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

[Boiler 43,683]

On 11/14/2023 at 12:46 PM, Bob in Boston said:

Anyone know how this played out?

Nope

[Used to be broken 143]

I am not convinced just because the application for adjustment of status or green card was denied that you  no longer have a financial obligation to support a spouse.  This has nothing to do with the Immigration proceeding its marital assets being split up and support obligations apart from the Immigration Case.  Her status is not material to the proceeding if you are married then support obligation and property division  is on the table good luck if you are divorcing in a state that has community property rules. 

[Used to be broken 143]

Here is a bit more clarification... Marriage is a Merger of 2 corporations all the money goes in ONE PILE.. after Marriage.  Regardless of if your Spouse is out of status ect. You are in Divorce Court and 99.9% of cases have no Immigration history and although your spouse is pleading you signed an affidavit of support in her pleadings.. that is not material to the case....although the Judge may have to make a ruling on her assertion. 

Once married legally and morally you have an obligation to support a spouse that isn't "if" they have legal status every married person has this legal obligation.  This is why instead of pleading she has not status or foolishly paying to drag an Immigration Attorney into court to explain Immigration Law to a Divorce Judge ..you should bring a copy of your Pre-Nuptial Agreement saying you didn't have a future financial obligation if the Marriage fell apart.  I'm guessing you didn't get a Pre-Nup ? Now regretting that mistake.. Love is Blind is a saying for a  reason its true. 

What you are arguing will go nowhere with the Judge .. whether you signed an affidavit of support or not is not a factor in the Divorce negotiations.  Its like saying to  the Judge my kids are not US Citizens so I don't have a Moral or Legal obligation to support them.  

 

Advice don't waste money paying an Immigration Attorney to go to court to explain things ...if your Divorce Attorney has not told you this  is a bad idea and going to court solo without an Attorney is a NO NO ... then get a new Divorce Attorney. This isn't an Immigration issue and nothing about her status is material to the Divorce Case.  Your money is better spent on Marital Counseling and/or Mediation.

Thanks for posting this so other K1 folks can see the problem here... GET A PRE_NUP people

[Boiler 43,683]

15 minutes ago, Used to be broken said:

Here is a bit more clarification... Marriage is a Merger of 2 corporations all the money goes in ONE PILE.. after Marriage.  Regardless of if your Spouse is out of status ect. You are in Divorce Court and 99.9% of cases have no Immigration history and although your spouse is pleading you signed an affidavit of support in her pleadings.. that is not material to the case....although the Judge may have to make a ruling on her assertion. 

Once married legally and morally you have an obligation to support a spouse that isn't "if" they have legal status every married person has this legal obligation.  This is why instead of pleading she has not status or foolishly paying to drag an Immigration Attorney into court to explain Immigration Law to a Divorce Judge ..you should bring a copy of your Pre-Nuptial Agreement saying you didn't have a future financial obligation if the Marriage fell apart.  I'm guessing you didn't get a Pre-Nup ? Now regretting that mistake.. Love is Blind is a saying for a  reason its true. 

What you are arguing will go nowhere with the Judge .. whether you signed an affidavit of support or not is not a factor in the Divorce negotiations.  Its like saying to  the Judge my kids are not US Citizens so I don't have a Moral or Legal obligation to support them.  

 

Advice don't waste money paying an Immigration Attorney to go to court to explain things ...if your Divorce Attorney has not told you this  is a bad idea and going to court solo without an Attorney is a NO NO ... then get a new Divorce Attorney. This isn't an Immigration issue and nothing about her status is material to the Divorce Case.  Your money is better spent on Marital Counseling and/or Mediation.

Thanks for posting this so other K1 folks can see the problem here... GET A PRE_NUP people

I think you have misread this post. It has been about the effect of the I 134 not the normal divorce process.

 

It could be that the US OP would be the beneficiary of any divorce settlement, happens.

 

I am not against Pre Nups, thinking they will save you is a bit optimistic. Plenty of examples of that as well.

 

[MarktheShark 20]

On 12/26/2023 at 10:54 AM, Boiler said:

Nope

Still going to court. I re-filed. Our next hearing is the 22nd. She hasn't shown up for mediation. She's been living on her own of over 1 year now. The judge may make us try again or set a trail date. The  judge also let her know that with only 6 months of living together, she's not entitled to much. So the saga continues.

[Boiler 43,683]

3 minutes ago, MarktheShark said:

Still going to court. I re-filed. Our next hearing is the 22nd. She hasn't shown up for mediation. She's been living on her own of over 1 year now. The judge may make us try again or set a trail date. The  judge also let her know that with only 6 months of living together, she's not entitled to much. So the saga continues.

That sounds logical, good luck.

[MarktheShark 20]

On 11/3/2023 at 4:34 AM, Alexmat1 said:

I dont think this is true. I came through i864, went through divorce. After my divorce was done, I filed for support based on i864 at the Federal court, ofcourse was represented by an attorney but I had done all the homework related to evidences, proofs of income and defenses etc, it was a lot of work before I approached attorney to initiate this. My ex had two top attorneys but they knew it was a losing game and finally settled for what we asked. 

