Marrying a Ukrainian girl. Any financial consequences?

[Dave2770]

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


I've known this Ukrainian girl for a few months and we've been in love. She has a 10 year visa but doesn't want to go back and wants to marry me (obviously for legalization) but also because she loves me.

I have no assets under my name, only my family.

She's not in this marriage to take anything from me but should I be concerned?

If I marry her and then she divorces me right when she can still stay here legally without me, would I need to pay alimony?

I don't care about splitting household items we bought in a rented home or apartment but as long as I am not financially responsible for her and or have to split stuff with her then I'm ok.

How does this kind of law work marrying a foreigner? And what if I divorce her before her 2 years?

 

[CTU]

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


I've known this Ukrainian girl for a few months and we've been in love. She has a 10 year visa but doesn't want to go back and wants to marry me (obviously for legalization) but also because she loves me.

I have no assets under my name, only my family.

She's not in this marriage to take anything from me but should I be concerned?

If I marry her and then she divorces me right when she can still stay here legally without me, would I need to pay alimony?

I don't care about splitting household items we bought in a rented home or apartment but as long as I am not financially responsible for her and or have to split stuff with her then I'm ok.

How does this kind of law work marrying a foreigner? And what if I divorce her before her 2 years?

Is she already a permanent resident?

Which visa is she on?

 

[Dave2770]

No she's on a tourist visa

 

[CTU]

No she's on a tourist visa

Then you need to be very, very careful.

For her to become a permanent resident, you'll need to sponsor her and that means you'll be filing an affidavit of support (I-864). This is an agreement between you and the US government, and you're promising that she won't become a "public charge" (ie, going on welfare). You can be held responsible for supporting her to the amount of 125% of the federal poverty level (around $1100/month give or take) and divorce does not end your obligation.

The obligation is only fulfilled if one of these conditions are met:

1. She naturalizes (becomes a citizen)
2. She abandons her residency (leaves the US for good)
3. She earns 40 qualifying social security quarters (works for around 10 years)
4. She dies

(ordinarily I would have listed 5. You die, but apparently your estate can be held to the same obligation so I omitted it for accuracy)

If she's here on a 10 year visa, how has she been living and earning money? Who is supporting her?

 

[Dave2770]

She's living with her best friend who I am thinking of making her sign the affidavit of support. If she doesn't sign it, then I'm gonna divorce.

Also, do I have to do that affidavit of support before or after marriage? And if I don't, can I just divorce?

What happens if I choose to divorce her after 3-4 months because of some reason and the affidavit of support was done by her friend who she lives with (who makes 80k/year)...

 

[CTU]

She's living with her best friend who I am thinking of making her sign the affidavit of support. If she doesn't sign it, then I'm gonna divorce.

Also, do I have to do that affidavit of support before or after marriage? And if I don't, can I just divorce?

What happens if I choose to divorce her after 3-4 months because of some reason and the affidavit of support was done by her friend who she lives with (who makes 80k/year)...

The affidavit of support is submitted with the application to adjust her status from visa holder to permanent resident; it doesn't go anywhere by itself. If you get married and you don't file to adjust her status, then you're not responsible for her any more than you would be if you married a random girl on the street.

You want some non-legal advice?

Do not get married. Date her. Hell, fall madly in love and move in with her. Have fun with her. But DO NOT get married until you are damn sure that you're both doing it for the right reasons.

And if it's for the right reasons, she won't mind waiting .. right? Right!

ETA: Dude, you're not ready to be married. You don't get married and then decide 4 months later that you want to get divorced.

 

[Dave2770]

The affidavit of support is submitted with the application to adjust her status from visa holder to permanent resident; it doesn't go anywhere by itself. If you get married and you don't file to adjust her status, then you're not responsible for her any more than you would be if you married a random girl on the street.

You want some non-legal advice?

Do not get married. Date her. Hell, fall madly in love and move in with her. Have fun with her. But DO NOT get married until you are damn sure that you're both doing it for the right reasons.

And if it's for the right reasons, she won't mind waiting .. right? Right!

ETA: Dude, you're not ready to be married. You don't get married and then decide 4 months later that you want to get divorced.

I already have dated her, fallen in love with her. Also, I got her pregnant... She was super pro life. I wasn't ready. And didn't know what to do. And now there's no child.

