The Truth About Marriage Fraud and the I-864 Affidavit of Support: What Every Sponsor Should Know

If you sponsored your spouse or another family member for permanent residence and later discovered that the marriage may have been fraudulent, you are probably asking the same question thousands of sponsors have asked before you:

"Does marriage fraud end my responsibility under the Form I-864 Affidavit of Support?"

The answer requires an understanding of how Congress structured the law. The good news is that the answer is often more complex—and more encouraging—than many sponsors are led to believe.

Understanding Marriage Fraud

Marriage fraud occurs when a marriage is entered into for the purpose of evading the immigration laws rather than establishing a genuine marital relationship.

Congress made marriage fraud a matter of immigration law. As a result, allegations of marriage fraud are investigated and administered by U.S. Citizenship and Immigration Services (USCIS) and, when appropriate, decided through removal proceedings in the immigration courts.

Those proceedings determine whether an immigrant should retain lawful permanent resident status.

They do not, by themselves, determine whether a sponsor remains liable under the Form I-864 Affidavit of Support.

Understanding that distinction is the first step in understanding your legal rights.

The Form I-864 Is More Than an Immigration Form

Many people think of the Form I-864 only as another immigration document required to obtain a green card.

That is true—but only at the beginning of the process.

Once the intending immigrant is admitted to the United States as a lawful permanent resident, the Affidavit of Support becomes an enforceable federal contract created by Congress. Congress also granted the sponsored immigrant the right to enforce that contract in state or federal court.

From that point forward, questions concerning the sponsor's legal obligations are decided by judges applying federal statutes, federal regulations, and the growing body of case law interpreting the I-864.

In other words, the immigration process creates the contract. The judiciary determines whether the contract has been breached.

Congress, USCIS, and the Courts Have Different Responsibilities

Understanding the role of each branch of government helps explain how marriage fraud will effect a sponsor's obligations.

Congress enacted the Immigration and Nationality Act and created the Form I-864 Affidavit of Support. Congress also defined the events that terminate a sponsor's contractual obligations.

The Executive Branch, acting through USCIS and the Department of Homeland Security, administers the immigration laws, investigates allegations of marriage fraud, and initiates removal proceedings when warranted.

The Judiciary has a different responsibility. State and federal courts determine whether the I-864 contract has been breached, whether damages exist, what financial support must be considered, whether offsets apply, and whether one of the statutory terminating events has occurred.

Each performs a different function under the law.

When Marriage Fraud May Lead to Termination of the Contract

When USCIS determines that an immigrant obtained lawful permanent resident status through marriage fraud, the agency may initiate removal proceedings before an immigration judge.

If the immigration court revokes the immigrant's lawful permanent resident status and the immigrant is removed from the United States, the sponsor's obligations under the I-864 terminates because one of the statutory conditions affecting the enforceability of the contract has occurred.

The important point is that the immigration proceeding—not merely the allegation or proof of fraud itself—may ultimately produce the legal result that affects the contract.

Effective I-864 Representation Requires Courtroom Experience

The Form I-864 begins as part of the immigration process. Once litigation begins, however, the issues become questions of statutory interpretation, federal regulations, contract law, civil procedure, evidence, damages, and the developing body of federal and state decisions interpreting the Affidavit of Support.

Representing a sponsor in an I-864 lawsuit therefore requires more than understanding how the immigration process works. It requires experience litigating the contract in court, analyzing the sponsor's available defenses, evaluating offsets, interpreting federal case law, and presenting those issues before a judge.

Every I-864 case turns on its own facts and the applicable law. The focus should always remain on achieving the best legal outcome for the sponsor under the statutes enacted by Congress and the decisions interpreting them.

Your attorney should be a representative that is in the fight to the end and willing and able to defend you in any necessary forum whether it be the USCIS, ICE, EOIR, State Court, Federal Court...

Where the Sponsor is ready and willing to Defend Himself the terms of the I-864 Contract are in the Sponsor's Favor.

Every I-864 case should be carefully analyzed to determine whether the plaintiff can establish a breach of the contract, whether the claimed damages are legally recoverable, whether income and other financial support reduce or eliminate any alleged deficiency, whether statutory terminating events have occurred, and what other defenses may be available under federal law.

Understanding how the law actually works gives sponsors something far more valuable than assumptions—it gives them the opportunity to make informed decisions based on the statutes enacted by Congress and the decisions of the courts that enforce them.

At Mulder Law Office, P.A., our practice is devoted to representing United States citizens who are sued under the Form I-864 Affidavit of Support. We believe that every sponsor deserves an accurate explanation of the law, a thorough evaluation of the facts, and a defense strategy grounded in the federal statutes, regulations, and judicial decisions that govern this unique federal contract.