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Subpoena I864 from USCIS

Subpoena I864 from USCIS

Old Jan 16th 2014, 4:55 am
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Question Subpoena I864 from USCIS

Hi,

How would an attorney go about getting the I-864 from the USCIS with a subpoena? I tried to find more info than just "you'd have to subpoena it" but I can't find anything. Is there a number to call or anything at all?

Also, would the USCIS still have the I-864 for a marriage based immigrant after they naturalize? (So, would a subpoena even turn up anything?)

Thanks for any and all help....

Elaine
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Old Jan 16th 2014, 5:00 am
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Default Re: Subpoena I864 from USCIS

Who wants it and why?
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Old Jan 16th 2014, 5:18 am
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Default Re: Subpoena I864 from USCIS

Me (sponsored immigrant)/my attorney want it for a court case involving the sponsor.
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Old Jan 16th 2014, 5:21 am
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Default Re: Subpoena I864 from USCIS

Did you use an attorney to file it? They will have a copy. If not did you not keep a copy? Sorry if I appear a bit dense but I am pretty certain a competent attorney would know how to get hold it from USCIS ( if they haven't changed their name again) so I am not really following your question. If it is a paper you filed then why not just call them and ask for a copy?
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Old Jan 16th 2014, 6:21 am
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Default Re: Subpoena I864 from USCIS

Originally Posted by HunterGreen View Post
Hi,

How would an attorney go about getting the I-864 from the USCIS with a subpoena? I tried to find more info than just "you'd have to subpoena it" but I can't find anything. Is there a number to call or anything at all?

Also, would the USCIS still have the I-864 for a marriage based immigrant after they naturalize? (So, would a subpoena even turn up anything?)

Thanks for any and all help....

Elaine
Intriguing question! I have no experience but if it were me...

If you already have a subpoena for this, it would need to be served on USCIS. I guess there is a legal /PR department for accepting such things. If you are asking how to get a subpoena - you go to court and argue that you need it. The above is what lawyers are for in my opinion.

As to if it is still available.

I recently naturalized, and the apparently complete file of my immigration history was on the desk at my interview. (10 years since beginning). I imagine it has been kept in a secure storage all this time, and will continue to be for some years to come. But even if you do get your hands on it, it is hard to see what value there would be. Proof of your immigration status would be near proof of it's existence, and the facts and figures it contains are fairly generic if I recall.

I've been thinking about this a little as I wondered if my sponsor would get notified that I got naturalized and she is now off the hook. We divorced a few years ago and lost touch.

ps I don't think you can just call and get a copy from USCIS. It is or was a contract between the sponsor and the Gov. Not yours to have. You could ask the sponsor for a copy, but I guess that is not on the cards, without wishing to pry.

Anyway, good luck
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Old Jan 16th 2014, 3:35 pm
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Default Re: Subpoena I864 from USCIS

Originally Posted by RICH View Post
I've been thinking about this a little as I wondered if my sponsor would get notified that I got naturalized and she is now off the hook. We divorced a few years ago and lost touch.
No, the sponsor/joint sponsor doesn't get notified.

To the OP...The best way to get a copy of the I-864 is to go back to your own set of photocopies that you've made throughout your immigration journey. Unless you're looking for the actual signed original one. But the photocopy you already have will have the same information, if you're looking for dates/numbers/dollar figures, etc.

You could probably get a copy of your entire immigration file from USCIS by filing a request using FOIA (Freedom of Information Act). Not sure if they hand over your original documents or just give you a photocopy of your file, though. And my guess is that takes a long time to process.

Rene
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Old Jan 31st 2014, 3:24 am
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Default Re: Subpoena I864 from USCIS

Thanks guys (male/female )!

Unfortunately I lost my own copies in a flood. Of all my USCIS stuff (up until the natz process).

RICH and Rene, you pretty much nailed it... I was trying to figure out where to serve the subpoena. A lot has happened since my post (hence the late reply, apologies for that). I fired my former attorney and retained a new, better one - who was actually able to figure this out on his own (Casual Observer, that should answer your question lol). I don't have any updates yet as we still need to actually do this, but I will try and keep this thread updated just in case someone else needs this info in the future.
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Old Jan 31st 2014, 3:50 pm
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Default Re: Subpoena I864 from USCIS

Originally Posted by HunterGreen View Post
Thanks guys (male/female )!

Unfortunately I lost my own copies in a flood. Of all my USCIS stuff (up until the natz process).

RICH and Rene, you pretty much nailed it... I was trying to figure out where to serve the subpoena.
The subpoena can be delivered to any USCIS address. If it was me, I would serve it to USCIS 111 Massachusetts Ave. Headquarters Building, Washington, DC.
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Old Jan 31st 2014, 4:07 pm
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Default Re: Subpoena I864 from USCIS

Hi Hunter

If you and your attorney are hoping that the I-864 can be used for alimony and/or child support, you must know that once you have naturalized the I-864 is null and void. I know that your child came with you to the US so that would mean that she (am I remember the gender correctly) became a US Citizen when you did. Forget this ... I just found that she became a US citizen upon adoption by her stepfather.

The I-864 will show that he was willing to support both of you at the time of its sigining and approval of your residencies, but I believe that is all it can be used for, proof of willingness at one time.

Rete

Last edited by Rete; Jan 31st 2014 at 4:10 pm.
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