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Keywords

contractplaintiffmotionsummary judgmentvisamotion for summary judgment
contractplaintiffmotionsummary judgmentvisa

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Golipour v. Moghaddam

Facts

Fereshteh Golipour and Sayyed Hossein Moghaddam were married in Iran, and Moghaddam sponsored Golipour for an immigrant visa, which she received in October 2017. Their marriage included a dowry, and they signed a postnuptial agreement. The couple separated in October 2018, after which Moghaddam ceased providing financial support, claiming that Golipour's expired green card terminated his obligation under the Form I-864. However, Golipour continued to reside in the U.S. and sought enforcement of the support obligation.

Mr. Moghaddam and Ms. Golipour were married in Mashhad, Iran on February 14, 2016. Ms. Golipour immigrated to the United States on an immigrant visa as a lawful permanent resident with conditional residence status. Mr. Moghaddam has not provided any financial support payments to Ms. Golipour since the parties separated in October 2018.

Issue

Whether Moghaddam's financial support obligation under the Form I-864 was terminated due to the expiration of Golipour's green card and whether the postnuptial agreement relieved him of this obligation.

Whether Mr. Moghaddam's financial support obligation under the Form I-864 was terminated due to the expiration of Golipour's green card and whether the postnuptial agreement relieved him of this obligation.

Rule

The Form I-864 is a legally enforceable contract that obligates the sponsor to provide financial support to the immigrant until certain conditions are met, such as the immigrant becoming a citizen or departing the U.S. The obligation does not terminate simply because the immigrant's green card expires.

Once executed, the Form I-864 is a legally enforceable 'contract between the sponsor and the U.S. Government for the benefit of the sponsored immigrant.'

Analysis

The court found that Moghaddam failed to demonstrate any circumstances that would terminate his financial support obligation under the Form I-864. The expiration of Golipour's green card did not constitute a terminating event, as she continued to reside in the U.S. Furthermore, the court ruled that the postnuptial agreement and the dowry did not relieve Moghaddam of his obligation to provide financial support.

The court found that Mr. Moghaddam failed to demonstrate any circumstances that would terminate his financial support obligation under the terms of the Form I-864. The expiration of Golipour's green card did not constitute a terminating event, as she continued to reside in the U.S.

Conclusion

The court granted Golipour's motion for partial summary judgment in part, affirming that Moghaddam's obligation to provide financial support was ongoing, and denied Moghaddam's motion for summary judgment.

The court granted Golipour's motion for partial summary judgment in part, affirming that Moghaddam's obligation to provide financial support was ongoing.

Who won?

The plaintiff, Fereshteh Golipour, prevailed in part because the court upheld her claim that Moghaddam's financial support obligation continued despite the expiration of her green card.

The plaintiff, Fereshteh Golipour, prevailed in part because the court upheld her claim that Moghaddam's financial support obligation continued despite the expiration of her green card.

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