Divorce from non-immigrant (out of status) and financial responbsibility

[SalishSea 16,853]

16 hours ago, MarktheShark said:

Yes, she wants to remain in US. She probably will try to re-adjust.

She has no other path to adjustment of status, except through you.

[Redro 4,601]

9 minutes ago, SalishSea said:

She has no other path to adjustment of status, except through you.

Or VAWA 

 

[SalishSea 16,853]

1 minute ago, Redro said:

Or VAWA 

 

Right, but there is nothing in this thread to indicate that she is eligible for VAWA.  There are actual criteria to qualify for VAWA, not just an unsuccessful marriage.

[Boiler 43,690]

11 minutes ago, SalishSea said:

Right, but there is nothing in this thread to indicate that she is eligible for VAWA.  There are actual criteria to qualify for VAWA, not just an unsuccessful marriage.

She is not participating so we do not know, VAWA is the obvious option as it seems she wants to stay.

[pushbrk 12,222]

1 hour ago, Boiler said:

She is not participating so we do not know, VAWA is the obvious option as it seems she wants to stay.

It's not like nobody has ever lied on their VAWA attempt.  Also not like nobody ever left out the part of the story that doesn't flatter themselves.  It's the only option.  We can only speculate whether she will use it.  I won't.

[MarktheShark 20]

18 hours ago, Family said:

You do NOT need an immigration attorney.

Your family law attorney can brush up on contract law and be able articulate that one is unenforceable ( I-134) and the other (I-864) rescinded/cancelled.

This is part of the reason I'm on here to learn about how to address my case. I did learn today that I filled 134 A LONG TIME ago. I just forgot and it wasn't on the of my mind. Only the 485, 131, 765, and 864. My family attorney does understand the basics of her adjustment and not having a green card. He understands I'm not sponsoring her anymore based on my withdrawal of the the 485. Thanks. 

[MarktheShark 20]

19 hours ago, Family said:

See above ref material and you will find with a bit of reading you can talk  your way to the family court simply by stating your ex, the defendant has misunderstood the law as it applies both to your sponsorship obligation and her own precarious immigration status.

 

1. Defendant entered on a K-1 visa where an I-134 was executed. This contract is Unenforceable as decided by 3 separate courts ( here you can show off Google and print the three cases) 

 

2. Defendant sought to adjust status , USCIS denied the benefit and ordered her to leave the US. This application contained my signed I-864 . On the break off our marriage, I withdrew the I-864 by duly notifying USCIS . I-864 only takes effect if applicant is granted permanent residence. Defendant was denied , I-864 cancelled and no sponsorship obligations exist.

 

That's it in a nutshell! Thanks. I'll keep reading this thread till 2nd nature.

[MarktheShark 20]

5 hours ago, pushbrk said:

It's not like nobody has ever lied on their VAWA attempt.  Also not like nobody ever left out the part of the story that doesn't flatter themselves.  It's the only option.  We can only speculate whether she will use it.  I won't.

Thanks

7 hours ago, SalishSea said:

She has no other path to adjustment of status, except through you.

Thanks

[MarktheShark 20]

On 6/27/2023 at 5:54 PM, Boiler said:

Defendant, who is from the Dominican Republic, alleged that, pursuant to the paperwork the parties had completed to sponsor Defendant’s entry into the United States

 

 

Seems pretty clear the reference is to the the I 134, now if I was your Divorce Lawyer I would wish to brief the Judge on both, the I 134 is not enforceable citing chapter and verse and the I 864 was never completed.

I'll do that! Thanks.

[MarktheShark 20]

On 6/27/2023 at 9:50 PM, Boiler said:

My understanding is that only a Federal Court can enforce the I 864. Nobody can enforce the I 134 because it is not enforceable.

 

I assume a Divorce Court can take into account what they want to take into account. This is why your Divorce Lawyer needs to explain what a I 134 is etc etc to take this possibility away.

 

Now this does remind me of a thread some years back, I am never good at finding such threads, anyway the soon to be ex Husband was clueless, seems he had a Lawyer that was equally clueless. Anyway the thread went on forever as he simply could not get into his head how he was at risk and either had an incompetent Lawyer or one who did not care. I assume he got hosed but to my knowledge we never found out.

I was looking at the 134. I dont' remember the form. In the  Who May File section and it said this: Do not use Form I-134 if the beneficiary you are agreeing to financially support must have Form I-864, Affidavit of Support Under Section 213A of the INA, filed on his or her behalf instead. I believe that's what I did, but it was awhile ago.

[MarktheShark 20]

On 6/27/2023 at 10:17 PM, Redro said:

Good lawyers will be vague and not name the specific document. This gives them more leeway in their arguments. They can speak about I-134 but also mention how without EAD the sponsor is supposed to support them as they aren’t legally allowed to work. 
 

 

Court might have a copy. Court might not have a copy… keeping things vague is best practice. More room to argue for petitioner having certain obligations and maybe now needing to pay lawyer fees and daily living costs, maybe even flight home as she is more than likely out of status (and not legally allowed to work) unless she filed VAWA. Not allowed to work but needs to stay in the US for divorce proceedings.

 

 

Can I get a copy of the 134 and 864? I only remember the 864 because I needed paystubs and W-2's.

[pushbrk 12,222]

1 hour ago, MarktheShark said:

Can I get a copy of the 134 and 864? I only remember the 864 because I needed paystubs and W-2's.

You can download a blank one.  You might want to Google I-134 unenforceable.

[Family 3,549]

2 hours ago, MarktheShark said:

Can I get a copy of the 134 and 864? I only remember the 864 because I needed paystubs and W-2's

You can do a free online FOIA to Dept of State  (that will get you the I-134 plus ) and another FOIA USCIS for  I -864. In bothe cases ask for complete file

[MarktheShark 20]

1 hour ago, Family said:

You can do a free online FOIA to Dept of State  (that will get you the I-134 plus ) and another FOIA USCIS for  I -864. In bothe cases ask for complete file

Thanks.

 

[MarktheShark 20]

On 6/27/2023 at 8:28 PM, SalishSea said:

Right.  I figured the court has a copy of the originally filed papers, including the petition and the I-134.

 

My comment was that regardless of whether OP remembers signing one, he would have, as part of the process for sponsoring the K-1 itself.

That's one I doesn't ring a bell, doesn't mean I didn't sign one, but only the 864 sticks out.