Jump to content
Sign in to follow this  
PurpleSky

What considerations should be made?

9 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Gambia
Timeline

QUICK BACKSTORY

I belong to a wedding forum and one of the topics of discussion is that a fiance is still currently married to a wife he only married to allow her to stay in the country (soon to be ex wife has her greencard now). They've been married for 10 years and legally separated for some years. The soon to be ex wife keeps pushing back the court date and now it's running into the day for the new marriage.

MY QUESTION

I told the poster that she may want to be sure her fiance considers the obligation he still may have concerning the Affidavit of Support. She said since they've been legally separated for years there is no financial obligation on either of their behalf. Is this correct? Is there something the "new couple" should be considering that they may have missed?


tumblr_l2zffoq44C1qc5x0yo1_400.jpg

My honey is NIGERIAN and I'm AMERICAN

K1 Journey

07/27/10 Mailed Petition

07/28/10 Petition received at VSC then forwarded to Lewisville, TX (received there 7/29/10)

08/02/10 NOA1 Notice date

08/06/10 Touched

08/07/10 Received NOA1 in mail

08/10/10 Touched

10/03/10 Touched

01/31/11 I-129F Petition APPROVED!!!

02/03/11 Received hard copy of NOA2 (although the envelope is stamped Feb 2...so only one day to get to me :) )

02/07/11 Arrived at NVC

02/07/11 MADE APPOINTMENTS FOR MEDICAL AND INTERVIEW. (Will post actual dates after they occur :) )

02/08/11 Left NVC

02/17/11 Medical

03/01/11 Interview (FH is in AP)

04/12/11 AP COMPLETED!!

04/13/11 FH notified to come to the embassy with his passport!

04/26/11 FH received Visa

04/29/11 FH Arrived in the US!!! JFK POE

06/08/11 MARRIED!

Share this post


Link to post
Share on other sites

The fact they committed visa fraud.....?


England.gif England!

And in this crazy life, and through these crazy times

It's you, it's you, You make me sing.

You're every line, you're every word, you're everything.

b0cb1a39c4.png

ROC Timeline

Sent: 7/21/12

NOA1: 7/23/12

Touch: 7/24/2012

Biometrics: 8/24/2012

Card Production Ordered: 3/6/2013

*Eligible for Naturalization: October 13, 2013*

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Belgium
Timeline

The fact they committed visa fraud.....?

Ditto...

Also isn't it required that someone be divorced for six months or something before they can legally remarry? Or maybe that's just in some states.


belgium-flag.gift4518.gifunitedstates.gif

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Gambia
Timeline

LOL yes I mentioned the visa fraud but since I don't know these ppl personally, I don't know what other circumstances there were. I was just asking for my own benefit. Could be good information to know because I don't know much about that portion of the journey.

There is no waiting period after the divorce in their state.


tumblr_l2zffoq44C1qc5x0yo1_400.jpg

My honey is NIGERIAN and I'm AMERICAN

K1 Journey

07/27/10 Mailed Petition

07/28/10 Petition received at VSC then forwarded to Lewisville, TX (received there 7/29/10)

08/02/10 NOA1 Notice date

08/06/10 Touched

08/07/10 Received NOA1 in mail

08/10/10 Touched

10/03/10 Touched

01/31/11 I-129F Petition APPROVED!!!

02/03/11 Received hard copy of NOA2 (although the envelope is stamped Feb 2...so only one day to get to me :) )

02/07/11 Arrived at NVC

02/07/11 MADE APPOINTMENTS FOR MEDICAL AND INTERVIEW. (Will post actual dates after they occur :) )

02/08/11 Left NVC

02/17/11 Medical

03/01/11 Interview (FH is in AP)

04/12/11 AP COMPLETED!!

04/13/11 FH notified to come to the embassy with his passport!

04/26/11 FH received Visa

04/29/11 FH Arrived in the US!!! JFK POE

06/08/11 MARRIED!

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Senegal
Timeline

MY QUESTION

I told the poster that she may want to be sure her fiance considers the obligation he still may have concerning the Affidavit of Support. She said since they've been legally separated for years there is no financial obligation on either of their behalf. Is this correct? Is there something the "new couple" should be considering that they may have missed?

Ditto what the others have said re: visa fraud. The part that I highlighted in your quote is not true. The obligations of the affidavit of support do not end with separation or even divorce. Questions of other types of support(i.e, spousal support) may come up apart from the affidavit of support that the husband signed in order for his "wife" to get her permanent residency status.

My reason for answering your question is that you mentioned wanting to get an answer for personal knowledge as well. Otherwise....I wouldn't feel obligated to help someone circumvent the immigration laws.

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Gambia
Timeline

perhaps you will tell us their country of origin, or we might assume it is yours. interesting, if morbid, to see who is cheating.

