What happens to my assets if I divorce my foreign spouse with a temporary green card?

[Bill Oxner 18]

4 hours ago, JeanneAdil said:

yeah,  and let her claim monetary assistance, housing and medicaid and your I 864 will kick in for government to get the funds reimbursed to them

I have never heard of the government going after a person for a I 864

 

Do you have any documented records showing that happening?

[Bill Oxner 18]

9 minutes ago, Stein said:

Stop giving bad advice.  The court can request records of bank accounts prior to filing the divorce so even if you pulled this stunt it will backfire.  And I really don't see her paying him alimony.

You don't go out and pull money today and file divorce tomorrow,  You plan it out, you take you time, you protect your assets and then you pull the trigger.

 

 

[Bill Oxner 18]

1 hour ago, Mike E said:

nope

 

https://selfhelp.courts.ca.gov/spousal-support/longterm

 

“For marriages less than ten years, support will last half the length of the marriage”

 

Good Catch 👍

 

 

 

[Mike E 11,739]

1 hour ago, carmel34 said:

Here's another opinion, based on the I-864 that the petitioner signed:

 

https://www.soundimmigration.com/can-you-enforce-the-form-i-864-affidavit-of-support-in-a-divorce-case/#:~:text=Yes – in most states the,maintenance (also called alimony).

1. 125 percent of current poverty limit for a single person household is about $1500/month. If that’s too much money to pay, one cannot afford to file I-130. Any beneficiary that tries to subsist on $1500 a month is not going to survive in this country. She will need to go to work. Each gross dollar of her non I-864 income  knocks a dollar off the contracted I-864 support.

 

2. If the I-864 issue is brought up by  in divorce court, the feds have ruled that they have no jurisdiction to order financial support beyond that ordered by  state court: 

 

https://www.supremecourt.ohio.gov/rod/docs/pdf/6/2012/2012-ohio-2088.pdf

 

To summarize the above:

 

1. Petitioner got ahead of the issue in divorce court and noted the I-864 that the petitioner signed.

 

2. Petitioner made the argument that because the married couple had a combined 40 SS credits during the marriage, the I-864 contract ended.

 

3. State courts ultimately upheld that argument.

 

4. Beneficiary did not like it, so tried to do an end run through federal court. 
 

5. Federal court said heck no: the federal  court has  no jurisdiction on divorce cases.

 

I’m curiously how many contributors to this thread have been divorced.

 

 

[Bill Oxner 18]

5 hours ago, Sarge2155 said:

The bottom line after all is said and done, it's cheaper to keep her!

Not really, I have seen marriage partners where the the other person drained thier bank account and put them into debt with credit cards. It was cheaper to bite the bullet and divorce them.

 

He is in a community property state like I am. It's very easy to protect your assets

 

He was only married 2 years, so have your bank accounts where you keep the majority of your money in a seperate bank account from your spouse, have them established before marriage and don't comingle funds and your money is safe and can't be considered community property.

 

I had a house, vehicles and boats all in my name before marriage, went thru a divorce after a few years and all that was considered seperate property since it was all owned before marriage.

 

I came out smelling like a rose

 

Now with my current wife we only established one bank account together and we opened it like the week she arrived and I think I put $1000 when it was opened and never messed it it again, we only did it for K1 for immigration purpose only so she could get her Greencard. 

 

I went ahead and bought a new house before I did my K1 visa this time so it will be mine in case we didn't work out, My wife is from Philippines I wasn't sure how she would adjust to USA when she first got here and I wanted to protect all my assets. 

 

 

 

Edited March 18, 2023 by Bill Oxner

[Lemonslice 4,836]

On 3/17/2023 at 1:23 AM, PandaEat said:

Current situation: My foreign spouse's 2-year green card expired in Dec 2022, and I helped her apply for a 10-year green card, it’s now in a pending state. We had a fallout during these 4 months, and I want to get a divorce. Just last week I got a letter from USCIS regarding the green card, and they gave her a temporary extension green card letter of 48 months. With her current situation is she entitled to get a split of my assets when I do the divorce? I don’t have any property only saving money. We do not have any kids. What rights does she have in terms of demanding money from me for the divorce? Can she sue me for doing the divorce? If she doesn’t sign the paperwork to divorce what are my options? Can I do the green card withdrawal or cancel the pending temporary green card?

