I-864 and fraud

I-864 and fraud

Do you have questions about completing Form I-864? Call us at (619) 746-8879

The I-864 affidavit of support is a document that needs to be filled out by the petitioner in all family-based immigration cases, including those based on marriage. In this contract, the petitioner promises the United States government to financially support the immigrant.

This form is a binding legal contract between the petitioner of the immigrant and the United States government. It can be signed as a visa petitioner or as a joint sponsor. It was created for greater assurance that immigrants would not drain on public resources and if they needed financial support it would come from the visa sponsor and not through welfare programs.

In addition, by signing the I-864 form you promise that the intending immigrant has income that is at least 125% of the federal poverty guidelines. If it is below the required level, you are legally required to provide him/her support to make up the difference.

Even if the couple gets divorced the immigrant will still be entitled to support from the petitioner. If he or she does not provide financial support, the immigrant can sue him/her in court. 

This is a contract between the US government and the citizen and it lasts until the immigrant becomes a U.S. citizen, can be credited with 40 quarters of work, is no longer a permanent resident and has departed the United States, has a permanent residency based on a different I-864, or dies.

What is I-864 fraud?

When a U.S. citizen claims to have signed the I-864 joint sponsor form as a petition of an immigrant that later allegedly took advantage of him/her in order to obtain a Green Card is what I-864 fraud refers to.

Normally, the petitioner that believes to have been defrauded would say that the spouse never really loved him or her and that it is not fair to have to continue to legally provide financial support if they are no longer together and the marriage was the “means to an end”.

What to do if you suspect to have been a victim of marriage fraud?

If you think you have been a victim of marriage fraud, it is advisable to contact a lawyer, likely a family law attorney to first determine what recourses can be taken in family court. An expert in this matter can help you obtain a marriage annulment based upon fraud if this was the case. At Kannan Law, we work closely with attorneys who can help you with this narrow family law issue.

If the U.S. Citizenship and Immigration Services, USCIS, still has not made a decision on your Form I-751 (Petition to Remove the Conditions of Permanent Residence), you can submit a letter to the agency asking to withdraw the joint petition and not attend any scheduled interviews.

However, if your spouse has already received the ten-year Green Card there is not much you can do besides reporting him or her in for marriage fraud to USCIS or to ICE (Immigration and Customs Enforcement). Be careful because if the government suspects you were complicit in the fraudulent marriage, you could also be investigated.

If you believe this has happened to you, please contact an immigration attorney immediately. We are available to help you with your situation at Kannan Law in California where we have wide expertise in immigration cases. Contact us today for a consultation!