The fiduciary duty to support will be governed by the state family law, not the immigration laws or any obligation to support associated with it. In this case as the sponsor withdrew the petition and thus no green card was issued, there is no enforceable contract, simply because the contract did not ripen. The contract says if the immigrant is given a green card based on the marriage then the sponsor has an obligation to support her at a certain % of poverty level. Since the green card was never issued, even though the sponsor would have submitted a signed contract to USCIS , and a copy of which the wife can procure via FOIA, the defense would be there was no green card issued and thus the contracts conditions were never met.  Depending on the length of marriage and the common property generated during that time and the states family laws the husband might be on the hook for some short term support and it largely depends on the income and standard of living during marriage. The wife has no other option to gain a green card via this marriage or any other option. VAWA would require proofs such as reliable testimony or police/hospital/social worker reports etc. Else everyone could use that route to get a GC. She could go back on student visa or get remarried and gain green card via that.  

At the last hearing when the judge realized we didn't have any marital propery or debit she Strongly emphasized we work things out in mediation, because we hadn't accumulated any debit or property together. She has nothing to loose so never showed up to mediation and wants a judge to decide. We go back on 1/22/24 for a status hearing.  

[Family 3,549]

12 minutes ago, MarktheShark said:

Still going to court. I re-filed. Our next hearing is the 22nd. She hasn't shown up for mediation. She's been living on her own of over 1 year now. The judge may make us try again or set a trail date. The  judge also let her know that with only 6 months of living together, she's not entitled to much. So the saga continues.

You mentioned you had to “ re-file”. ..what exactly?

 

Back in Aug 2023, you were anticipating a 3rd hearing and were sent to mediation..if I read correctly.

Did she retain counsel..? 
Odd that she would be advised to blow off mediation ..

 

And has the I-134 come up in courtroom since ?

[MarktheShark 20]

9 minutes ago, Family said:

You mentioned you had to “ re-file”. ..what exactly?

 

Back in Aug 2023, you were anticipating a 3rd hearing and were sent to mediation..if I read correctly.

Did she retain counsel..? 
Odd that she would be advised to blow off mediation ..

 

And has the I-134 come up in courtroom since ?

Yes, the 1st attempt was thrown out for lack of jurisdiction. I put incorrect dates on the initial filing. Now, we back at it again. We met late last year. The follow-up hearing is 1/22/24. 

 

She did not retain counsel. My counsel will show up when we have a trail, but not for hearing. They're very expensive for status hearing.  

 

The I-134 or I-864 has not come up. That will come during the trail. Coincidentally, I realized I never filled out an I-130. Not sure if that matters much now, but lawyer will accompany me when we go to trial. 

 

She blew off mediation, because she belives the judge will award her more. She's been living on her own for over a year somewhere in DC. 

[Alexmat1 9]

2 hours ago, MarktheShark said:

At the last hearing when the judge realized we didn't have any marital propery or debit she Strongly emphasized we work things out in mediation, because we hadn't accumulated any debit or property together. She has nothing to loose so never showed up to mediation and wants a judge to decide. We go back on 1/22/24 for a status hearing.  

I think its a losing game for her. She maynot get any property from you, but if the marriage has been for a year or two, the judge can order some support based on your income but that support could be few months to an year, and if you are already supporting her after separation thats counted as credited towards your total support obligation. 

[Family 3,549]

13 hours ago, MarktheShark said:

Yes, the 1st attempt was thrown out for lack of jurisdiction. I put incorrect dates on the initial filing. Now, we back at it again. We met late last year. The follow-up hearing is 1/22/24. 

 

She did not retain counsel. My counsel will show up when we have a trail, but not for hearing. They're very expensive for status hearing.  

 

The I-134 or I-864 has not come up. That will come during the trail. Coincidentally, I realized I never filled out an I-130. Not sure if that matters much now, but lawyer will accompany me when we go to trial. 

 

She blew off mediation, because she belives the judge will award her more. She's been living on her own for over a year somewhere in DC. 

The bit about not filing I-130 is not important cause I-129F acts as if..but it does not matter since the I-134 is not enforceable and the I-864 was withdrawn. ..so even if she gets a last minute attorney, nothing they can do with that. ..so put your mind at ease.
 

 

[MarktheShark 20]

On 1/11/2024 at 11:49 AM, Family said:

The bit about not filing I-130 is not important cause I-129F acts as if..but it does not matter since the I-134 is not enforceable and the I-864 was withdrawn. ..so even if she gets a last minute attorney, nothing they can do with that. ..so put your mind at ease.
 

 

It's over. Got my divorce today. I start new post today. No alimony. I agreed to pay her 2600 by March 9th. 

[Boiler 43,683]

Excellent

[TBoneTX 43,404]

3 hours ago, MarktheShark said:

It's over. Got my divorce today. I start new post today. No alimony. I agreed to pay her 2600 by March 9th. 

What a relief for you!  You got off cheaply, too.  Your sense of freedom must be overwhelming.  All the best to you.