Feel like I owe her but don't want to get absolutely phucked out of revenge. I don't think this is the case. She still loves me and I know it. We still date and sleep together like crazy even after that rough part in our life.

Also, is divorce or annulment difficult or costly or something?

And I won't be responsible for filing her i130 and i485. The affidavit of support better be from her best friend and not me.

But we will live together

 

[stealth2]

I anticipate that she will rapidly find someone new to fall madly in love with.

 

[CTU]

I already have dated her, fallen in love with her. Also, I got her pregnant... She was super pro life. I wasn't ready. And didn't know what to do. And now there's no child.

That's very sad, although your point might have been garbled a little.

Feel like I owe her but don't want to get absolutely phucked out of revenge. I don't think this is the case. She still loves me and I know it. We still date and sleep together like crazy even after that rough part in our life.

I want you to read the first sentence here, and then the last sentence. Slowly.

Also, is divorce or annulment difficult or costly or something?

Annulment won't happen. Divorce is pretty cheap if you have no children, no assets and just want it over and done with. But wait! There's more ...

And I won't be responsible for filing her i130 and i485. The affidavit of support better be from her best friend and not me.

But we will live together

Ah, no. That's not how this works.

Let me explain.

She's here on a tourist visa, right? That means she's visiting. As in, "will return home" at some point. If she wants to actually live here legally, and work legally, she needs to either marry a US citizen (or permanent resident) or get a work visa. If she does neither, she's going to end up living here illegally.

I'm betting dollars to donuts she won't qualify for a work visa. So that leaves marriage and I agree with stealth's assessment of that situation.

 

[henbob6]

I want you to read the first sentence here, and then the last sentence. Slowly.

Are you looking for a reason to say no or a reason to say yes?

From reading your posts: You're looking at ways to protect yourself, not for how you can make this work. You don't seem to have a vision of being with this woman beyond two years.

Please do not marry this woman. Just don't.

 

[FlyingRon]

A ten-year visa doesn't mean you can live here for ten years. It just means that you can enter/reenter up to ten years from the date of issuance. Her legal duration of stay on a tourist visa is going to be MUCH shorter. Sounds like she's already illegally present. As pointed out the affidavit of support is a big step in the process, but it's not the only step.

If you do marry (and you convince the CIS that this isn't a sham and that you have a viable way of supporting her), she will be issued a conditional green card. That will only be good for two years and then she will have to show that it really wasn't a sham to get it permanently issued to her.

Yes alimony is very much a possibility. You don't get any special consideration with the (divorce) court because she's a foreigner or the fact your intent was immigration fraud.

 

[Dave2770]

Not sure is there two different expected payouts from me? Alimony and support?

 

[Dave2770]

Why will annulment not happen?

We will live together also. She does want me. I know there were other guys that have hit on her but she's a really faithful one. This isn't my concern.

My only issue is that yes im doing her a favor so I just want my ass covered. For me, an ideal marriage is done under God in a church with witnesses present and not under a paper under the state. So for me this is just a way to ensure we have our relationship continue for another 3 years minimum. Besides she's really well behaved and amazing. Takes care of family and her man really well.

But I've been telling her I'll do it for like 1.5 months ever since the end of her pregnancy. I felt bad so I brought it up.

Now I'm just asking for some help to ensure my finances remain safe. Otherwise we will live together, she's not paying me, and we will be in a relationship like any other couple. A real relationship.

 

[adjusterjack]

I got her pregnant...

Jeez. Don't you know what a condom is for?

You screwed up your life for at least the next 18 years.

I agree with the others that say don't marry this woman.

You'll be on the hook supporting the kid for at least 18 years but, at least, not her.

 

[not2cleverRed]

Chivalry is beyond dead.

Don't marry her.

Since you are unwilling to sponsor her, marrying will not help her unless she is a liar. In order to get a marriage based greencard, she would have to be sponsored by you. Or she could just falsify paperwork and forge your signature... Or she could claim that she is being abused/controlled by you, and that's why she doesn't have a greencard...

Furthermore, a 10 year visa does not mean that she can stay here for the entire 10 years. It's usually limited to 6 months per year or something like that. So it is very likely that she is already in violation of the terms of her visa and is illegally here.