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

[MarktheShark 21]

1 hour ago, Boiler said:

How did she enter the US, what was she seeking to adjust from?

 

VAWA seems her obvious option.

I was never violent toward her. No domestic violene.

[Boiler 45,463]

Just now, MarktheShark said:

I was never violent toward her. No domestic violene.

I never said you were.

[Crazy Cat 41,828]

10 minutes ago, MarktheShark said:

I was never violent toward her. No domestic violene.

A K-1 entrant who divorces before Adjustment of Status doesn't have many other legal routes to remaining in the US (other than a VAWA claim) without the K-1 petitioner.  

Edited June 27, 2023 by Crazy Cat

[MarktheShark 21]

5 minutes ago, Boiler said:

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

Thanks. I thought I understood after all this time. 

[pushbrk 12,872]

17 minutes ago, MarktheShark said:

Thanks. I thought I understood after all this time. 

You say the I-485 was denied.  A properly filed adjustment package would have included the I-864, but it would not be enforceable by immigration related means, if the I-485 was denied.  Why was it denied?

 

There ARE cases where the I-864 was used as grounds for spousal support in divorce cases though.  You signed a contract I-864 with the government though, not with your wife.

Edited June 27, 2023 by pushbrk

[MarktheShark 21]

5 minutes ago, pushbrk said:

You say the I-485 was denied.  A properly filed adjustment package would have included the I-864, but it would not be enforceable by immigration related means, if the I-485 was denied.  Why was it denied?

 

There ARE cases where the I-864 was used as grounds for spousal support in divorce cases though.  You signed a contract I-864 with the government though, not with your wife.

Because I withdrew. My understanding is no green card, no 864 enforcement.

[Crazy Cat 41,828]

2 minutes ago, MarktheShark said:

My understanding is no green card, no 864 enforcement

Correct.  The US won't enforce it, but it might sway a judge presiding over a divorce settlement if his/her discretion is allowed. 

Edited June 27, 2023 by Crazy Cat

[pushbrk 12,872]

2 minutes ago, Crazy Cat said:

Correct.  The US won't enforce it, but it might sway a divorce judgement.

Yes.  Both the divorce and Immigration Lawyers can collaborate to fight this but it's still the judge's decision.

 

I'm not either of those things but my first question would be to see her copy of the I-864.  I doubt she has it, but it could be demanded in discovery motions.

Edited June 27, 2023 by pushbrk

[Redro 4,611]

1 hour ago, MarktheShark said:

I was never violent toward her. No domestic violene.

Domestic violence also involves financial abuse and mental or emotional abuse… 

Citing financial sponsorship for K1 and pulling of the I864 (did this happen before or after divorce proceedings) could lend credence to a VAWA case. 
OP work very closely with both lawyers and see if you can provide them with copies of the I134 and (pulled)I-864. 
Do you know if your ex wants to remain in the US or not? 
i wonder if she would try to push for another adjustment package in divorce settlement… 

[SalishSea 17,818]

2 hours ago, Boiler said:

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.

Not enforceable by USCIS/US govt against means-tested benefits.

 

Enforceable in terms of a family court judgement for alimony is another question entirely, and up to the judge.  

[SalishSea 17,818]

1 hour ago, MarktheShark said:

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

I think you'll find you did sign one.  It is required for the K-1 interview.  

[pushbrk 12,872]

15 minutes ago, SalishSea said:

I think you'll find you did sign one.  It is required for the K-1 interview.  

Referring to the I-134, the wording of the earlier statement from the court refers to papers filed to get her here.  THAT would be the I-134.  The I-864 was filed to keep her here.  She may not even know about that one.  Any good immigration attorney would pick up an that verbiage, and any good divorce attorney would advise against volunteering information.  Like many decisions by judges, it could come down to which lawyer has (really "presents") the most persuasive argument.

Edited June 28, 2023 by pushbrk

[SalishSea 17,818]

1 minute ago, pushbrk said:

Referring to the I-134, the wording of the earlier statement from the court refers to papers filed to get her here.  THAT would be the I-134.  The I-864 was filed to keep her here.  She may not even know about that one.  Any good immigration attorney would pick up an that verbiage, and any good divorce attorney would advise against volunteering information.  Like many decisions by judges, it could come down to which lawyer has (really "presents") the most persuasive argument.

Right.  I figured the court has a copy of the originally filed papers, including the petition and the I-134.

 

My comment was that regardless of whether OP remembers signing one, he would have, as part of the process for sponsoring the K-1 itself.

[pushbrk 12,872]

3 minutes ago, SalishSea said:

Right.  I figured the court has a copy of the originally filed papers, including the petition and the I-134.

 

My comment was that regardless of whether OP remembers signing one, he would have, as part of the process for sponsoring the K-1 itself.

Of course he did.  He had to.  Whether she kept a copy, we don't know.  Assertion quoted refers vaguely to it, but does not actually mention it by name.  That's why I think the court does NOT have a copy.

 

I say often "Words mean things."  It's also true that words not used, mean things too.

 

 

Edited June 28, 2023 by pushbrk

[SalishSea 17,818]

3 hours ago, MarktheShark said:

I realize she an re-apply for wavier and try to self petition.

The only waiver she is eligible for would be VAWA, and there are specific criteria/evidence she'd need to get that approved.