Husband and Sponsor of Immigrant (via K1) wants a divorce after two months. Does he pay wife's legal expenses?

[bolero_pa 34]

A friend of my wife has informed us that after 2 months her husband is filing for divorce. Due to the Affidavit of Support, which is part of the K1, isn't the husband responsible for all her legal fees?

I'm asking for the friend. My advice was that 'yes' she should hire an attorney, and she shouldn't be worried about being strapped with what would be financially crippling bills if later, she moves back to her home country where salaries are so much lower. My concern was that she might not hire an attorney, due to financial concerns, and then get crushed in the divorce proceedings. 

Thanks!

[SalishSea 17,801]

17 minutes ago, bolero_pa said:

A friend of my wife has informed us that after 2 months her husband is filing for divorce. Due to the Affidavit of Support, which is part of the K1, isn't the husband responsible for all her legal fees?

I'm asking for the friend. My advice was that 'yes' she should hire an attorney, and she shouldn't be worried about being strapped with what would be financially crippling bills if later, she moves back to her home country where salaries are so much lower. My concern was that she might not hire an attorney, due to financial concerns, and then get crushed in the divorce proceedings. 

Thanks!

No, there is no such requirement.   The I-864 he signed is a contract with the United States government to repay them for any means-tested benefits she obtains.

 

 

[Boiler 45,442]

I assume the I 134 given the timeline 

 

That is meaningless

 

I assume she has not adjusted 

[bolero_pa 34]

14 minutes ago, SalishSea said:

No, there is no such requirement.   The I-864 he signed is a contract with the United States government to repay them for any means-tested benefits she obtains.

 

 

Sorry. I don't understand. He will have to pay for her attorney, or he will not? If no, then she should just struggle one her own through the divorce? Thanks!

[Boiler 45,442]

3 minutes ago, bolero_pa said:

Sorry. I don't understand. He will have to pay for her attorney, or he will not? If no, then she should just struggle one her own through the divorce? Thanks!

Will she not be going home?

 

Alimony for a 2 month marriage?

[OldUser 6,603]

36 minutes ago, bolero_pa said:

Sorry. I don't understand. He will have to pay for her attorney, or he will not? If no, then she should just struggle one her own through the divorce? Thanks!

Yes, she should either pay expenses for legal fees and / or head back to country of prior residence. What's holding her in the US after only 2 months of marriage? Does she have other family here?

Does she have any legal path to stay in the US with marriage collapsing?

 

US citizen has all the power over immigrant when AOS is pending.

Edited September 9 by OldUser

[belinda63 3,038]

They have only been married 2 months. The I-134 which is what is file for the K-1 is meaningless, it just shows the sponsor can support the intending immigrant.

The I-864 is irrelevant as their is (or will not be) and adjustment of status because of the divorce. Even so the I-864 is between the sponsor and the US government. 

She should just pack her bags and go back home.

[Boiler 45,442]

I have seen I 864s enforced in Divorce proceedings but no I 864 here.

[SalishSea 17,801]

2 hours ago, bolero_pa said:

Sorry. I don't understand. He will have to pay for her attorney, or he will not? If no, then she should just struggle one her own through the divorce? Thanks!

Whether he is required to pay for her attorney is not related whatsoever to immigration.   
 

It may be ordered by the court overseeing the divorce, yes.   But again, not related to immigration.

 

And I agree that she should just cut her losses and go home.   She has no path to a green card other than via that marriage.

Edited September 9 by SalishSea

[Crazy Cat 41,806]

2 hours ago, bolero_pa said:

Sorry. I don't understand. He will have to pay for her attorney, or he will not? If no, then she should just struggle one her own through the divorce? Thanks!

He may NOT have to pay her legal fees, and she should NOT struggle through a divorce without an attorney.  Doing so, would not be a wise thing to do.  Her legal pathways to remain in the US are extremely limited.

Edited September 9 by Crazy Cat

[Boiler 45,442]

She entered with a 90 day stay

 

She married

 

2 months later she is getting divorce.

 

So the longest she could have been here is 5 months, probably less.

 

Assuming she is not pregnant this seems a simple divorce, something that can be done remotely. What is there to discuss?

[Timona 4,207]

Let hubby pay divorce as friend returns to PH.

[J.M. 230]

I'm not sure how she could "get crushed" in the divorce proceedings.  I assume by that you mean financially.  Presumably she is not wealthy, since attorney fees are a concern, and likely not even working here yet.  Needing an attorney or not depends on if the divorce will be contested (by either party) or an agreed settlement.  I would think an agreed settlement would be super easy to reach with just a 2-month marriage.

 

For me personally, I would pay for the agreed-settlement divorce, fly her back home, and give her enough cash to get her life going again.  That's assuming divorce is because of incompatibility, not if she did something egregious.

[Boiler 45,442]

I assume the crushing debt was a speculative comment, given her status how could she have acquired any?

[top_secret 2,402]

Judges certainly have been known to order the more monied spouse to pay the legal expenses of the less monied spouse. But that is a divorce court issue not an immigration issue.  If one spouse was literally going to be put out with no immediate means of support even being possible I imagine a judge would probably order that too for at least the immediate short term.  Assuming the guy has any common sense he definitely should shoulder whatever costs and living expenses are involved along with repatriation until she gets resettled.  Beyond that it doesn't seem like either of them has much to loose or gain from having lawyers involved.  If it's California(?) it's just a summary dissolution which is pretty straightforward DIY.