Alimony & immigration

[Love&money]

What is the name of your state (only U.S. law)? MD

Was Married for 4 months
Been separated for almost 2 years
Her immigration papers pending at USCIS, With divorce going on, she probably wont get her greencard.
She had been working till October 2008 with legal papers
She makes 1/4th of what I make

Now, She wants Alimony, Ped lite and Permanent.
what do you think, does she deserve it?

[Proserpina]

Hi,

I'm going to try and find the links to the cases but wanted to post quickly while my brain was still running!

This might depend on whether or not you signed and executed I-864 - this is basically a contract between you and the government that effectively means you've promised to keep your wife at 125% of the poverty level to ensure she won't - basically - end up on welfare. The government won't enforce this (unless she does take welfare and then they *might* come back to you for reimbursement) - but your wife does have standing to sue and this is NOT dependent on her actually being a full, "no conditionals attached" legal resident.

The cases I'm thinking of are Moody and Stump (from memory) and in one it was actually implied (if not stated outright) that the fact the sponsored immigrant may not have been a permanent resident didn't matter (!!!!!)...the important part was that her sponsor signed the I-864 and that in itself created an enforceable contract.

Several sponsored immigrants have successfully sued their former spouses for support using this - the length of the marriage didn't matter. The only defense you might have is if the marriage was fraudulent and that, specially after you've been separated two years - not divorced, correct? - is going to be hard to prove at this stage.

YOU NEED A LAWYER! And one who is versed in immigration law....

[Proserpina]

Stump decision [url=http://www.ilw.com/articles/2006,0110-wheeler.shtm]ILW.COM - immigration news: Alien vs Sponsor: Legal Enforceability Of The Affidavit Of Support[/url]

This is from elsewhere online (I don't have Lexis so any quotation things I do here are disclaimered and of course subject to seniors correction lol)

"See Cheshire v. Cheshire, No. 3:05-cv-00453-TJC-MCR (M.D. Fla. May 4, 2006) (holding that husband in a divorce action is obligated to pay support payments based on form I-864 affidavit of support and that it is immaterial whether the husband can afford the judgment, and that the wife is not required to work); And Stump v. Stump NO.: 1:04-CV-253-TS (N.D. In. May 27, 2005)."

You have two things to look at there. Find them, read them and take them to your attorney!

There's another, too, and I *think* the case was Moody vs. Sorokina [url=http://www.precydent.com/citation/NY+App+Div+(4th+Dept)/1657+CA+05-00722]Moody v Sorokina - 1657 CA 05-00722 - Docket :: PreCYdent Search Engine[/url] and though it might be a bit different the rules of that Affidavit of Support were used and applied.

Before I make a foolish ASSumption (which I think I already have) I want to ask - were you her sole sponsor, or was she (or someone else) a cosponsor?

[Ohiogal]

Okay Dog, I am swooning. You are basically my favorite newbie on this part of the forums.

[Love&money]

yes I am the sole sponsor.

[Proserpina]

If I knew how to blush delicately I would do it (but "deli cart" is something I see in the grocery store, not summat I do here often lol). Thank you OG - but what can I say? It's YOU folks who got me to kick myself a bit and stick around to learn S'all YOUR faults!

Now OP, thank you for confirming that bit. Yes, if your wife files for support using the I-864, you're going to be on the hook for the difference between her earnings and the "125% of the poverty level" amount. If she works and earns $1200/month then you probably won't be liable for anything at all. And just so you're aware, your obligation would not end until she has earned 40 qualifying SS quarters, she gets citizenship, dies or leaves the country permanently. She can even remarry and it won't affect anything.

Your worst case scenario would be if she doesn't work AND knows what she might be entitled to AND files suit against you. Unfortunately it appears that the cases which have gone to court have been consistent in saying "but she's under no obligation to work or even seek work", which - personally, I'm just sayin' - seems more than a little unfair to you, the sponsor. But it is what it is.

