International Marriages

[spyro333]

I would like to get married to someone from outside of the US. What kind of legal issues would I have to deal with?

What if the marriage doesn't work out? Would I be able to get a divorce?

Thanks.

 

[LdiJ]

I would like to get married to someone from outside of the US. What kind of legal issues would I have to deal with?

What if the marriage doesn't work out? Would I be able to get a divorce?

Thanks.

If you are married and living in the US, or move back to the US after separating from your spouse, then yes, you could get divorced. Otherwise, the laws of the other country would apply.

 

[latigo]

The last I read there are about 195 separate countries in the world.

Would you like their laws and customs on marriage and divorce listed alphabetically or geographically?

 

[Ohiogal]

The last I read there are about 195 separate countries in the world.

Would you like their laws and customs on marriage and divorce listed alphabetically or geographically?

I nominate this for best answer EVER!

 

[Proserpina]

I would like to get married to someone from outside of the US. What kind of legal issues would I have to deal with?

What if the marriage doesn't work out? Would I be able to get a divorce?

Thanks.

(after snorkling coffee everywhere from reading the other answers )

ASSuming you are:

1. A US citizen;
2. Going to sponsor your intended spouse;
3. Your intended spouse intends to live in the US with you;

The biggest issue you should be aware of is the legally binding I-864 Affidavit Of Support.

This is part of the package you would submit in order to obtain residency for your spouse. It is, essentially, a promise to the government that your spouse will not draw welfare (federal funds such as food stamps and TANF); in the event of your divorce you would be responsible for not only reimbursing the government should your spouse obtain this help, but also for ensuring your spouse is supported to the amount of 125% of the federal poverty guidelines (about $1000/month give or take).

Your obligation remains until one of these conditions is met:

Your spouse earns enough qualifying SS quarters (works for about 10 years);
Becomes a naturalized citizen;
Leaves the country permanently;
Dies.

Best case scenario:

You marry spouse. Spouse naturalizes and becomes a US citizen. You then divorce. Your obligation to support your spouse has ended.

Worst case scenario:

You marry spouse. You divorce spouse before any of the above conditions are met. Spouse uses I-864 to sue you for support. You're now on the hook for $1000/month (or at the very least, if your spouse works it will be the difference between his/her earnings and that amount).

Of course you could be wanting to live in your spouse's country, and/or your spouse could have already earned enough SS quarters to make the whole thing moot.

But there you have it.

It IS something EVERY potential sponsor needs to consider very, very carefully.

 

[Bucky41]

(after snorkling coffee everywhere from reading the other answers )

ASSuming you are:

1. A US citizen;
2. Going to sponsor your intended spouse;
3. Your intended spouse intends to live in the US with you;

The biggest issue you should be aware of is the legally binding I-864 Affidavit Of Support.

This is part of the package you would submit in order to obtain residency for your spouse. It is, essentially, a promise to the government that your spouse will not draw welfare (federal funds such as food stamps and TANF); in the event of your divorce you would be responsible for not only reimbursing the government should your spouse obtain this help, but also for ensuring your spouse is supported to the amount of 125% of the federal poverty guidelines (about $1000/month give or take).

Your obligation remains until one of these conditions is met:

Your spouse earns enough qualifying SS quarters (works for about 10 years);
Becomes a naturalized citizen;
Leaves the country permanently;
Dies.

Best case scenario:

You marry spouse. Spouse naturalizes and becomes a US citizen. You then divorce. Your obligation to support your spouse has ended.

Worst case scenario:

You marry spouse. You divorce spouse before any of the above conditions are met. Spouse uses I-864 to sue you for support. You're now on the hook for $1000/month (or at the very least, if your spouse works it will be the difference between his/her earnings and that amount).

Of course you could be wanting to live in your spouse's country, and/or your spouse could have already earned enough SS quarters to make the whole thing moot.

But there you have it.

It IS something EVERY potential sponsor needs to consider very, very carefully.

OK, Dog...I'm floored. This never occurred to me and now I'm concerned. The ex has worked FT since 2000 (not 40 quarters) which I do remember was on the paperwork I filled out to bring him here. AAARRRGH! Not trying to hijack, but what can OP do if he/she finds themself married and subsequently divorced from someone here on an I-864 that didn't get their citizenship?

 

[Proserpina]

This website offers possible defenses against the suit...though they didn't work for the husband in question it wouldn't hurt to try them. The judge might side with you, but again they've been pretty much consistent with ruling for the immigrant.

If it does happen, you absolutely need an attorney. A prenup stating that the immigrant will waive the support if you divorce might help too but I'm not sure whether or not that would override the affidavit, seeing as it's federal law and generally speaking lower courts uphold the contract.

http://74.125.93.132/search?q=cache:JliFi3jtt0IJ:www.lsnj.org/keyRecentDevelopments/AffidavitofSupportCase072106.doc+enforcing+I-864&cd=10&hl=en&ct=clnk&gl=us

(I think that's the right site but I'll double check)