 

Anyone with experience in immigration/divorce law please help answer these questions. I really appreciate your help.

 

Reason for divorce: Our marriage was entered in good faith, but we have a lot of problems in our relationship.  One thing is that my wife doesn't want to pay for anything.  I take care of all the bills and living situation.  She been in the US for 2.4 years and worked for 1 year and still currently working.  I asked her to help pay for the food, but she said no.  I'm to a point where I had enough of this bull.  That's why I'm divorcing her because she just using me.  I know she will fight and not want the divorce, that's why I need you guys to help me answer the above questions.  Thanks

If you're in California, maybe reach out to this member to know which lawyer to contact (his ex's lawyer).

 

 

 

Edited March 18, 2023 by Lemonslice

[Bill Oxner 18]

37 minutes ago, Mike E said:

I’m curiously how many contributors to this thread have been divorced.

 

I have a few under my belt

Thankfully I was young when they happened and we never really had  that much to split like money or vehicles.

 

I am in community property state and learned how to protect my assets now that I am older and wiser.

[JeanneAdil 6,494]

2 hours ago, Bill Oxner said:

I have never heard of the government going after a person for a I 864

 

Do you have any documented records showing that happening?

it can happen and probably has

it's not something the government talks about but the I 864 gives them  the right 

[TBoneTX 45,267]

4 hours ago, Lemonslice said:

maybe reach out to this member

This suggestion, aided by enviable memory, is thoughtful, but that member hasn't logged in to VJ in nearly 3 years.

[Bill Oxner 18]

6 hours ago, JeanneAdil said:

it can happen and probably has

it's not something the government talks about but the I 864 gives them  the right 

I did alot of research when I signed, it's basically a worthless piece of paper one signs, whether it be a individual or a business for a like H1B visa

 

Federal Court Cases are a matter of public records, there is no such things as " It's not something the government talks about" , the US Federal Government has website where you can search and download all Federal Cases.

 

We live in the USA not Russia

[Mike E 11,739]

6 hours ago, Bill Oxner said:

I did alot of research when I signed, it's basically a worthless piece of paper one signs

Beneficiaries have successfully sued sponsors for I-864 benefits. See https://media.ca11.uscourts.gov/opinions/pub/files/201914668.pdf

[Bill Oxner 18]

8 minutes ago, Mike E said:

Beneficiaries have successfully sued sponsors for I-864 benefits. See https://media.ca11.uscourts.gov/opinions/pub/files/201914668.pdf

That was for like for divorce court?, I was aware of that, but it seemed like it is rarely used

 

I want to know where the US Federal Government went back to a sponsor due to an beneficary getting like public assistance, and made the person or company who signed the I 864 pay back.

 

Or am I missing something? I didn't read it 100%.

[Mike E 11,739]

34 minutes ago, Bill Oxner said:

That was for like for divorce court?,

No. The defendants were joint sponsors

[Bill Oxner 18]

Just now, Mike E said:

No. The defendants were joint sponsors

Can you give the cliff notes, that the short versions

 

The federal court made some one reimburse the US Federal Government for getting federal assistance?

 

Or this was more of a divorce court ?

 

[JeanneAdil 6,494]

8 hours ago, Bill Oxner said:

I did alot of research when I signed, it's basically a worthless piece of paper one signs, whether it be a individual or a business for a like H1B visa

 

Federal Court Cases are a matter of public records, there is no such things as " It's not something the government talks about" , the US Federal Government has website where you can search and download all Federal Cases.

 

We live in the USA not Russia

and we have civil courts that allow anyone to sue