‘Til Death Do Us Part: Affidavits of Support and Obligations to Immigrant Spouses

This article analyzes the use of a federal affidavit of support, a required document that forms part of all family immigration petitions to overcome public charge grounds of inadmissibility. The federal statute mandating affidavits of support was altered in 1996 in an attempt to make them contractually binding, even after the dissolution of marriage. Further, affidavits of support implicate not only obligations between spouses, but also deeming analysis for public benefit eligibility. Case law interpreting these affidavits of support is scarce and varied, but trends, patterns, and contested issues are emerging. Yet courts have not settled on any theory and practice for incorporating these affidavits into their decisions related to family dissolution. This article provides an introduction to affidavits of support and an initial effort to frame the most critical issues related to them that arise in family litigation. This article also highlights some of the key strategic issues and caveats for litigants and parties.

Key Points for the Family Court Community:
• An introduction to affidavits of support and the immigration law context in which it exists
• A review of trends, patterns, and contested issues emerging in available judicial decisions in state and federal courts
• Key strategic issues and caveats for litigants and parties on the use of affidavits of support

     

再审程序若干概念辨析

审判监督程序与再审程序的概念应区别开 ,再审程序才是诉讼法中规范的概念 ,应当摒弃审判监督程序的提法。从“诉”与“诉权”的角度 ,研析“申诉”、“申请再审”、与“再审之诉”的区别与关系 ,应当将不具有“诉”的性质的申诉从诉讼程序中取消 ,以再审之诉取代申请再审。我国立法关于申请再审的条件表述不严谨、不科学。应当借鉴国外的做法 ,规定具体的、可操作的提起再审之诉的条件。     

Marriage and power: Age at first marriage and spousal age gap in lesser developed countries

This paper examines age at first marriage for women and spousal age gap as an indicator for female agency from 1950 to 2005. Using a dataset of 77 LDCs this paper seeks to explore which variables determine differences at a country level in marriage patterns. We look at the influence of urbanisation, education, percentage population of Muslim faith, and family type. We find that education is a key in determining at what age women marry, having as would be expected a positive effect on age at first marriage and depressing spousal age gap. Urbanisation is significant, with a positive effect on age and negative on spousal age gap, although the effect is not very large. The percentage Muslim variable depresses female age at first marriage and increases spousal age gap but only when family type is not controlled for. The initially strong negative effect of percentage population Muslim over the period under consideration on age of first marriage has decreased, which raises some interesting questions about the role of Islam in female empowerment.