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MarktheShark

Divorce from non-immigrant (out of status) and financial responbsibility

By MarktheShark in Effects of Major Family Changes on Immigration Benefits

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MarktheShark Apprentice

MarktheShark   21

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Country: Dominican Republic
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I go to court next month for another hearing in my divorce. The judge said the following:

Defendant, who is from the Dominican Republic, alleged that, pursuant to the paperwork the parties had completed to sponsor Defendant’s entry into the United States, Plaintiff was financially obligated to support her while she resided in the United States.

What does that mean? She never aquired a green card and is out of status right now. How do I explain to the judge I'm not her sponsoer anymore? The 485 has been denied. She has no basis for being here anymore. I realize she an re-apply for wavier and try to self petition.

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Boiler
Boiler

Op did not know he filed a K1.

Family
Family

See above ref material and you will find with a bit of reading you can talk  your way to the family court simply by stating your ex, the defendant has misunderstood the law as it applies both to your

Family
Family

You do NOT need an immigration attorney. Your family law attorney can brush up on contract law and be able articulate that one is unenforceable ( I-134) and the other (I-864) rescinded/cancelled.

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Boiler Grand Master

Boiler   45,727

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Filed: K-1 Visa Country: Wales
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You do not explain anything, your really good Divorce Lawyer does.

 

Is this a K1 case or Adjustment?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

MarktheShark Apprentice

MarktheShark   21

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Country: Dominican Republic
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2 minutes ago, Boiler said:

You do not explain anything, your really good Divorce Lawyer does.

 

Is this a K1 case or Adjustment?

It was an adjustment, but now we're in divorce. I thought we had a trial next month, but it's actually another hearing with mediation probably to follow. I want to go trail, but I might have to wait until the Fall. My lawyer will appear when trial begin, I attend the hearing solo. We consult during the week, My immigration lawyer tell me she has few options since she never received her green card.

Boiler Grand Master

Boiler   45,727

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Filed: K-1 Visa Country: Wales
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How did she enter the US, what was she seeking to adjust from?

 

VAWA seems her obvious option.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   45,727

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Filed: K-1 Visa Country: Wales
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So a K1 and you completed an I 134.

 

The Divorce Judge is not likely to know that it is unenforceable so it is up to your Lawyer to educate him, her whatever.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

MarktheShark Apprentice

MarktheShark   21

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Country: Dominican Republic
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Just now, Boiler said:

So a K1 and you completed an I 134.

 

The Divorce Judge is not likely to know that it is unenforceable so it is up to your Lawyer to educate him, her whatever.

Yes, but I did the 864. We have another hearing next month. So I'm debating if I bring a immigration lawwer for the hearing, I probably will so he can explain my case properly. 

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Boiler Grand Master

Boiler   45,727

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Defendant, who is from the Dominican Republic, alleged that, pursuant to the paperwork the parties had completed to sponsor Defendant’s entry into the United States

 

 

Seems pretty clear the reference is to the the I 134, now if I was your Divorce Lawyer I would wish to brief the Judge on both, the I 134 is not enforceable citing chapter and verse and the I 864 was never completed.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

carmel34 Experienced

carmel34   3,645

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Filed: Citizen (apr) Country: Brazil
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26 minutes ago, MarktheShark said:

I thought we had a trial next month, but it's actually another hearing with mediation probably to follow. I want to go trail, but I might have to wait until the Fall.

Sounds like her divorce attorney is trying to push you into a financial settlement using the I-134 as leverage.  Don't settle in mediation, definitely prepare for a trial with both a good divorce attorney and an experienced immigration attorney in case the I-134 comes up in court.

MarktheShark Apprentice

MarktheShark   21

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Country: Dominican Republic
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39 minutes ago, carmel34 said:

Sounds like her divorce attorney is trying to push you into a financial settlement using the I-134 as leverage.  Don't settle in mediation, definitely prepare for a trial with both a good divorce attorney and an experienced immigration attorney in case the I-134 comes up in court.

I'm not following you. I never signed a 134. Only 864. I want a trail. The judge keeps delying the trial. 

Boiler Grand Master

Boiler   45,727

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Filed: K-1 Visa Country: Wales
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K1 requires a I 134

 

No I 134 no K1

 

So if was not a K1 what was it?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

MarktheShark Apprentice

MarktheShark   21

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Country: Dominican Republic
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1 hour ago, Boiler said:

So a K1 and you completed an I 134.

 

The Divorce Judge is not likely to know that it is unenforceable so it is up to your Lawyer to educate him, her whatever.

She came here on I-129F visa.

8 minutes ago, Boiler said:

K1 requires a I 134

 

No I 134 no K1

 

So if was not a K1 what was it?

I-129F

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Boiler Grand Master

Boiler   45,727

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Filed: K-1 Visa Country: Wales
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You definitely need an Immigration Lawyer as well as a Divorce Lawyer.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   45,727

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Filed: K-1 Visa Country: Wales
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Posted

Your Immigration Lawyer can explain what you filed and the consequences.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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