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  1. #1
    Join Date
    Sep 2014
    Posts
    15

    Cool Obligation to Support an Immigrant Spouse After Divorce

    My question involves a marriage in the state of: I decided finally to divorce my wife. She entered the U.S almost 2 years ago, she has a conditional green card which expires on Jan 23, 2015, we have not filed the form I-751 yet(being delayed by 5 days now) if the immigration office would care for the delay! I know I'm responsible for her over 10 years but I'm not sure if the alimony which eventually would be part of the settlement is part of my 10 year responsibility or they deduct that from what I would be paying her over the 10 years? We live in Connecticut and I'm a retired teacher with a small pension, but I do have some equal amount to my pension that come in from my rental houses! All said and done close to 6 grands but I have expenses equal to at least 4 grands for insurances, taxes, and repairs. At the moment I pay her medical $4000.00/year her leased car with insurance $500/month plus her gas and spending money! She works part time and makes almost $ 4000.00 a year. I'm 65 years old and she is 42 and I'm not sure what will go on with her green card and the divorce case all the same time in Jan, 2015. She has no place to go and I have no place to go except the house that I have built 20 years ago! If she does not have a place to go would she be staying in my house and I have to move out? She would not go back home! This is her Hollywood dream that has happened to her eventhough the reality is not too far behind her imagination that if she wants to be comfortable in this country she has to work or find a new rich husband! Please help! Thanks.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Divorce

    Ok, there's a little more to it than that.

    The obligation only ends when one of these conditions are met:

    1. You or the immigrant die
    2. The immigrant abandons US residency
    3. The immigrant naturalizes
    4. The immigrant acquires 40 qualifying social security "quarters"

    At this point her immigrant status can cause you a problem; her case has already been adjudicated and that makes it very difficult for you to withdraw the I-864 (the sponsorship form). Because your marriage was bona fide, the chances are very good that she'll be able to stay no matter what.

    Now. You DO have an option here. Have you thought about paying for her to become a citizen? You'd have to wait until the marriage was 3 years old, but if she agrees it completely removes your obligation - and she won't get separate alimony for a 2 or 3 year old marriage.

    Any thoughts?

  3. #3
    Join Date
    Sep 2014
    Posts
    15

    Default Re: Divorce

    Thank you Dogmatique, I thought about it but everyone says hurry up and divorce her a soon as possible! Is it too late to send the I-751 in and continue to live with her until the marriage gets 3 years old? Or you are sujesting I file the form then divorce her so she can be a citizen soon? Thanks.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Divorce

    If it was me, I'd be asking myself "Does she actually know that she can get support through the I-864?".

    No matter what her answer is, these are some of the things you need to discuss with your attorney.

    When you sign and execute the form, it becomes a contract between you and the US government. You are effectively promising the tax-payers that she won't need certain means-tested benefits. If she somehow manages to get benefits (the legal way), you would generally have to repay the State.

    Here's the tricky part in your situation. If you both agree to a settlement and later on she changes her mind, your entire settlement may come under scrutiny. The contract between you and the government may still sting you in the end.

    The courts so far have decided that a pre-nup waiving alimony cannot and does not get rid of the obligation. Two recent cases you might want to take to your attorney are Toure-Davis v. Davis, Dist. Court, D. Maryland 2014. , and Wenfang Liu v. Mund, 686 F.3d 418 (7th Cir. 2012). The first deals with a pre-nup, the second deals with mitigation (or lack thereof).

    Some states (WA for one) have ruled that the I-864 cannot be used to calculate a support award, but went on to specifically state that the immigration can still file suit against the sponsor as a separate action. Florida went as far as saying that any agreement reached by the sponsor and immigrant will not override the obligation.

    In other words - it's a mess.

    You need an attorney, and you need one with immigration experience.

  5. #5
    Join Date
    Sep 2014
    Posts
    15

    Default Re: Divorce

    Dear Dogmatique thank you again, can you tell me more about what you said before about if she agrees for a payment as a result of an agreement or part of a settlement that until she becomes a citizen? I rather pay her another year and live with her for this! Also I'm not responsible for her as long as she lives in my house and I pay for everything as I have in the past? She spends the money that she makes as she is pleased! Keep record of all things that I spend on both of us!

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