(Download) "Immigration Form I-864 (Affidavit of Support) and Efforts to Collect Damages As Support Obligations Against Divorced Spouses - What Practitioners Need to Know" by Florida Bar Journal * eBook PDF Kindle ePub Free
eBook details
- Title: Immigration Form I-864 (Affidavit of Support) and Efforts to Collect Damages As Support Obligations Against Divorced Spouses - What Practitioners Need to Know
- Author : Florida Bar Journal
- Release Date : January 01, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 100 KB
Description
Imagine a spouse who can sue his or her former spouse for support every year until either dies. Imagine the suing spouse bringing an action in state court and, if unhappy with the outcome, moving to federal court for a new law suit for support, and then going back to state court to sue, yet aagain, for the following year's support. An impossible scenario? Not any longer. The I-864, affidavit of support, is a little-known form (outside of immigration law) that has become pertinent in family law and federal court litigation. The form is required as part of the application process for an alien who seeks to obtain lawful permanent residence in the U.S. (1) The form requires that a U.S. citizen or lawful permanent resident petitioner agrees to support the beneficiary at 125 percent of the applicable federal poverty guidelines in the event the intended immigrant earns less than that amount or becomes a public charge. (2) Although the agreement is between the petitioner and the federal government, all courts that have considered the issue have held that the agreement constitutes a binding, enforceable contract. (3)
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