Support Under The Federal Immigration I-864 Affidavit of Support Versus California’s Family Code and State Case Law: What Family Law Attorneys Should Know

Faith Nouri

Faith Nouri is a principal attorney at Nouri Law Corporation and has a dual license to practice in the U.S. and Canada. She is a Family Law Specialist designated by the State Bar of California, minor’s counsel, mediator and collaborative divorce attorney. Ms. Nouri represents clients from 26 countries and handles California family law, international abduction, and U.S. and Canada immigration and cross-border issues including inadmissibility into US and Canada. She can be reached at www.nourilaw.com

This article examines the Affidavit of Support mandated by the Department of Homeland Security (DHS) or State Department for family-based immigration cases when a U.S. citizen agrees to sponsor an intended immigrant, and the immigration laws that apply to the marriage between the sponsoring and intended immigrant spouses and the dissolution of that marriage. In many ways, those laws are different and directly contrary to California’s Family Code and case law that otherwise would govern the dissolution. This article explores how those laws differ and offers some practice tips for California family law attorneys to consider when represent either party to the dissolution.

What is a Department of Homeland Security I-864 Affidavit of Support Filed on Behalf of an Immigrant?