affidavit of support and divorce

[ksj 0]

A friend of mine, a US citizen, and his wife, who came from Ukraine on a K-1, are divorcing.

Once the divorce is finalized, she will probably return to Ukraine, due to the bad economy here.

She has been attending college in the US on student loans, which were taken out in her name, only.

If she returns to Ukraine, and defaults on the loans, is my friend liable for them?

They have been married five years and she has been a US citizen two years. She never renounced her Ukrainian citizenship.

Thanks for any good advice.

[Penguin_ie 5,997]

I think it will depend on when the student loans were taken out (less chance he is liable if taken out after she became a USC), as well as what the loans say in terms of liability for a spouse and what the divorce decree will say in terms of liability for eachother's debts.

[JimVaPhuong 4,863]

A friend of mine, a US citizen, and his wife, who came from Ukraine on a K-1, are divorcing.

Once the divorce is finalized, she will probably return to Ukraine, due to the bad economy here.

She has been attending college in the US on student loans, which were taken out in her name, only.

If she returns to Ukraine, and defaults on the loans, is my friend liable for them?

They have been married five years and she has been a US citizen two years. She never renounced her Ukrainian citizenship.

Thanks for any good advice.

The affidavit of support expired when she got her citizenship. Even if it hadn't, the affidavit of support doesn't obligate the sponsor to pay her student loans. It only obligates him to see that she is supported at or above the relevant income level, and that he may have to reimburse the government if she collects any means tested benefits.

Ok, none of the above means he isn't responsible for her student loans - it only means that the affidavit of support doesn't make him liable. This is a matter of divorce law in the state where they live. The law varies from state to state, but generally - if the debt was acquired after the marriage began, and if the family court does not view it as a "separate debt", then he is probably at least partially liable for the debt. In some states, a debt is not a "marital debt" unless both husband and wife commit to the payment of the debt (i.e., both sign the note). In other states, a debt is automatically a "marital debt" unless specific arrangements are made to ensure that the debt is considered separate. In California, for example, a wife can sign up for a credit card using her signature alone, and her husband can be held liable for repayment of any charges. I know because it happened to me.

The division of marital assets and debts is usually resolved as part of the divorce settlement. If she wants to make sure her ex-husband isn't stuck with repaying her student loans, she can assume that debt in the settlement agreement during the divorce.

[Dakine 26]

A friend of mine, a US citizen, and his wife, who came from Ukraine on a K-1, are divorcing.

Once the divorce is finalized, she will probably return to Ukraine, due to the bad economy here.

She has been attending college in the US on student loans, which were taken out in her name, only.

If she returns to Ukraine, and defaults on the loans, is my friend liable for them?

They have been married five years and she has been a US citizen two years. She never renounced her Ukrainian citizenship.

Thanks for any good advice.

This doesn't have anything to do with immigration. It's just your "normal" divorce in the US and who pays what will come up in the divorce.