Immigrant Divorce...Support Law

[crazyeights]

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

I've read about it here before but cannot find it doing a search. Could someone please explain (or direct me to the thread that describes) the legalities related to divorcing an immigrant as far as what is law in supporting that person.

It seems to me that I read there was a difference given the year. Something related to pre/post 1996 marriage???

Any information would be helpful. Thanks

 

[Proserpina]

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

I've read about it here before but cannot find it doing a search. Could someone please explain (or direct me to the thread that describes) the legalities related to divorcing an immigrant as far as what is law in supporting that person.

It seems to me that I read there was a difference given the year. Something related to pre/post 1996 marriage???

Any information would be helpful. Thanks

I'll try and help you figure this out

This is about the Affidavit of Support. This is an agreement between the sponsor and the US government that the sponsor will ensure that the immigrant will not become what's called a "public charge". In order to do this, the sponsor is basically promising to support the immigrant.

Prior to 1996, this form was called I-134. The courts determined that this form is NOT legally enforceable by the immigrant and thus could not be used to obtain support from the sponsor (although the State could still go after the sponsor if the immigrant did use certain forms of State aid).

However in 1996 othe government introduced another Affidavit of Support, the I-864. This IS enforceable, and many immigrants have successfully sued their sponsor for continued support up to 125% of the Federal Poverty Level.

Stump was one of the more high profile cases; you can read more here:

http://www.ilw.com/articles/2006,0110-wheeler.shtm


In every case I'm aware of the ruling has been in favor of the sponsored immigrant.

(Does that help?)


Edited: The I-134 is still used in consular processing; it's just not enforceable.

 

[crazyeights]

Thank you so much Prosperina, that explains it just as I read it in a past thread but better.

Another question if I may, my friend who is the immigrant was married in 1996. Was there a particular month that this was put into place? Also, her divorce was completed in March of this year. This was not addressed at all during the divorce. Does this mean that if they/he signed the new papers that they no longer are valid??

Thanks for the quick response. It is much appreciated.

 

[crazyeights]

They were married in February....

 

[Proserpina]

Thank you so much Prosperina, that explains it just as I read it in a past thread but better.

Another question if I may, my friend who is the immigrant was married in 1996. Was there a particular month that this was put into place? Also, her divorce was completed in March of this year. This was not addressed at all during the divorce. Does this mean that if they/he signed the new papers that they no longer are valid??

Thanks for the quick response. It is much appreciated.

That's a toss-up, in all honesty. I couldn't really tell you which month the new form was brought into play.

However, since your friend got married in 1996 there's at least a fair chance that the forms weren't filed until 1997 which would generally mean that the I-864 was used.

Another interesting little snippet about the I-864 is that there is nothing barring the sponsored immigrant from suing AFTER the divorce has been finalized; usually if support isn't addressed in the divorce, the petitioning party can't come back later and ask for support. The I-864 is a completely separate animal.

Your friend really needs to get a copy of all of the records. Is she the sponsor or the immigrant?

 

[crazyeights]

That's a toss-up, in all honesty. I couldn't really tell you which month the new form was brought into play.

However, since your friend got married in 1996 there's at least a fair chance that the forms weren't filed until 1997 which would generally mean that the I-864 was used.

Another interesting little snippet about the I-864 is that there is nothing barring the sponsored immigrant from suing AFTER the divorce has been finalized; usually if support isn't addressed in the divorce, the petitioning party can't come back later and ask for support. The I-864 is a completely separate animal.

Your friend really needs to get a copy of all of the records. Is she the sponsor or the immigrant?

She is the immigrant. She was awarded SS but for only a certain amount of years. I will tell her to get the records, if anything just to have. Right now, he is not paying her but is controlling her by taking her to the store to buy what she needs etc. instead of paying her the support (CS & SS). He is still threatening her and the kids by the means of if you don't do this or that, I won't do this or that. Really another story but I wanted to find out what the law was in this regards.

Thanks again....

 

[LdiJ]

She is the immigrant. She was awarded SS but for only a certain amount of years. I will tell her to get the records, if anything just to have. Right now, he is not paying her but is controlling her by taking her to the store to buy what she needs etc. instead of paying her the support (CS & SS). He is still threatening her and the kids by the means of if you don't do this or that, I won't do this or that. Really another story but I wanted to find out what the law was in this regards.

Thanks again....

If he is not paying the ordered support (and taking her to the store to buy things is the same as not paying it) then she needs to take him to court for contempt.