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

[srilankanmafia 15]

Different issues, different treatment. Marriage establishes a “fiduciary duty” to the spouse. All this depends on your state laws as well. Community property or not. You’re the sponsor - in the eyes of the law, regardless of her immigration status and/or whether you signed the 864/134 or not. I never signed or provided a 134 and my husband came from DR as well. Just because you withdrew your immigration petition, it has nothing to do with your responsibility to provide for her now as well. She can be out of status but it’s highly unlikely they’ll remove her unless she commits a crime, etc. I agree with other comments that you should settle in mediation and make her sign a waiver of any and all future claims against you. Sorry you’re going through this. Wishing you all the best! 

Edited July 9, 2023 by srilankanmafia

[Gawain 23]

On 6/28/2023 at 1:19 AM, Family said:

You do NOT need an immigration attorney.

 

 

I agree with this.  But what I would also suggest is before any appearance that includes a judge or mediator, request from your lawyer an hour of his/her time.  It should be near the date of the court appearance.  Get with your lawyer and lay out the case as you see it.  Try to get the lawyer to "see it through your eyes."  Most of these divorce lawyers (and judges) are conditioned to go through a set routine with divorce cases, and you don't want to just get caught up in the grind.  You want the specific details of your case have light shone on them, so the judge sees.  Your divorce lawyer has to be able to articulate this to the judge.

 

You probably also know if your spouse has any social media accounts.  I would start looking at all those posts, as much as possible, and see if the spouse is posting things that you can print and copy and let the judge see.

I know this sounds stupid, but a friend of mine won his divorce that way when the spouse started posting how she called the cops on him to make a false allegation of abuse...  It's a longshot but it deserves a look.

It might also be important for us to know the jurisdiction where this is happening, but I'm not asking for you to divulge any details that you don't want to.

Good luck.

 

[MarktheShark 20]

Since we have not settles in mediation is it too late for her sign a waiver of any and all future claims against me? 

 

I live in DC. The 3rd hearing is tomorrow. I just learned this evening it will be remote. The judge gave instructions at the last hearing for us to try and mediate again. No luck. So finally, the judge will probabaly set a trial date.  

[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.

Hi Boiler. What part in sentence makes you believe it comes from the I-134? We have hearing tomorrow.  She doesn't have any standing to be here after the divorce. And doesn't her visa become out of date once the divorce is final?

I485_Withdrawal Acknowledgement - Copy.pdf I765_Denial Notice - Copy.pdf

[Sarge2155 4,571]

On 6/27/2023 at 11:06 PM, MarktheShark said:

Assumptions correct. She want's $6200 for lawyer fees and 1000 a month for alimony. She wants a year to figure out a way to stay in US  while I pay. I didn't agree. So we left mediation. The judge will probably ask us to go back. 

Ouch, yeah I'd fight that with everything I had...that would be a hosing for you!

[Boiler 43,600]

K1 is valid for 90 days, single entry.

 

Divorce is handled in Family Court not Immigration Court.

[Lemonslice 4,569]

1 hour ago, MarktheShark said:

Since we have not settles in mediation is it too late for her sign a waiver of any and all future claims against me? 

 

I live in DC. The 3rd hearing is tomorrow. I just learned this evening it will be remote. The judge gave instructions at the last hearing for us to try and mediate again. No luck. So finally, the judge will probabaly set a trial date.  

What would she gain by signing?

 

[Redro 4,601]

1 hour ago, MarktheShark said:

Hi Boiler. What part in sentence makes you believe it comes from the I-134? We have hearing tomorrow.  She doesn't have any standing to be here after the divorce. And doesn't her visa become out of date once the divorce is final?

The divorce proceedings have nothing to do with her ability to remain in the US. They are two separate issues. 

 

"The evidence of record shows that, when you filed your application, you were lawfully present in the United States as a nonimmigrant. Your period of authorized stay as a nonimmigrant has not yet expired. You are authorized to remain in the United States until that date (or any further extension)."

 

Her K1 visa was valid for 90 days. Did the denial letter indicate when she was supposed to leave the country? Or did it just refer the fact she is authorized to remain in the country until her non-immigrant visa expires? 

[MarktheShark 20]

4 hours ago, Redro said:

The divorce proceedings have nothing to do with her ability to remain in the US. They are two separate issues. 

 

"The evidence of record shows that, when you filed your application, you were lawfully present in the United States as a nonimmigrant. Your period of authorized stay as a nonimmigrant has not yet expired. You are authorized to remain in the United States until that date (or any further extension)."

 

Her K1 visa was valid for 90 days. Did the denial letter indicate when she was supposed to leave the country? Or did it just refer the fact she is authorized to remain in the country until her non-immigrant visa expires? 

The letter just refer the fact she is authorized to remain in the country until her non-immigrant visa expires.

[Me and her 276]

14 hours ago, MarktheShark said:

Hi Boiler. What part in sentence makes you believe it comes from the I-134? We have hearing tomorrow.  She doesn't have any standing to be here after the divorce. And doesn't her visa become out of date once the divorce is final?

I485_Withdrawal Acknowledgement - Copy.pdf 70.5 kB · 10 downloads I765_Denial Notice - Copy.pdf 107.43 kB · 7 downloads

To answer your question about part of the sentence that supports I-134 is what @Boilerhas in big bold words---Defendant's entry.  

[Boiler 43,600]

9 hours ago, MarktheShark said:

The letter just refer the fact she is authorized to remain in the country until her non-immigrant visa expires.

So 90 days after she entered.

[Crazy Cat 39,388]

On 8/2/2023 at 5:29 PM, MarktheShark said:

She doesn't have any standing to be here after the divorce. And doesn't her visa become out of date once the divorce is final?

Authorization to stay in the US is not dependent on marriage.  Marriage, in itself, confers no immigration rights.  

Edited August 4, 2023 by Crazy Cat

[Alexmat1 9]

On 7/9/2023 at 3:31 PM, srilankanmafia said:

Different issues, different treatment. Marriage establishes a “fiduciary duty” to the spouse. All this depends on your state laws as well. Community property or not. You’re the sponsor - in the eyes of the law, regardless of her immigration status and/or whether you signed the 864/134 or not. I never signed or provided a 134 and my husband came from DR as well. Just because you withdrew your immigration petition, it has nothing to do with your responsibility to provide for her now as well. She can be out of status but it’s highly unlikely they’ll remove her unless she commits a crime, etc. I agree with other comments that you should settle in mediation and make her sign a waiver of any and all future claims against you. Sorry you’re going through this. Wishing you all the best! 

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.  

[Bob in Boston 627]

Anyone know how this played out?

[RandyW 149]

On 6/28/2023 at 5:22 AM, MarktheShark said:

I go to court next month for another hearing in my divorce. The judge said the following:

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, Plaintiff was financially obligated to support her while she resided in the United States.

What does that mean? She never aquired a green card and is out of status right now. How do I explain to the judge I'm not her sponsoer anymore? The 485 has been denied. She has no basis for being here anymore. I realize she an re-apply for wavier and try to self petition.

What you G8ARANTEED was that you earn enough money to support ONE Household with  TWO PEOpLE - tthe immigrant and yourself

 

Make SURE to hire a lawyer who is good enough to handle the NEW situation. YOU WILL SOON hablve two houshlods to support, if HER layer manages to bambo9zle the judge.