Yes – in most says the fresh new USCIS Mode I-864, Affidavit out-of Support shall be implemented in a divorce case. A family rules judge has got the authority so you can enforce the latest I-864 either (1) since the a violation regarding offer claim otherwise (2) because of spousal restoration (also called alimony). However, due to the fact chatted about less than, separation and divorce courtroom is not the best most beautiful Bally in India girl method in order to demand the newest Means We-864, and be thinking about playing with a federal lawsuit rather.
Manage relatives rules courts feel the capability to enforce the shape I-864, Affidavit regarding Assistance?
The proper execution We-864 is generated by federal immigration legislation. Discover 8 You.S.C. 1183a. For those who ask children law attorneys in case the Form I-864 will be implemented, something you can sometimes listen to are, “this is exactly a national legislation procedure that needs to be enforced from inside the federal judge.” That’s ultimately incorrect for 2 explanations.
Very first, the shape I-864 try an agreement. Particularly, it’s a contract within Affidavit away from Assistance mentor and you will the us authorities.