I-864 Defense: What Every Sponsor Must Know Before It's Too Late,

You signed the Form I-864 Affidavit of Support to help someone you loved come to the United States. At the time, it may have felt like paperwork — a formality. Now you are facing a lawsuit, a demand letter, or the growing fear that your financial future is at risk. You are not alone, and you are not without options.This post explains what the I-864 contract actually means for sponsors, what defenses exist, and why acting quickly — ideally before a lawsuit is ever filed — is the most important thing you can do right now.What Is the Form I-864, and Why Does It Matter So Much?The Form I-864, Affidavit of Support, is a binding legal contract between a sponsor and the United States government. When you signed it, you agreed to financially support the immigrant you sponsored and to maintain their income at or above 125% of the Federal Poverty Guidelines. This obligation does not end at divorce. It does not end if the relationship broke down due to fraud, abuse, or abandonment. It continues until one of a narrow set of terminating events occurs under federal law.Those terminating events are:The sponsored immigrant becomes a U.S. citizenThe immigrant earns 40 qualifying quarters of work credit under Social Security (approximately 10 years of full-time work)The immigrant permanently departs the United States and loses LPR status.The immigrant diesYou (the sponsor) dieThat is the entire list. Divorce is not on it. Fraud is not on it. The immigrant refusing to work is not on it — at least not automatically. This shocks many sponsors who believed the contract would end when the marriage did.                                                           So Does That Mean There Is No Defense?Absolutely not — but the defenses available to sponsors are narrower and more nuanced than in an ordinary contract dispute. Most general immigration attorneys will tell you they have no experience in this area. Courts around the country have held that common law defenses like unclean hands, anticipatory breach, and equitable estoppel are not available to I-864 sponsors. The Seventh Circuit made clear in Liu v. Mund, 686 F.3d 418 (7th Cir. 2012), that a duty to mitigate cannot be raised as a defense. A recent case in the sixth circuit has carved the way for additional defenses to a breach of contract claim. Cases through out the country have expanded the definition of income for I-864 enforcement purposes. Income is support from ALL SOURCES. The foregoing coupled with the requirement that Plaintiff show any short fall of her income in order to show damages seriously handicaps the Plaintiff. Plaintiff’s attorney’s are quick to tell you that you owe 125 percent of the Federal Poverty Guideline since the date that the Plaintiff became a Lawful Permanent Resident. NOT TRUE! Do not panic. A sponsor is not automatically liable for everything claimed. There are meaningful strategies available — especially when pursued proactively. The calculation of damages, the immigrant's actual income, the household size used in the claim, and the specific facts of how the terminating events were handled all matter enormously. A knowledgeable I-864 defense attorney can identify where the opposing party's claim is overreaching and where liability can be reduced or eliminated.Why Proactive Consultation Is the Most Powerful Tool You HaveIf you have not yet been sued but know the marriage is ending — or if you are in divorce proceedings and an I-864 claim is looming — this is the moment that matters most. Consulting with an experienced I-864 defense attorney now can help you understand what steps to take to limit your exposure, encourage the immigrant to take actions that lead to termination of the contract, and position you correctly if litigation does come.Kyndra L. Mulder, Esquire, has been advising and defending sponsors in I-864 cases for years. Her approach begins long before a lawsuit is filed: understanding the relationship, assessing the terminating event landscape, and helping sponsors take informed action — not reactive action.What You Should Do Right NowIf you are a sponsor and any of the following apply to you, you should contact an I-864 defense attorney immediately:You have received a demand letter from an immigrant or their attorney referencing I-864 obligationsYou are going through a divorce with a foreign-national spouseYou have been served with a federal or state court complaint for breach of the I-864You are worried about signing the I-864 in the first place and want to understand what you are agreeing toThe I-864 is one of the most misunderstood contracts in American immigration law. Most attorneys — even experienced immigration lawyers — have never litigated one. You need representation from someone who has.Contact Mulder Law OfficeIf you are a sponsor facing an I-864 lawsuit or demand, you need an attorney who understands this contract from the inside out. Kyndra L. Mulder, Esquire, is one of the few attorneys in the United States with extensive experience litigating I-864 defense cases. Contact Mulder Law Office today for a consultation — the earlier you act, the more options you have.Website: www.i864defense.com | www.jacksonvillecitizenshipservices.com