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

[SalishSea 17,818]

3 hours ago, MarktheShark said:

I want to go trail,

Assuming you mean trial - but why would you want to take this to trial?  That can in no way benefit you.

 

I'm assuming there are no kids or joint property, due to the very short nature of the marriage?  Usually these things are sorted out via mediation, or just approved by the courts without a trial.

[Boiler 45,458]

My understanding is that only a Federal Court can enforce the I 864. Nobody can enforce the I 134 because it is not enforceable.

 

I assume a Divorce Court can take into account what they want to take into account. This is why your Divorce Lawyer needs to explain what a I 134 is etc etc to take this possibility away.

 

Now this does remind me of a thread some years back, I am never good at finding such threads, anyway the soon to be ex Husband was clueless, seems he had a Lawyer that was equally clueless. Anyway the thread went on forever as he simply could not get into his head how he was at risk and either had an incompetent Lawyer or one who did not care. I assume he got hosed but to my knowledge we never found out.

[Redro 4,611]

1 hour 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.

Good lawyers will be vague and not name the specific document. This gives them more leeway in their arguments. They can speak about I-134 but also mention how without EAD the sponsor is supposed to support them as they aren’t legally allowed to work. 
 

 

1 hour ago, pushbrk said:

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.

 

 

Court might have a copy. Court might not have a copy… keeping things vague is best practice. More room to argue for petitioner having certain obligations and maybe now needing to pay lawyer fees and daily living costs, maybe even flight home as she is more than likely out of status (and not legally allowed to work) unless she filed VAWA. Not allowed to work but needs to stay in the US for divorce proceedings.

 

 

[Boiler 45,458]

The assertion is quite specific.

[Redro 4,611]

3 minutes ago, Boiler said:

The assertion is quite specific.

Doesn’t name the document. So vague enough in my mind… OP didn’t even know what it was referring to… 

[Boiler 45,458]

Op did not know he filed a K1.

[MarktheShark 21]

4 hours ago, Crazy Cat said:

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

Thanks.

[MarktheShark 21]

4 hours ago, Crazy Cat said:

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.  

Thanks.

[MarktheShark 21]

4 hours ago, pushbrk said:

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.

The judge did mention something about that at the last hearing, I told the judge at the hearing the contract was invalid due to her not getting a green card. She ignored me. I'll have my immigration lawyer with me at my next hearing,

[MarktheShark 21]

3 hours ago, Redro said:

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… 

Yes, she wants to remain in US. She probably will try to re-adjust.

Edited June 28, 2023 by MarktheShark

[MarktheShark 21]

3 hours ago, SalishSea said:

Assuming you mean trial - but why would you want to take this to trial?  That can in no way benefit you.

 

I'm assuming there are no kids or joint property, due to the very short nature of the marriage?  Usually these things are sorted out via mediation, or just approved by the courts without a trial.

Assumptions correct. She want's $6200 for lawyer fees and 1000 a month for alimony. She wants a year to figure out a way to stay in US  while I pay. I didn't agree. So we left mediation. The judge will probably ask us to go back. 

[Family 3,988]

 

 

[Family 3,988]

3 hours ago, MarktheShark said:

Assumptions correct. She want's $6200 for lawyer fees and 1000 a month for alimony. She wants a year to figure out a way to stay in US  while I pay. I didn't agree. So we left mediation. The judge will probably ask us to go back

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 sponsorship obligation and her own precarious immigration status.

 

1. Defendant entered on a K-1 visa where an I-134 was executed. This contract is Unenforceable as decided by 3 separate courts ( here you can show off Google and print the three cases) 

 

2. Defendant sought to adjust status , USCIS denied the benefit and ordered her to leave the US. This application contained my signed I-864 . On the break off our marriage, I withdrew the I-864 by duly notifying USCIS . I-864 only takes effect if applicant is granted permanent residence. Defendant was denied , I-864 cancelled and no sponsorship obligations exist.

 

[Family 3,988]

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.

[Chancy 6,241]

*** Moved from IR1/CR1 Process & Procedures to Effects of Major Family Changes on Immigration Benefits, where similar topics are discussed ***