The I-864 Affidavit of Support, Marriage Fraud, and I'm Being Sued

What Every U.S. Sponsor Should Know About Reporting Marriage Fraud to USCIS While Defending an I-864 Lawsuit

If you are an American citizen who sponsored your spouse for a green card and you are now being sued under the Form I-864 Affidavit of Support, you may be wondering whether your spouse entered the marriage in good faith or simply used the marriage to obtain immigration benefits.

If your immigrant spouse left the marriage shortly after receiving a conditional green card, you are not alone.

Unfortunately, I speak with sponsors every week who tell me the same story. They fell in love, married in good faith, signed the Form I-864 because immigration law required it, and shortly after their spouse became a lawful permanent resident, the marriage ended. Months or years later, they are served with a lawsuit demanding financial support under the I-864 Affidavit of Support.

Many of these sponsors believe there is nothing they can do because their spouse already received a green card.

That is one of the biggest misconceptions I encounter.

USCIS Has Increased Its Focus on Immigration Fraud Investigations

Recent announcements by U.S. Citizenship and Immigration Services (USCIS) demonstrate an increased emphasis on investigating immigration fraud and protecting the integrity of our immigration system.

USCIS has publicly announced expanded fraud detection efforts, increased referrals to its Fraud Detection and National Security Directorate, closer coordination with U.S. Immigration and Customs Enforcement (ICE), and additional resources devoted to identifying fraud in immigration applications.

These efforts extend across many immigration programs, including marriage-based immigration.

If you believe you were the victim of marriage fraud, this is not the time to remain silent.

USCIS cannot investigate facts it never receives.

Marriage Fraud Is an Administrative Immigration Matter

Many people mistakenly believe that a divorce judge or a federal judge hearing an I-864 lawsuit determines whether an immigrant committed marriage fraud.

That is not how our immigration system works.

Congress assigned responsibility for administering our immigration laws to the Department of Homeland Security, including USCIS.

Whether a marriage was entered into in good faith is primarily an administrative immigration issue.

USCIS evaluates the evidence.

USCIS determines whether an immigrant continues to qualify for immigration benefits.

USCIS determines whether additional immigration benefits should be granted.

If credible evidence suggests that a marriage was entered into primarily to obtain immigration benefits rather than establish a genuine marital relationship, USCIS has the authority to investigate those allegations through the administrative process established by Congress.

A Federal or State Court Handles an I-864 Lawsuit

Although the Form I-864 begins as part of the immigration process, its enforcement occurs in court.

When an immigrant files a lawsuit alleging that the sponsor breached the Form I-864 Affidavit of Support, the case becomes a judicial proceeding.

The lawsuit may be filed in federal court.

In some states, I-864 claims may also be addressed during divorce proceedings.

The court's responsibility is different from USCIS's responsibility.

The court determines whether the sponsor has legal obligations under the Form I-864.

USCIS determines whether the immigrant continues to qualify for immigration benefits.

These are separate proceedings involving different legal standards.

For that reason, sponsors should often pursue both matters at the same time.

Why You Should Report Marriage Fraud to USCIS

Many sponsors tell me:

"My spouse already has a green card. Reporting the fraud won't accomplish anything."

That assumption may be wrong.

Many immigrants continue to seek additional immigration benefits after receiving conditional permanent residence.

USCIS continues reviewing an immigrant's eligibility throughout the immigration process.

A factual report submitted by the sponsoring spouse may become part of the immigrant's administrative record and may be reviewed during future immigration proceedings.

Depending upon the circumstances, information contained in the immigration file may also become available to other agencies within the Department of Homeland Security involved in immigration enforcement.

If you possess credible evidence of marriage fraud, there is no benefit to waiting.

When Should You Suspect Marriage Fraud?

Not every divorce is the result of fraud.

People marry for the right reasons and later discover they are incompatible.

However, certain facts should cause a sponsor to take a closer look.

One of the most significant warning signs occurs when an immigrant spouse leaves the marriage shortly after receiving a conditional green card.

Standing alone, this does not prove fraud.

However, when combined with additional evidence, it may warrant further investigation.

Examples may include:

• The immigrant never intended to establish a real marital relationship.

• The immigrant immediately moved out after receiving immigration benefits.

• The immigrant maintained another romantic relationship throughout the marriage.

• The immigrant concealed important facts before the marriage.

• The immigrant admitted marrying only to obtain a green card.

• The immigrant refused to participate in a normal marital relationship.

• The immigrant immediately sought divorce after obtaining permanent residence.

Every case is different.

The issue is not whether the marriage ended.

The issue is whether the marriage was entered into in good faith.

What Should Be Included in a Marriage Fraud Report?

One mistake sponsors frequently make is sending USCIS a lengthy emotional letter explaining how hurt they feel.

That is rarely effective.

USCIS investigates facts.

Your report should be organized, concise, and supported by evidence.

At Mulder Law we review your unque situation to create a Notice of Marriage Fraud to the USCIS with attached supporting documents. The stronger the evidence, the more useful it may be during USCIS's investigation.

Marriage Fraud Does Not Automatically End Your I-864 Obligations

This is one of the most misunderstood areas of immigration law.

Even if USCIS ultimately determines that marriage fraud occurred, that finding does not necessarily end your obligations under the Form I-864 Affidavit of Support overnight.

The immigration process and an I-864 enforcement lawsuit are separate proceedings.

Depending upon the facts, the sponsor may continue to have legal obligations until one of the statutory terminating events occurs.

For that reason, reporting marriage fraud should not replace defending an I-864 lawsuit.

You should do both.

Attack the Problem on Two Fronts

If you believe your immigrant spouse committed marriage fraud and you are being sued under the Form I-864, you should consider addressing both proceedings simultaneously.

First, submit a factual, well-supported report to USCIS so the administrative agencies responsible for enforcing our immigration laws have the opportunity to investigate the allegations.

Second, vigorously defend the I-864 lawsuit in the appropriate state or federal court.

These are different proceedings.

They serve different purposes.

But both can significantly affect your future.

How Mulder Law Can Help

Mulder Law is devoted to representing American sponsors who are being sued under the Form I-864 Affidavit of Support.

Unlike attorneys who focus primarily on representing immigrants, I represent the citizens who signed the Affidavit of Support and are now facing years of litigation.

I also understand how allegations of marriage fraud intersect with immigration law, administrative proceedings before USCIS, and I-864 litigation in both state and federal court.

Every case begins with a careful review of the facts.

If the evidence suggests that your spouse entered the marriage to obtain immigration benefits rather than to establish a genuine marital relationship, I can help you prepare an organized, factual report for USCIS while simultaneously developing a legal strategy to defend your rights in court.

If your immigrant spouse left shortly after receiving a conditional green card and you are now asking:

• Can I report marriage fraud to USCIS?

• Can I defend an I-864 lawsuit?

• What happens if my spouse used me to get a green card?

The sooner you obtain experienced legal advice, the more options you may have.

Marriage fraud should be addressed through the administrative immigration process. An I-864 lawsuit should be defended in court. Understanding the difference—and taking timely action in both proceedings—may be one of the most important decisions you make.