I-864 Lawsuit Defense for Sponsors and Defendants

DEFENDANT-SIDE REPRESENTATION

Served With an I-864 Demand or Lawsuit?

You may have more options than you think.

If you signed an Affidavit of Support and are now facing a demand letter, summons, or complaint, deadlines may already be running. Wilner & O’Reilly provides nationwide I-864 lawsuit defense for sponsors, joint sponsors, and other defendants. We represent defendants only in these matters.

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Nationwide representation. Response within 24 hours.

Defendant-side onlyWe never represent plaintiffs in I-864 claims.

Nationwide I-864 defenseRepresentation for sponsors and defendants across the United States.

Free, confidential reviewSend us the demand, summons, complaint, or related documents.

Response within 24 hoursPrompt attention when deadlines may already be running.

Overview

A signed Form I-864, Affidavit of Support, can become the subject of a demand letter, lawsuit, or dispute involving the sponsor, joint sponsor, sponsored immigrant, government benefits, or claimed financial support. Signing the form is not the end of the story — enforceability, timing, and the specific facts of your case all matter.

Our attorneys review the signed forms, immigration records, claimed damages, and procedural posture to build a defense strategy specific to your situation. Wilner & O’Reilly’s I-864 lawsuit defense practice represents sponsors and defendants nationwide.

For the governing federal statute, review 8 U.S.C. Section 1183a and the USCIS Form I-864 instructions.

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You May Have a Defense — Here’s Why

1
Your obligation may already have ended. Certain events can terminate an I-864 obligation, and we review each one that could apply.
2
The claimed amount may be wrong. Damages calculations can be overstated, miscalculated, or unsupported by the available records.
3
Enforceability may need to be evaluated. How and when the affidavit was signed, the immigration history, and the specific facts can matter.
4
Procedure matters. Service, filing deadlines, venue, and jurisdictional issues can affect the case and available strategy.

What Sponsors Should Do Now

Preserve the documents

Keep the demand letter, complaint, summons, signed Form I-864, immigration filings, notices, benefits records, payment records, and all related communications.

Identify every deadline

Note response dates, hearing dates, service details, and any deadline stated in the demand. Missing a deadline can affect the available defense strategy.

Get a defense review

Do not ignore the claim or make substantive admissions before counsel reviews the documents and the procedural posture of the matter.

How We Build Your Defense

Is the affidavit enforceable?

We review the signed form, sponsorship records, and filing history for arguments that may affect whether the affidavit is enforceable in your case.

Has your obligation ended?

We examine the timeline and events, including changes in status, residence, or other legally relevant circumstances, that may affect whether the obligation has terminated.

Are the claimed damages accurate?

We audit income calculations, benefits claims, payment records, and the damages theory against the available evidence.

Was the case filed and served correctly?

We evaluate service, venue, jurisdiction, pleadings, deadlines, and other procedural issues that may affect the case.

What’s the best path forward?

Where appropriate, we discuss settlement, negotiation, motion practice, or litigation strategy based on the facts and what provides the strongest position.

Documents & Resources

USCIS Form

Form I-864, Affidavit of Support

Official USCIS form used in covered immigration cases.

View Form I-864

USCIS Instructions

Instructions for Form I-864

USCIS instructions describing how the affidavit is completed and submitted.

View Instructions

Federal Law

8 U.S.C. Section 1183a

Federal statute addressing affidavits of support and enforcement.

Read the Statute

Department of State

Affidavit of Support Information

Department of State information about the affidavit in the immigrant visa process.

Read DOS Guidance

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Latest Updates

Our team monitors developments affecting Form I-864 enforcement and defense-side litigation. Check back for additional analysis.

Current focus

What to Do After Receiving an I-864 Demand or Lawsuit

A demand or lawsuit requires prompt attention. Review the documents, preserve deadlines, and obtain a defense-side assessment before responding.

Read Article

ImmiGreat Podcast

Episode 19: Divorced But Still Liable

Richard Wilner explains why an I-864 support obligation may continue after divorce and what sponsors should understand.

Watch or Listen

Immigration services

Family-Based Immigration

Learn more about family-based immigration processes that may involve an Affidavit of Support.

Explore Service

Immigration services

Green Cards & Adjustment of Status

Review related information about adjustment of status and permanent residence.

Explore Service

Affidavit of Support

Affidavit of Support Enforcement Guide

Review sponsor duties, enforcement concepts, and issues that may arise when support obligations are disputed.

Read Enforcement Guide

Sponsorship

Immigration Sponsorship Obligations

Learn about sponsor responsibilities and practical issues that can affect an immigration sponsorship.

Read Sponsorship Guide

Form I-864

Understanding the Affidavit of Support

Explore the purpose of Form I-864 and why the affidavit matters in U.S. immigration cases.

Read Affidavit Guide

I-864 Lawsuit Defense FAQs

I received a letter saying I owe money because of an I-864 I signed. Is this real?

It may be. An I-864 demand can assert rights under a federally enforceable Affidavit of Support. Do not ignore the letter: preserve it, note every stated deadline, and have the signed form and claimed amount reviewed before responding.

Can I actually be sued over an I-864?

Yes. A sponsored immigrant or another legally eligible claimant may bring an enforcement action in some circumstances. Whether the claim succeeds depends on the signed affidavit, the parties, timing, damages, governing law, and court procedure.

I just got served with a lawsuit — what do I do right now?

Record the service date, calendar the response deadline, preserve every document, and avoid making admissions or signing an agreement before receiving legal advice. Review our immediate steps after an I-864 demand or lawsuit.

If my ex remarries, does that end my obligation?

Remarriage by itself generally does not terminate an I-864 support obligation. Federal law identifies specific terminating events, so the immigration history and other facts should be reviewed before assuming the obligation has ended.

What should I have ready before I call a lawyer?

Gather the signed Form I-864 or I-864A, demand letter, summons or complaint, immigration records, divorce documents, financial and benefits records, payment history, and communications concerning support.

Does getting divorced end my I-864 obligation?

No. Divorce alone generally does not terminate the federal I-864 obligation. Richard Wilner discusses this issue in ImmiGreat Podcast Episode 19.

Can I withdraw my I-864 once we’re divorced?

Generally, an affidavit cannot simply be withdrawn after the sponsored immigrant has obtained permanent resident status based on it. Whether an obligation remains enforceable requires review of the immigration history and any legally recognized terminating event.

I signed as a joint sponsor, not the main sponsor. Can I still be sued?

Yes. A joint sponsor signs a separate support commitment and may face a claim in some circumstances. The executed documents, immigration records, claimed damages, and procedural history should be evaluated individually.

Get Help With Your I-864 Defense

If you have received an I-864 demand, summons, or lawsuit, deadlines may already be running. Our attorneys can review the documents, claimed damages, and procedural posture to identify the next step.

Get a Free Defense Case Review

This page provides general information and is not legal advice. Representation is limited to defendants in I-864 demand and litigation matters.