In 1996, as a result of the passage and implementation of the Illegal Immigration Reform and Immigrant Responsibility Act, or IIRAIRA, Congress created the requirement that ALL family based visas and some employment based visas have the sponsoring citizen or business submit an enforceable Affidavit of Support. 

As a result, the Form I-864 Affidavit of Support was born. Over the years since its inception, issues have come up that puts the sponsoring US citizen in a very precarious position that leaves people wondering what in the world happened to Contract Law and The Constitution. 

Below is a Florida Bar Journal Article that goes into great detail explaining the pitfalls awaiting American citizens who cavalierly submit one of these Affidavits of Support, throwing caution to the wind, assuming their government will protect them. NOTHING could be further from the truth. 

I-864 Florida Bar Journal Article.pdf (PDF — 266 KB)

And if you think it can’t happen to you, then get your favorite adult beverage, sit down and digest this recent United States District Court decision out of San Francisco. You aren’t going to like it, but you need to know about this so you can defend yourself against situations like this. 

US District Court for Northern District California re I-864.pdf (PDF — 149 KB)

Given how these cases are evolving in the courts, this issue must be discussed with your attorney, should you find yourself embroiled in a divorce matter involving your foreign born spouse who obtained status through their marriage to you.