Asset vs. alimony - how divorces impact I-864 lawsuits

Sound Immigration - We Enforce the I-864

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Many federal lawsuits to enforce the I-864 Affidavit of Support happen after a divorce. So federal courts often have to look at how - if at all - the I-864 recovery is impacted by the divorce. At the most basic, marital asset division does not reduce what you can recover in an I-864 enforcement lawsuit, because you are just getting your own property back. Alimony could delay your ability to sue under the I-864, or reduce what you could recover.
Do you have a claim for financial support under the Form I-864? Find out. Book a free video consultation with the Affidavit of Support Law Firm ® at soundimmigration.com
Greg McLawsen
The Affidavit of Support Lawyer®
Licensed in Washington State
Admitted to: U.S. Supreme Court | Fourth, Fifth, Sixth & Ninth Circuits
F.D.C. for District of Columbia | E.D. Texas | N.D. Texas | SD. Texas
W.D. Washington | E.D. Washington | W.D. Wisconsin
Sound Immigration (www.soundimmigration.com)
113 Cherry St. ECM# 45921 | Seattle, WA 98104-2205
greg@soundimmigration.com | 1-855-809-5115

Опубликовано:

14 окт 2024

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Комментарии : 10

@wonderblu 7 месяцев назад

This is the exact situation I'm in right now. I just went through a divorce, and the court didn't award me the specific support amount I requested based on the I-864. Yes, I received 50% of the marital house, but I have no income. I'm exploring the possibility of suing him for breach of contract.

@Soundimmigrationlaw 7 месяцев назад

Sounds like a familiar situation. Give me a call if you want to talk. 855-809-5115. ~Greg

@wonderblu 7 месяцев назад

Thank you. I will give you a call shortly.@@Soundimmigrationlaw

@pbflex Месяц назад

question for you sir, if the beneficiary divorces and later on is remarried, will the beneficiary be considered a household member of the new spouse? Therefore being claimed for tax purposes and new spouses income considered as a whole for the household?

@Soundimmigrationlaw Месяц назад

Good question. That's not entirely clear, but there is strong case law to support the idea that the household remains one-person. Put differently, the sponsored immigrant (if unemployed) is still entitled to support even if they remarry. The Erler case out of California says that a sponsored immigrant is still entitled to support even if she lives with her employed adult son. ~Greg

@Wes13e 26 дней назад

After divorce alimony payments have stoped and the immigrant is working full time, what is the legal responsibility of the sponsor until the 10 year work time is completed?

@Soundimmigrationlaw 26 дней назад

@@Wes13e regardless of any of that, the duty is always to ensure that the sponsored immigrant’s income is at least 125 percent of the poverty line. If they are employed full time, that normally means the sponsor is off the hook. -Greg

@bluejoc2057 7 месяцев назад

If my daughter and I are both green card holders and I’m not working, can the court order our sponsor to pay me 125% monthly of the poverty line for 2 person household in a divorce indefinitely?

@Soundimmigrationlaw 7 месяцев назад

Probably yes. Under the Erler decision you would have a two person household.