The I-864 Affidavit of Support
What you should Know before you Sign the I-864; Affidavit of Support.
Before you sign the I-864 know;
The elements of the contract,
Your responsibility as a sponsor,
Your potential liability.
Most immigration attorneys know that the I-864 is a form that must be signed with supporting documents pursuant to a marriage or family adjustment. Beyond the filing of the form they know nothing about the potential consequences and defenses to enforcement.
Kyndra L Mulder, Esquire, is one of few attorneys in the United States that has knowledge and experience in representation and litigation in the defense of enforcement of the I-864.
The best defense to I-864 enforcement is to be proactive in compliance with the terms and termination of the contract as soon as possible. This can be achieved by consulting with Kyndra L Mulder, Esquire, before you sign the I-864 Affidavit of Support.
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When you Sign the I-864 you enter into a Contract with the U.S. Government.
The I-864 Affidavit of Support is a Contract between a sponsor(s) and the U.S. Government.
The immigrant is not a party to the contract. The immigrant is a third-party beneficiary with standing to enforce the contract in divorce proceedings or in federal court.
The legislative intent in writing 8 CFR 213A was to insure that an immigrant, brought to the United States by the sponsor, will not become reliant on the American taxpayer for support. This is accomplished by making the sponsor responsible for the support of the immigrant you sponsored.
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Should I Sign the I-864?
When considering whether to sign the I-864 Affidavit of Support as a sponsor it is important to know what you are getting yourself into:
What are the terms of the contract?
What is my responsibility under thw contract?
What is my possible liability under the contract?
When does the contract terminate?
What constitutes support?
Why am I the only party that signs the contract? Isn’t a contract between at least two parties?
How can I plan to terminate this ccontract as soon as possible?
What are the responsibilities of the beneficary?
The above are all important questions that you should know the answer to before signing the I-864. It is suggested ihat you consult with Kyndra L Mulder, Esquire
Attorney Mulder is one of few attorneys in the United States who specializes in I-864 defense and litigation of the contract. She is knowledgable and experienced in advising clents on proactive measures that can be taken to terminate the contract as soon as possible and to limit any potential liability that the sponsor may have..
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Proactive Defenses to Enforcement
To be proactive, know the beneficiary and his or her plans. Encourage the immigrant to learn English and get a job. encourage the immigrant to become a U.S. citizen as soon as he or she qualifies. It is very important that the immigrant and the sponsor pay Social Security Taxes.
If the immigrant is not willing to pursue the foregoing this is a red flag. You should take a step back and reconsider whether you should sign the I-864 Contract.
Be informed of the possible consequences if the relationship does not work out and our are sued for breach of contract or immigration alimony.
To determine whether you have defenses to enforcement of the contract it is important to keep in mind the congressional intent of congress in creating the I-864: To protect the taxpayer from having to support the immigrant.
Never settle a claim for breach of the I-864 contract with the third-party beneficiary. Only the parties to the Contract have authority to settle.
There may be defenses that do not terminate the contract but limit liability. The immigrant is not entitled to a wind fall of support from various sources.
Unclean hands or fraud is not a defense enforcement of the I-864. It may be a defense to an attorney fees to the plaitiff’s attorney. .
I-864 Defense
What to Look for in an I-864 Lawyer
Lawsuits brought in Federal Court to enforce the I-864 Affidavit of Support or in the context of divorce proceedings are becoming more common. This is a very unique area of Immigration Law and Contract Law. You will find that most immigration attorneys have no experience in the area and know very little about the I-864 Affidavit of Support. Look for an attorney that has experience in this area and approaches your defense from the Contract perspective.
Kyndra L Mulder, Esquire is one of few attorneys in the U.S. who has the experience and knowledge required for successful litigation in this area.
Testimonials
Why Team with Mulder Law
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Commitment
The Mulder Law commitment is to follow through with intention and focus. My commitment to my clients is to follow through with a purpose and a plan of action. I will listen to you in defining your purpose and we will build a plan together. The purpose and plan will be put in writing.
I will answer or promptly return your phone calls,
I will meet with you personally,
I will appear personally at your interviews and hearings.
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Experience
There is no substitute for experience. Think of a weight lifter; the more the weight lifter works out the stronger s/he becomes and the more weight s/he is able to lift. It is the same with the practice of immigration law; the more practice the more knowledgeable and skilled the attorney becomes.
I have over 34 years experience and focus on immigration cases that require a waiver. I have developed a skill at identifying purpose, developing a plan, and implementing the plan.
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Passion
I have been practicing law for more than 34 years. At this stage in my career I have narrowed my practice and I am selective in the clients I choose to team with. My practice is narrowed to Immigration cases that require a waiver. If I choose to team with you, your case is my case and your victory is my victory. I will be with you all the way.
If I can not represent you with passion, I will not take you as a client.