Ex and his foreign spouse

[krashk 0]

Question(s):  My ex has lived in the middle east for the last 5 years, working in the medical field (not military), and pays no US taxes.  He pays spousal support/child support to me.  He remarried 3 years ago and his wife wants to immigrate to the US.  The income he makes overseas is three times what he could earn in the US, not counting paying income taxes if he worked here and the support he pays me is reflected in his current salary there. 

1)  Does he have to live here in US to sponsor his wife to the US?

2)  If he moves here, he would voluntarily give up his job overseas to make less money and this should not change the amount of the support he pays BUT, does immigration factor his financial obligations in determining financial support for his wife or just gross income?

3)  He has been becoming hit and miss on paying the support payments as they have been traveling around the world quite a lot.  I'm pursuing contempt of court because of him non-payment.  If he is charged with contempt of court, will that impede the immigration process in any way?

 

I honestly could care less what he does, where they live, or whether they get a green card or not.  My only concern is that his choices not affect my kids or myself financially in any way.  Help??

[Roel 7,191]

I think the immigration forum might not be the best place to seek answers like that - maybe some lawyer or child support/family forum.

 

I'll answer what I can. If your ex wants to sponsor his new wife, he needs to file US taxes. If he didn't do that, he needs to file every tax he missed. He also needs to establish a domicle in the US - job, house, IDs, bank account... And of course he needs to move there eventually. The family based visas are meant to unite people. If he's living in the country with his wife, then there is nothing to unite. He needs to go there, then his wife moves there once she gets a visa, and they need to live in the USA.

[EandH0904 1,184]

It prob depends on what state you live in and what the child support laws are. I don't think an immigration is particularly the right area, but I will tell you that in my state it's capped at 25% of your income. So I would presume if his salary is significantly reduced he could petition the court for a reduction in support payments.  

 

If she wants to live in the US I would presume he would need to return and establish domicile.  After she got here he could theoretically leave and work wherever, but do you think he would? 

 

Please, if he returns, let him establish whatever kind if relationship he is able to with his child if he seeks the opportunity.  Support and visitation are separate issues and fostering a good relationship with a spouse you may not get along with is one of the most loving and caring things you can do for your child.  

[EandH0904 1,184]

He needs to be current with his taxes to petition his spouse to.  You seem very bitter against him and seem that finances are your only concern.  

 

Even though my ex and I had a bitter divorce, I'd much rather him be a good father and forego any support at all.  Those are the things that matter.  

 

Again, I don't know how it is on your state but in mine you can't file court charges until they're 3 months behind in support payments, then he may be jailed upon return to the US, and if this affects his career your support would absolutely take a hit as his earning potential would be much less.  But I'm not a lawyer so do what you gotta do.  It seems punitive to me.

 

Edited September 28, 2017 by EandH0904

[Suss&Camm 2,213]

4 hours ago, krashk said:

1)  Does he have to live here in US to sponsor his wife to the US?

Has been answered, he needs to establish domicile.

4 hours ago, krashk said:

2)  If he moves here, he would voluntarily give up his job overseas to make less money and this should not change the amount of the support he pays BUT, does immigration factor his financial obligations in determining financial support for his wife or just gross income?

Gross-income and number of dependents, plus as mentioned he needs to be current with filing taxes to be a sponsor for her.

4 hours ago, krashk said:

3)  He has been becoming hit and miss on paying the support payments as they have been traveling around the world quite a lot.  I'm pursuing contempt of court because of him non-payment.  If he is charged with contempt of court, will that impede the immigration process in any way?

Why are you asking this? Are you looking for something to hold over his head? I honestly don't know the answer. I'm unsure as to the level of that offense. Perhaps someone else can answer.

4 hours ago, krashk said:

I honestly could care less what he does, where they live, or whether they get a green card or not.  My only concern is that his choices not affect my kids or myself financially in any way.  Help??

You still have spousal support after 5 years and even though he remarried?

[-Trinity- 513]

I'm glad my husband's ex didn't hold this kind of grudge. Which resulted in good understanding from both sides. My husband's son often calls me when he is home at his mom, just to tell me he loves me. 

 

No money in the world can replace that. 

Bottom line:  let by gones be by gones for the sake of your kids. 

Bond between your kids and their father is more worth than anything. 

[jayjayj 571]

4 hours ago, krashk said:

Question(s):  My ex has lived in the middle east for the last 5 years, working in the medical field (not military), and pays no US taxes.  He pays spousal support/child support to me.  He remarried 3 years ago and his wife wants to immigrate to the US.  The income he makes overseas is three times what he could earn in the US, not counting paying income taxes if he worked here and the support he pays me is reflected in his current salary there. 

1)  Does he have to live here in US to sponsor his wife to the US?

2)  If he moves here, he would voluntarily give up his job overseas to make less money and this should not change the amount of the support he pays BUT, does immigration factor his financial obligations in determining financial support for his wife or just gross income?

