It is important for every sponsor to understand that reporting marriage fraud to USCIS and defending an I-864 enforcement lawsuit are two separate legal proceedings. Marriage fraud is an immigration issue decided through the administrative process, while an I-864 claim is a contract action decided by a state or federal court. Simply alleging marriage fraud does not relieve a sponsor of liability under the I-864. 

A finding of marriage fraud may result in an event that terminates the I-864 Contract. Until such a terminating event actually occurs, however, the sponsor may remain liable under the I-864 and must take appropriate action to defend against the immigrant’s claim.

Marriage fraud and enforcement of the I-864 Contract are separate legal matters. Allegations of marriage fraud concern the immigrant’s immigration status and are determined by U.S. Citizenship and Immigration Services (USCIS) or, where applicable, by the Executive Office for Immigration Review (EOIR) through the Immigration Court. By contrast, an action to enforce the I-864 is a contract action brought in federal or state court. The two proceedings involve different legal issues, different forums, and different standards for determining the parties’ rights and obligations.

Reporting Marriage Fraud addresses the immigrant’s immigration status and may indirectly lead to an event that terminates the I-864 Contract. I-864 litigation involves the judiciary and is determined by the Court and not by the USCIS. You must defend against the I-864 enforcement in court or a judgment will be entered against you. Reporting marriage fraud is optional and has no impact on the I-864 enforcement unless the immigrant’s LPR status is revoked and the immigrant is deported permanently..

If you have been sued under an I-864 Affidavit of Support, you are facing a federal contract enforcement action that may be filed in state court or federal court, often arising after divorce or immigration sponsorship disputes.

The central question is whether the sponsored immigrant's available financial support satisfies the federal support obligation established by Congress

The Form I-864 Affidavit of Support creates a binding financial obligation, but enforcement is not automatic. In federal court, defendants have several strong legal defenses that can defeat or significantly limit an I-864 claim.

Marriage fraud, also known as immigration fraud, is when a person enters into a marriage solely for the purpose of obtaining a green card or other immigration benefits. This is considered a federal crime and can lead to imprisonment and hefty fines.