obligations of ex-husband for immigrant ex-wife

[24Cadilac]

What is the name of your state (only U.S. law)? TX
I have a friend from another country that married an American man. They were married for 1.5 years. She went home for an operation and during that time he filed for divorce as if she had abandoned the marriage and was awarded everything in the divorce proceedings. When she returned he informed her of the divorce and told her he would pay for her an apartment to live in. He has now told her he no longer wishes to pay anymore and he will buy her ticket to return to her country. She has a valid green card and is currently working but is not making enough to pay for her apartment. I’m pretty sure he signed an affidavit of support for two years. Does she have any legal recourse or must she leave as he has told her if she cannot support herself?

 

[Proserpina]

What is the name of your state (only U.S. law)? TX
I have a friend from another country that married an American man. They were married for 1.5 years. She went home for an operation and during that time he filed for divorce as if she had abandoned the marriage and was awarded everything in the divorce proceedings. When she returned he informed her of the divorce and told her he would pay for her an apartment to live in. He has now told her he no longer wishes to pay anymore and he will buy her ticket to return to her country. She has a valid green card and is currently working but is not making enough to pay for her apartment. I’m pretty sure he signed an affidavit of support for two years. Does she have any legal recourse or must she leave as he has told her if she cannot support herself?

He didn't just sign it for 2 years. He signed it until one of these things happens:

1. She dies
2. She naturalizes
3. He dies
4. She earns 40 qualifying social security "quarters" (works for about 10 years)
5. She abandons her residency permanently

With that said, he's only obligated to support her to the tune of 125% of the Federal Poverty Level. That's not a whole heck of a lot of money ($1100/month give or take), and if she's already working that will obviously bring down the amount he'd owe.

She'd also have to sue him in Federal court.

She does not however have to leave the country (though it might be a viable option financially).

 

[Proserpina]

Afterthought:

If she wasn't served correctly she may be able to get the divorce itself revisited, using the I-864 to negotiate a settlement. She'll need an attorney.