MarktheShark

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

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

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

Excellent

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

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

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

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

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 ?

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. 

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is not important cause I-129F acts as if..but it does not matter since the I-134 is not enforceable and the I-864 was withdrawn.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.
 
 

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. 

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.

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.  

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.  

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.

Oh, I have both. And a tenant not paying in the basement for the last 4 months. So, I got one more lawyer too Can't wait for 2024!!!

Oh, I have both. And a tenant not paying in the basement for the last 4 months. So, I got one more lawyer too Can't wait for 2024!!!

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 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.
 

Yes, but I did the 864. We have another hearing next month. So I'm debating if I bring a immigration lawwer for the hearing, I probably will so he can explain my case properly. 

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.

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.
 

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.

Sounds like her divorce attorney is trying to push you into a financial settlement using the I-134 as leverage.  Don't settle in mediation, definitely prepare for a trial with both a good divorce attorney and an experienced immigration attorney in case the I-134 comes up in court.