Affidavit of support, divorce, obligation?

M

MissTessaroo

Registered Users (C)
First time posting, although I did actually read the FAQ :)

Situation:

LPR via marriage, with "conditional" status successfully removed 2003. Married for 5 years to US citizen, but now going through divorce.

Question on obligation, re: affidavit of support.

For various reasons, I'm unemployed, and unable to get state benefits. My exhusband-to-be initially told me that he had no legal obligation even though he did sign the affidavit when we first applied and were approved (the newer form, as we were approved in 1999). Having read over the form myself very recently, my understanding is that yes, he does actually have an obligation to provide financial support until
a) I become a US citizen
b) I leave the US permanently
c) I've worked for 40 qualified quarters or
d) I'm dead.

I'm just looking for clarification - I've only accomplished 12 or so "quarters", since he was supporting me whilst we were cohabiting.

Any advice, info would be greatly appreciated.
 
You betcha, you are correct...

... in the fact that he has legal financial obligations. I'm not familiar with ND's law but he may have such obligations even if he didn't sign the affidavit.

Now, I have no idea how to go about "enforcing the affidavit" just thought I'd write some encouraging words.
 
What a splendidly quick response! Many thanks :)

We applied in Pennsylvania, and were approved there too; all I know is that social services here were quite "intrigued" when I tried to get food stamps.

The ex earns in excess of $125k/year, but is claiming poverty at the moment. Not sure how it will all pan out, but at least I KNOW now.

Many thanks, George. I'm going to stick around here for awhile, and maybe get to know some folk and find out some info while I'm doing it!
 
He is obligated but amount will be decided in the family court by judge. You can attach "affidavit of support" along with other documents to make your case.

It's not a good idea to discuss all this with soon-to-be-ex-spouse, rather let your divorce attorney handle the situation and do all the talking.

You might also want to check www.divorcenet.com. You will get a lot of information about divorce, support etc.
 
Thanks for the reply there!

I have been in communication with the soon to be ex. Initially, he wanted the "no fault" divorce thing, with a basic "he gets the house and contents, and he pays the $10k marital debt which would remain if we'd sold everything and split it 50/50 as per PA divorce law" premise. I don't relish the idea of being supported by my ex, but I have to be practical too. Needless to say, he's going to renege on the "I'll pay your half of the marital debt" part, but that's really not an issue.

Now, he's - understandably - apoplectic with rage, and will try any legal loophole he can to get out of this. Because of my precarious financial situation (read: broke), I don't actually have a divorce lawyer. Looks like I'm going to need one, eh?

I'm confused about one thing though. I've read elsewhere (on a board, written by someone claiming to be an immigration lawyer), that the affidavit of support does not imply the sponsor is obliged to actually support you, but rather, IF the sponsored party receives government aid, the government can then claim that back from the sponsor. The lawyer implied that there'd be no way a court would make him support me. His earnings are around the $125k/year mark, and my earning potential (I don't have higher education, he has a degree) is obviously much much lower, and the same lawyer implied that this wouldn't even be a factor. Yet reading elsewhere - largely on actual lawyer's websites, not message boards - it seems fairly clear that the 125% of poverty level is commonly used in assessing support and actually enforcing same.

Any gems of wisdom? Am I simply reading the affidavit wrong? Am I barking up the wrong tree here?

Many thanks, as always :)
 
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