Honestly I have no idea. As I said, this was a discussion on another board. I was trying to warn her of other ramifications and her response was something that I had not heard before so I wondered if it were true.

Ditto what the others have said re: visa fraud. The part that I highlighted in your quote is not true. The obligations of the affidavit of support do not end with separation or even divorce. Questions of other types of support(i.e, spousal support) may come up apart from the affidavit of support that the husband signed in order for his "wife" to get her permanent residency status.

My reason for answering your question is that you mentioned wanting to get an answer for personal knowledge as well. Otherwise....I wouldn't feel obligated to help someone circumvent the immigration laws.

Thank you! It's important to note that I am in no way trying to get over on the immigration laws. I merely wanted to know for my own benefit because she said it won't matter, I thought I'd advised her to watch out incorrectly. I was basically trying to be helpful because obviously these people don't know the trouble they can get into with what they've done. I advised this woman that her fiance may still have a financial obligation because of the AOS signed. My personal opinion is that it would serve them right because this situation is just wrong on all accounts.


tumblr_l2zffoq44C1qc5x0yo1_400.jpg

My honey is NIGERIAN and I'm AMERICAN

K1 Journey

07/27/10 Mailed Petition

07/28/10 Petition received at VSC then forwarded to Lewisville, TX (received there 7/29/10)

08/02/10 NOA1 Notice date

08/06/10 Touched

08/07/10 Received NOA1 in mail

08/10/10 Touched

10/03/10 Touched

01/31/11 I-129F Petition APPROVED!!!

02/03/11 Received hard copy of NOA2 (although the envelope is stamped Feb 2...so only one day to get to me :) )

02/07/11 Arrived at NVC

02/07/11 MADE APPOINTMENTS FOR MEDICAL AND INTERVIEW. (Will post actual dates after they occur :) )

02/08/11 Left NVC

02/17/11 Medical

03/01/11 Interview (FH is in AP)

04/12/11 AP COMPLETED!!

04/13/11 FH notified to come to the embassy with his passport!

04/26/11 FH received Visa

04/29/11 FH Arrived in the US!!! JFK POE

06/08/11 MARRIED!

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Vietnam
Timeline

The terms of the affidavit of support are pretty well defined in the contract portion of the affidavit. The sponsor is obligated until:

1. The immigrant becomes a US citizen.

2. The immigrant accumulates 40 quarters (10 years) of Social Security work credits.

3. The immigrant loses their LPR status and leaves the US.

4. Either the immigrant or sponsor dies.

Divorce has no bearing on the contractual obligation of the sponsor. Actually collecting is another story entirely, but we won't even get into that...

The US citizen in question has been married to his immigrant spouse for 10 years. Why she's postponing the divorce is beyond me. She should have gotten an unconditional green card long ago, so her legal status is no longer dependent on the marriage, and hasn't been for a long time. She could walk away from the marriage today and it would not affect her legal status one iota.

On the other hand, if he divorces her after 10 years he could be saddled with some relatively brutal spousal support payments, entirely unconnected with the affidavit of support. If there is a substantial difference between his income and hers, then family courts in most states are going to hit him with spousal support. The laws vary a lot between states. In California (where my last divorce took place) it's typical to award support in a marriage of longer than 5 years. The amount is based on the difference between the incomes of the spouses, and is intended to allow the recipient to maintain a standard of living comparable to that they had during the marriage. The duration is typically half the duration of the marriage.

The downside is that the spousal support payments might hurt - a LOT. The upside is that the enticement of spousal support is often enough to convince a reluctant spouse to agree to a divorce.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Gambia
Timeline

Thanks Jim! I have to say I really do enjoy reading your posts they are always so informative!


tumblr_l2zffoq44C1qc5x0yo1_400.jpg

My honey is NIGERIAN and I'm AMERICAN

K1 Journey

07/27/10 Mailed Petition

07/28/10 Petition received at VSC then forwarded to Lewisville, TX (received there 7/29/10)

08/02/10 NOA1 Notice date

08/06/10 Touched

08/07/10 Received NOA1 in mail

08/10/10 Touched

10/03/10 Touched

01/31/11 I-129F Petition APPROVED!!!

02/03/11 Received hard copy of NOA2 (although the envelope is stamped Feb 2...so only one day to get to me :) )

02/07/11 Arrived at NVC

02/07/11 MADE APPOINTMENTS FOR MEDICAL AND INTERVIEW. (Will post actual dates after they occur :) )

02/08/11 Left NVC

02/17/11 Medical

03/01/11 Interview (FH is in AP)

04/12/11 AP COMPLETED!!

04/13/11 FH notified to come to the embassy with his passport!

04/26/11 FH received Visa

04/29/11 FH Arrived in the US!!! JFK POE

06/08/11 MARRIED!

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...