3)  He has been becoming hit and miss on paying the support payments as they have been traveling around the world quite a lot.  I'm pursuing contempt of court because of him non-payment.  If he is charged with contempt of court, will that impede the immigration process in any way?

 

I honestly could care less what he does, where they live, or whether they get a green card or not.  My only concern is that his choices not affect my kids or myself financially in any way.  Help??

When were you divorced?  What state are you in?

 

Is he not filing taxes or simply not making more than the overseas exemption, thus owing zero taxes?

 

 

 

 

[Cyberfx1024 7,978]

5 hours ago, krashk said:

Question(s):  My ex has lived in the middle east for the last 5 years, working in the medical field (not military), and pays no US taxes.  He pays spousal support/child support to me.  He remarried 3 years ago and his wife wants to immigrate to the US.  The income he makes overseas is three times what he could earn in the US, not counting paying income taxes if he worked here and the support he pays me is reflected in his current salary there. 

1)  Does he have to live here in US to sponsor his wife to the US?

2)  If he moves here, he would voluntarily give up his job overseas to make less money and this should not change the amount of the support he pays BUT, does immigration factor his financial obligations in determining financial support for his wife or just gross income?

3)  He has been becoming hit and miss on paying the support payments as they have been traveling around the world quite a lot.  I'm pursuing contempt of court because of him non-payment.  If he is charged with contempt of court, will that impede the immigration process in any way?

 

I honestly could care less what he does, where they live, or whether they get a green card or not.  My only concern is that his choices not affect my kids or myself financially in any way.  Help??

What state are y'all in, is he paying spousal or child support because they are two different things, also is the support court ordered or just agreement between you two?

 

If he moves back then yes the child support can drop and I know from first hand experience. 

[Redheadguy03 505]

5 years and you're still getting spousal support? You sound like that's all you care about. You want him to stay overseas because he'll make more and you're worried you'll get less. 

 

If he makes above the poverty limit and establishes domicile in the United States (he could use a family member's in the United States) 

Then he should be able to qualify and you will need to learn to be happy about it or at the very least accept it. 

 

Get on with your life. 

[NigeriaorBust 4,087]

  When he returns to the US it will be easier to attach his wages to get back child support, also too much back child support will cause him to not be able to petition her ( just like too much owed back taxes )   A lot of states give spousal for half the length of the marriage so you may not have much more coming in. 

[-Trinity- 513]

14 minutes ago, NigeriaorBust said:

also too much back child support will cause him to not be able to petition her

Maybe this depends on the state. My husband owed a lot of childsupport. It didn't affect him petitioning for us at all. BUT he couldn't apply for a passport until that amount was paid off completely.

 

OP, do you rather want him to stay  overseas so that he can keep paying you same amount spousal and child support? I'm trying to understand why him petitioning for his spouse is such a big deal to you.

Edited September 28, 2017 by Beachlover

[mallafri76 1,012]

1. He has to establish domicile in the US and move back to the US before or together with his foreign spouse. The spousal visa is for family unification. I’m sure his wife wouldn’t want to leave her husband and move halfway around the world without him.... 

 

2. Yes. He has to fill out an I-864 to show that he meets 125% of the poverty guidelines. The I-864 includes dependants  in the household size. He will not be able to use his income from abroad to meet the requirements of the i-864 unless the income will continue from the same source once he moves back to the US.

 

3. Not meeting financial obligations such as child support can have an impact on the immigration process. Not sure about the spouse support though. How can he still be on the hook for that five years after your divorce? Come on, you don’t need your ex to support yourself anymore. It’s 2017, women are strong, independent and fully capable of taking care of themselves. Let him go and start leading your own life.

[jayjayj 571]

11 minutes ago, mallafri76 said:

1. He has to establish domicile in the US and move back to the US before or together with his foreign spouse. The spousal visa is for family unification. I’m sure his wife wouldn’t want to leave her husband and move halfway around the world without him.... 

Unless he meets the requirements for 319b processing.  We won't know that though, unless we know what company he works for and the circumstances of his job.

 

 

[Ontarkie 13,957]

~~Moved to General Immigration, from Moving Here and Your New Life. - As the OP has immigration related questions on top of family law.~~

[Ontarkie 13,957]

Yes he will eventually need to move back to the US. 

 

I'm going to guess your support won't change because he did not start paying more when he moved and kept it at the rate he was ordered too. 

Unlike some other comments I don't believe you should give him a break on support.  5 yrs of spousal support I'll guess you earned it and if it's to continue you're darn right he should be paying it. The kids are his responsibility too and USCIS agrees with that. So until they are till 18 or if your court order states longer he must include it them in his household count.

 

He will have to claim them as part of his household.  I don't know if he needs to claim you also since he pays spousal support. So that would be him+new wife+# of kids = ? If he can sponsor her at 125% for that household size then he's good to go. If not he will need a cosponsor.