Financial Support After Diviorce

[LuckyD 0]

I searched the forum for answers and couldn't find it although I know it must be there. I met a Ukrainian woman with 2 children and we are considering marrying and her moving to the USA with her children. I was told by someone in another chat group that I have to sign a paper as part of the fiance visa process stating I will support them for up to 10 years after they enter the USA even if we get divorced. Is this so? I imagine each state has slightly different divorce laws but I am wondering if this visa application process and forms I sign supercede any prenuptial agreement or state divorce laws. I know it may depend on her immigration status at the time too. But rather than just getting lost in every possible scenario is there an overall general answer with only a few scenarios? The Ukrainian father does not support these 2 children. I also have 3 boys of my own that I support. If my Ukrainian wife marriage doesn't work out I don't want the responsibility of supporting someone else's children. Any advice, help? Does a prenup help at all or does federal immigration law, etc. determine cases like this?

Thank you.

[YuAndDan 153]

For the initial K-Visas you provide an affidavit of support I-134 that is brought to consulate when being interviewed for the visa, this doc indicates that you will provide support while they are in the USA as NON-Immigrants.

When you marry and then file to adjust status from NON-Immigrant to IMMIGRANT, US Citizen/ Spouse MUST sponsor the green-card by providing an I-864 Affidavit of support, this one is the BINDING one that has only 5 ways out of it.

• Immigrant dies.
• Sponsor dies.
• Immigrant naturalizes and becomes a citizen.
• Immigrant leaves the USA and gives up LPR status.
• Immigrant works and is credited with 40 quarters of work (10 years) HOWEVER, if the immigrant does not work and instead goes on welfare, you are STUCK repaying the government whatever means tested benefits until one of the above 4 conditions happens, NOT 10 years, this can be a lifetime commitment.

A pre-nup wont protect you, this is a contract between you and the government.

Edited October 21, 2008 by YuAndDan

[himher 634]

It might be a good idea to check this form:

http://www.uscis.gov/files/form/I-864.pdf

Which you will be asked to fill out after you are married file with your wife's application for a green card. I think most of the guidelines are explained on the form itself, but certainly the USCIS website is the best place for you to research the requirements and obligations of sponsoring an immigrant.

[tallcoolone 102]

There area couple of countries where divorce does not exist.

Philippines is one of them, take the hint.......

[Chica Yeyé 41]

Nice, to begin a marriage thinking about divorce.

[lucyrich 20]

For the initial K-Visas you provide an affidavit of support I-134 that is brought to consulate when being interviewed for the visa, this doc indicates that you will provide support while they are in the USA as NON-Immigrants.

When you marry and then file to adjust status from NON-Immigrant to IMMIGRANT, US Citizen/ Spouse MUST sponsor the green-card by providing an I-864 Affidavit of support, this one is the BINDING one that has only 5 ways out of it.

• Immigrant dies.
• Sponsor dies.
• Immigrant naturalizes and becomes a citizen.
• Immigrant leaves the USA and gives up LPR status.
• Immigrant works and is credited with 40 quarters of work (10 years) HOWEVER, if the immigrant does not work and instead goes on welfare, you are STUCK repaying the government whatever means tested benefits until one of the above 4 conditions happens, NOT 10 years, this can be a lifetime commitment.

A pre-nup wont protect you, this is a contract between you and the government.

YuAndDan has the right info. But note that, while married, the immigrant is credited with quarters of work done by both spouses. So if both spouses are working, it would take 5 years to earn 40 quarters of work for social security purposes and terminate the I-864. If one spouse is working, it would take ten years. And yes, the nightmare scenario is divorce followed by the immigrant not working (becoming disabled or just lazy), so that there's no fixed time for the I-864 to terminate.

Some articles, including court cases, are here:

http://www.ilw.com/articles/2006,0110-wheeler.shtm

http://www.ilw.com/articles/2006,0608-mehta.shtm

It's interesting that most people concentrate on the fact that the affidavit of support requires the sponsor to reimburse the immigrant for means tested benefits which the immigrant receives. And that's true, but I've never heard of an actual case where a sponsor ended up paying anything under this provision of the affidavit of support (mostly because most immigrants aren't eligible for many means tested benefits in the first place). The only actual enforcements I've heard of so far are where the sponsor has to pay the beneficiary directly to provide support at 125% of the poverty guidelines, as described in the above links. Even this kind of case is rare. But there's no way to know in advance what will happen in your particular case, so you'd be well advised to read those articles, perhaps discuss matters with your attorney, and understand what you're signing up for when you sign the I-864.

[LuckyD 0]

Thank you for the responses that focused on information and not editorial comments and judgements. It's a big step, particularly as I've already had 1 divorce and have 3 children to support. Nice to have information as we plan our lives.

[pushbrk 14,078]

Thank you for the responses that focused on information and not editorial comments and judgements. It's a big step, particularly as I've already had 1 divorce and have 3 children to support. Nice to have information as we plan our lives.

The divorce decree will tell you what if any support is required. If your spouse becomes a public charge, the Government can bill you and collect to reimburse those costs. Two separate issues.