If you have signed the Form I-864 Affidavit of Support and it has become a binding federal contract under 8 U.S.C. § 1183a, you are no longer dealing with a routine immigration filing issue—you are facing potential federal contract litigation. At that stage, the legal dispute is not about immigration processing or USCIS procedures, but about enforcement of a statutory support obligation in court.

You are not simply looking for an immigration attorney who prepares forms for USCIS or the Department of State. You need a litigation attorney with experience in federal contract law, statutory interpretation of the Immigration and Nationality Act, and I-864 Affidavit of Support case law. Effective defense of an I-864 enforcement action requires knowledge of how federal courts interpret sponsor obligations, 125% Federal Poverty Guidelines calculations, termination provisions, and available contract-based defenses.

Because the I-864 is enforced as a legally binding contract with third-party beneficiary rights, the case is handled through civil litigation procedures—motion practice, discovery, summary judgment, and trial—not administrative immigration processes. Accordingly, the proper representation is an attorney experienced in federal litigation and contract enforcement, not solely immigration form preparation or agency practice.

When considering whether to sign the I-864 Affidavit of Support as a sponsor it is important to know what you are getting yourself into:

What are the terms of the contract?

What is my responsibility under the contract?

What is my possible liability under the contract?

When does the contract terminate?

What constitutes support?

Why am I the only party that signs the contract? Isn’t a contract between at least two parties?

How can I plan to terminate this contract as soon as possible?

What are the responsibilities of the beneficiary?

The above are all important questions that you should know the answer to before signing the I-864. It is suggested that you consult with Kyndra L Mulder, Esquire before you sign. We will discuss your circumstances, obligations under the contract, and ways to plan ahead to terminate the contract.

Attorney Mulder is one of few attorneys in the United States who specializes in I-864 defense and litigation of the contract. She is knowledgable and experienced in advising clients on proactive measures that can be taken to terminate the contract as soon as possible and to limit any potential liability that the sponsor may have..

To be proactive, know the beneficiary and his or her plans. Encourage the immigrant to learn English and get a job. encourage the immigrant to become a U.S. citizen as soon as he or she qualifies. It is very important that the immigrant and the sponsor pay Social Security Taxes.

If the immigrant is not willing to pursue the foregoing this is a red flag. You should take a step back and reconsider whether you should sign the I-864 Contract.

Be informed of the possible consequences if the relationship does not work out and you are sued for breach of contract or immigration alimony.

To determine whether you have defenses to enforcement of the contract it is important to keep in mind the congressional intent of congress in creating the I-864: To protect the taxpayer from having to support the immigrant.

Never settle a claim for breach of the I-864 contract with the third-party beneficiary. Only the parties to the Contract have authority to settle.

There may be defenses that do not terminate the contract but limit liability. The immigrant is not entitled to a wind fall of support from various sources.

The Mulder Law commitment is to follow through with intention and focus. My commitment to my clients is to follow through with a purpose and a plan of action. I will listen to you in defining your purpose and we will build a plan together. The purpose and plan will be put in writing.

I will answer or promptly return your phone calls,

I will meet with you personally,

I will appear personally at your interviews and hearings.

There is no substitute for experience. Think of a weight lifter; the more the weight lifter works out the stronger s/he becomes and the more weight s/he is able to lift. It is the same with the practice of immigration law; the more practice the more knowledgeable and skilled the attorney becomes.

I have over 34 years experience and focus on immigration cases that require a waiver. I have developed a skill at identifying purpose, developing a plan, and implementing the plan.

I have been practicing law for more than 34 years. At this stage in my career I have narrowed my practice and I am selective in the clients I choose to team with. My practice is narrowed to Immigration cases that require a waiver. If I choose to team with you, your case is my case and your victory is my victory. I will be with you all the way.

If I can not represent you with passion, I will not take you as a client.