Since you said she IS working though, it seems that your obligation may not be much at all.

But bottom line? GET THEE TO A LAWYER, AND QUICKLY!

[Ohiogal]

I say nothing but DITTO DOG! Dog is absolutely correct.

[Love&money]

I am US citizen and sponsored my wife's K-1 after visiting India and having an informal engagement ceremony.

Later the same year, I married her in India, now she become my spouse. However to take advantage of short processing time of K-1, and not apply for a longer legitimate K-3 visa, she still went ahead, obtained K-1 visa after our marriage and used the K-1 to arrive to US.

Does this constitute an immigration fraud?

[LdiJ]

Originally Posted by Love&money

I am US citizen and sponsored my wife's K-1 after visiting India and having an informal engagement ceremony.

Later the same year, I married her in India, now she become my spouse. However to take advantage of short processing time of K-1, and not apply for a longer legitimate K-3 visa, she still went ahead, obtained K-1 visa after our marriage and used the K-1 to arrive to US.

Does this constitute an immigration fraud?

No, it does not. However it does normally require that you get married again in the US.

I know lots of people who married abroad but still came in on fiance visas and married again in the US...and the INS was well aware of it.

[Proserpina]

You had to be the one to file for her K visa/s, yes? That in itself implies that you were aware of the situation and if those applications were fraudulent you could very well be seen as complicit from the beginning.

As there hasn't been any fraud (from what you've said so far) this is moot anyway. If you're looking at ways to get out of the obligation, please think very, very carefully about going with the whole "fraud" issue because that one could easily come back and bite you a thousand times harder.

Look through the ILW.com document I posted earlier, because it mentions possible defenses should your ex actually file suit against you. None of them worked for the case in question, but if the worst does happen you have nothing to lose by getting your attorney to try anyway.

[evcalyptos]

Originally Posted by Love&money

I am US citizen and sponsored my wife's K-1 after visiting India and having an informal engagement ceremony.

Later the same year, I married her in India, now she become my spouse. However to take advantage of short processing time of K-1, and not apply for a longer legitimate K-3 visa, she still went ahead, obtained K-1 visa after our marriage and used the K-1 to arrive to US.

Does this constitute an immigration fraud?

Originally Posted by LdiJ

No, it does not. However it does normally require that you get married again in the US.

I know lots of people who married abroad but still came in on fiance visas and married again in the US...and the INS was well aware of it.

Originally Posted by Dogmatique

You had to be the one to file for her K visa/s, yes? That in itself implies that you were aware of the situation and if those applications were fraudulent you could very well be seen as complicit from the beginning.

As there hasn't been any fraud (from what you've said so far) this is moot anyway. If you're looking at ways to get out of the obligation, please think very, very carefully about going with the whole "fraud" issue because that one could easily come back and bite you a thousand times harder.

Look through the ILW.com document I posted earlier, because it mentions possible defenses should your ex actually file suit against you. None of them worked for the case in question, but if the worst does happen you have nothing to lose by getting your attorney to try anyway.

There has not been any fraud? What are you guys on about?

If a person takes a K-1 visa at a Consular interview, and does not introduce the material fact that they are now married, that is fraud.

If that person uses the visa and enters the US, presenting themselves as an unmarried person, that is absolutely fraud.

When the person files for their adjustment of status, they are going to have to lie again.

If material misrepresentation is not fraud, what is? Maybe the law is different over on this forum?

[Proserpina]

Hmmm...ok, I think I might have misread things.

But either way, a question! If he applied for the K1 and had a religious ceremony in India (as opposed to a legally binding ceremony), then surely the K1 would still apply, yes? Provided there was a legal ceremony in the US as per the K1?

I do recall reading cases where this has been "ok" from the immigration point of view but I can't cite any case law or anything, so my perception could very well be moot or downright incorrect - if that's the case, then I do apologize for misleading our OP!

I'm here to learn, as ever - just hope I didn't muddy the waters too much.