bargain allege or (2) as a result of spousal repairs (referred to as alimony). However, just like the talked about less than, separation and divorce courtroom is not the best way so you’re able to impose this new Function We-864, and you will want to consider using a national suit rather.
Perform family unit members laws process of law feel the capability to demand the form I-864, Affidavit out-of Help?
The design We-864 is generated by the federal immigration laws. Find 8 U.S.C. 1183a. For folks who ask a household law attorneys whether your Function We-864 will be implemented, something that you will often hear are, “this can be a federal rules matter that must be enforced from inside the federal judge.” That is eventually incorrect for a couple of factors.
Basic, the form We-864 are an agreement. (more…)
