ANSWER TO COMPLAINT.

XXX

PRO SE DEFENDANT

 

IN FEDERAL DISTRICT COURT FOR THE

NORTHERN DISTRICT OF XXX

XXX an individual, Plaintiff, vs. XXX an individual, Defendant,

Case No: XXX   DEFENDANT’S ANSWER TO COMPLAINT.

 

            COMES NOW, Defendant, XXX, pro se, and answers the Complaint by the Plaintiff as follows:

1. RESPONSES TO THE CLAIMS IN THE COMPLAINT.
2. Defendant denies each and every allegation in the Complaint except those

specifically admitted in this Answer.

2. Defendant denies all of the allegations in the following paragraphs of the

Complaint:3;6;10;13;39;41;42;43;81;83;84;97;100;102; and 103 (vi) A,B,C,D,E,F,G,H.

3. Defendant admits all of the allegations in the following paragraphs of the

Complaint:1;2;4;5;7;8;9;12;14;16;17;18;19;20;21;22;23;24;25;26;27;29;31;32;33;34;35;36;37;38;40;44;46;47;48;49;51;52;53;54;55;56;57;58;59;60;61;62;63;64;65;66;67;68;69;70;71;72;73;74;76;77;78;79;80;82;87;88;89;90;91;92;93;94;95;96;98; and 99 (VI) G.

4. Defendant does not know or have enough information to form a belief as to

whether the allegations in the following paragraphs of the Complaint are true: 11;15;28;30;45;50;75;85;86; and 101.

5. This answering Defendant believes that after a reasonable opportunity for discovery

further investigation is likely that there will be evidentiary support for the following affirmative Defenses.

1. AFFIRMATIVE DEFENSES.
2. MITIGATION OF DAMAGES.
3. The Defendant acknowledges the requirement set forth by Congress to mandate the

Affidavit of Support in immigration cases. Defendant understands that visa petitioners, such as himself, are expected to act as a financial safety net for the new immigrants they sponsor. Defendant affirms that he willingly took on this responsibility when he signed the Affidavit of Support for Plaintiff as her sponsor.

7. However, Defendant would like to clarify that his intent in signing the Affidavit of

Support was to provide the necessary financial support to meet Plaintiff’s basic needs, as required by law. Defendant has made every effort to fulfill this duty as the sponsor, considering the financial circumstances at the time of the sponsorship and his ability to support Plaintiff.

8. Defendant further asserts that Plaintiff should make reasonable efforts to find

employment and try and mitigate or avoid damages as she has little incentive to seek work absent a duty to mitigate damages.

9. Though not actually a “duty” as such, one decision holds that a party

generally, “cannot recover damages for a loss that he could have avoided by reasonable efforts.” See XXX.

10. Defendant thus asserts that spousal support is not appropriate in this case given the

Plaintiff’s imputed earning capacity.

2. It is essential to highlight changes in Defendant’s financial situation or

Plaintiff’s circumstances after the sponsorship are beyond Defendant’s control and were not anticipated at the time of signing the Affidavit of Support. Defendant firmly believes that he has acted in accordance with the law and in good faith to the best of his ability.

12. It is important to note that Defendant’s ability to provide financial support to the

Plaintiff has been impacted by unforeseen circumstances that are beyond his control. Changes in economic conditions, personal financial challenges, and other factors have affected Defendant’s ability to fulfill the support duty as initially anticipated.

13. Defendant understands the seriousness of this matter and the legal obligation

associated with the Affidavit of Support. Defendant is willing to cooperate with the Court’s proceedings and provide evidence of his financial situation and efforts to support the Plaintiff to the best of his abilities.

1. ATTORNEY FEES.
2. The Affidavit of Support warns the sponsor: “If you are sued, and the court enters

a judgment against you… [y]ou may also be required to pay the costs of collection, including attorney fees.”

15. Likewise, 8 U.S.C. § 1183a(c) provides that remedies available to enforce the

Affidavit of Support include “payment of legal fees and other costs of collection.”

16. However, one is only entitled to reasonable fees. Further Plaintiff is

generally, only entitled to fees if she prevails and a judgment is entered. Defendant thus prays that Plaintiff’s complaint be dismissed.

 

• REQUEST FOR RELIEF.

 

WHEREFORE, the Defendant, XXX, pro se, prays for judgment

as follows:

1. That the Court enter judgment dismissing the complaint;
2. That the Defendant be awarded the costs incurred in the suit;
3. That the Defendant be awarded such other and further relief as the Court may deem proper.

 

Dated:                                                                                                 Respectfully submitted,

___________________

XXX

 

 

 

 

 

 

 

 

 

 

CERTIFICATE OF SERVICE

1. Case name [WRITE PLAINTIFF’S NAME ON THE FIRST LINE, AND YOUR NAME ON THE SECOND LINE]:

___________________________________ v. ______________________________________

2. Case number: ______________________________________________________________
3. Document served:

Counterclaim                            Crossclaim

4. How was the Answer served? [check one]

 Placed in U.S. Mail

 Hand-delivered

 Sent for delivery (e.g., FedEx, UPS)

 Sent by fax (if the other party has agreed to accept service by fax)

5. To whom was the Answer sent?

XXX

Sound Immigration

XXX

XXX

XXX

Attorney for Plaintiff  XXX

Pro Hac Vice Application pending

 

XXX

Local Co-Counsel for Pro Hac Vise Application

 

6. When was the Answer served? ________________________________________________
7. Who served the Answer? [Whoever puts it into the mail, faxes, delivers or sends for delivery should sign, and print their name and address. You can do this yourself.]

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.

Signature:  _____________________________________________________

Name:        _____________________________________________________

Address:    _____________________________________

_____________________________________

 

 

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