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  1. #1
    Join Date
    Apr 2015
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    17

    Unhappy Divorce from a Sponsored Immigrant Permanent Resident

    My question involves a marriage in the state of: Florida

    I am married to my wife whom I sponsored for immigration into this country back in March 2015. I married her in March 2013 in Nicaragua. What I want to know is it more advisable to stay married to her until she gets her citizenship (for which she is eligible for in one more year) or should I just divorce her now? I want to divorce her. However, I want to limit my liabilities with her as much as possible. I have heard that in Florida once you are married to a spouse 5 years then they are eligible for spousal support if they want to claim it and you make more than them... how much would I be liable for (I make around 50K she works about $10 an hour and goes to school full time)... OR should I divorce her know to avoid that (but since she is not a citizen and is a legal permanent resident, the immigration law says that I (the sponsor) am liable for any public benefits she receives). This clause has generally not been enforced, but with Trump now in power I fear that he could eventually do it and I could suffer even more... any ideas?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Divorce from a Sponsored Immigrant Permanent Resident

    If you want to divorce your wife, file for divorce. If you prefer to stay married such that you won't have to pay spousal support and can directly support your spouse, stay married.

    If you are worried about how much you may have to pay in spousal support, or if your wife ends up on public assistance, that's a conversation to have with your divorce lawyer.

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Divorce from a Sponsored Immigrant Permanent Resident

    Quote Quoting bhz1986
    View Post
    My question involves a marriage in the state of: Florida

    I am married to my wife whom I sponsored for immigration into this country back in March 2015. I married her in March 2013 in Nicaragua. What I want to know is it more advisable to stay married to her until she gets her citizenship (for which she is eligible for in one more year) or should I just divorce her now? I want to divorce her. However, I want to limit my liabilities with her as much as possible. I have heard that in Florida once you are married to a spouse 5 years then they are eligible for spousal support if they want to claim it and you make more than them... how much would I be liable for (I make around 50K she works about $10 an hour and goes to school full time)... OR should I divorce her know to avoid that (but since she is not a citizen and is a legal permanent resident, the immigration law says that I (the sponsor) am liable for any public benefits she receives). This clause has generally not been enforced, but with Trump now in power I fear that he could eventually do it and I could suffer even more... any ideas?
    You are wrong that the sponsorship clause is generally not enforced. I suspect that your best bet would be for her to finish her education and be more employable before you divorce her. That would eliminate the problem of spousal support on both the immigration and the length of marriages ends.

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

    Default Re: Divorce from a Sponsored Immigrant Permanent Resident

    Quote Quoting bhz1986
    View Post
    My question involves a marriage in the state of: Florida

    I am married to my wife whom I sponsored for immigration into this country back in March 2015. I married her in March 2013 in Nicaragua. What I want to know is it more advisable to stay married to her until she gets her citizenship (for which she is eligible for in one more year) or should I just divorce her now? I want to divorce her. However, I want to limit my liabilities with her as much as possible. I have heard that in Florida once you are married to a spouse 5 years then they are eligible for spousal support if they want to claim it and you make more than them... how much would I be liable for (I make around 50K she works about $10 an hour and goes to school full time)... OR should I divorce her know to avoid that (but since she is not a citizen and is a legal permanent resident, the immigration law says that I (the sponsor) am liable for any public benefits she receives). This clause has generally not been enforced, but with Trump now in power I fear that he could eventually do it and I could suffer even more... any ideas?
    And don't forget that while the government may or may not enforce the I-864 ... the IMMIGRANT can sue you directly for support, and so far those who have sued have, without exception, received rulings in their favor.

    Perhaps you should speak with an attorney to guide you further; look for one who is familiar with cases involving the enforcement of the I-864 Affidavit Of Support.

  5. #5
    Join Date
    Apr 2015
    Posts
    17

    Default Re: Divorce from a Sponsored Immigrant Permanent Resident

    Ok i never thought of that scenario where SHE could sue me, and knowing the type of person that she is its not unlikely she would try to do that. I think the best solution for me is to wait one more year (if it is humanely possible) and then divorce her when she gets her citzenship. I doubt the court will make me pay spousal alimony for a long time given its less than 7 years so it would be considered short term if at all here in Florida right? I mean Ive done more for this woman than anyone in her life, and Im still a prick according to her. Ive brought her out of a third world country. Ive enabled her to go to school full time to learn the language, have paid for driving classes, practically every bill shes needed to incur, and gifts. Ive been a responsible husband by any measure. That all counts right? I mean is she REQUIRED by the courts to have the same standard of living as ME (my earning potential) even though I have been the only one to have caused this progress of hers? Her one and only contribution to me are the births and care of my children, but for that she will get child alimony. This is a completely different matter in my view...

  6. #6
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Divorce from a Sponsored Immigrant Permanent Resident

    Quote Quoting bhz1986
    View Post
    Ok i never thought of that scenario where SHE could sue me, and knowing the type of person that she is its not unlikely she would try to do that. I think the best solution for me is to wait one more year (if it is humanely possible) and then divorce her when she gets her citzenship. I doubt the court will make me pay spousal alimony for a long time given its less than 7 years so it would be considered short term if at all here in Florida right? I mean Ive done more for this woman than anyone in her life, and Im still a prick according to her. Ive brought her out of a third world country. Ive enabled her to go to school full time to learn the language, have paid for driving classes, practically every bill shes needed to incur, and gifts. Ive been a responsible husband by any measure. That all counts right? I mean is she REQUIRED by the courts to have the same standard of living as ME (my earning potential) even though I have been the only one to have caused this progress of hers? Her one and only contribution to me are the births and care of my children, but for that she will get child alimony. This is a completely different matter in my view...
    Let me explain a little further, since I don't think you understand.

    You signed a contract with the US Government, with your wife as a third party beneficiary, promising that she doesn't end up a public charge. Your obligation only ends when one of the following conditions is met:

    1. She naturalizes
    2. She abandons her residency
    3. She acquires 40 qualifying SS quarters (works for about 10 years)
    4. She dies

    Divorce does not end the obligation and you could potentially be on the hook ... permanently (to the tune of around $1100/month give or take - 125% of the Federal Poverty Level). The court can and will make sure that you support her one way or another until she meets one of those conditions I listed.

    This is why I wish people would get counsel BEFORE they sign that I-864 Affidavit of Support.

    Oh - and that will be in addition to any child support you're ordered to pay.

  7. #7
    Join Date
    Apr 2015
    Posts
    17

    Default Re: Divorce from a Sponsored Immigrant Permanent Resident

    Of course I understand! I will divorce AFTER next year which is when she will become a citizen... Boom! Affidavit Broken! Uncle Sams duty then!

  8. #8
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
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    35,894

    Default Re: Divorce from a Sponsored Immigrant Permanent Resident

    Quote Quoting bhz1986
    View Post
    Of course I understand! I will divorce AFTER next year which is when she will become a citizen... Boom! Affidavit Broken! Uncle Sams duty then!
    Assuming she'll actually want to naturalize ... it's not automatic, remember. The process can also take time.

    Perhaps she'll wander into a legal forum and ask some pointed questions. Perhaps she'll be given sage advice. One can never tell.


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