Will receiving alimony affect my 485 outcome?

I

isakimuthu

Registered Users (C)
My marriage fell apart with my husband and no reconciliiation is possible. Divorce is pending at the court. I m a dependant and he is primary. If I get alimony from him will that affect the outcome of my 485 petition? I can drag the divorce proceedings by asking more money as alimony thereby seeing if my green card can get approved because I desperately need it. But if the court asks my husband to at least pay some part as alimony will that affect my 485? Why am asking is somebody mentioned that if we are jobless and seek social security benefits then that would cause problem. Similarly will alimony cause a problem?
 
This whole thing will affect your GC

when you get the I-485 approved, what are you going to tell the INS? Divorce will defenitly affect your GC.
 
Check in India abroad

There are some voluntary organizations ( based in NewJersey) to help out spouses who fall apart after making to US.

They can provide you better suggestions to handle the issue.

They are purely to help and good.

Check with India Abroad, they might know about this.

Also check with a good Attorney.

Any suggestion from this board will be good, but they are not attorneys to look as this kind of complications.

Good Luck
 
jaxen

Originally posted by jaxen
Alimony will not cause any problem,divorce might.
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It negates the Affidavit of Support and thereby shows that the wife does not have the required financial resources to support herself or to be guaranteed of sponsorship by her husband. So, I am not sure if receiving alimony will not cause any problem. Also, when the spouses are on a divorce, the relationship as husband and wife is broken, even though the marriage exists on paper. Now, for immigration, one of the things they check is to see if the marriage exists in reality as well -- not just in paper. So, I am not sure.:confused:
 
IT WILL AFFECT

if you see many cases ask for marriage certificate and stuff like that. so it will that is my take on it
 
Originally posted by SydneyRacquelle
I think both of you have to go for your stamping together, but I'm not sure.
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If she is divorced at the time of approval, no GC for the spouse. I fail to understand why folks are so concerned about alimony.

USCIS couldn't care less about alimony. That's a civil contract between two private parties. However, If the dependent is divorced from the primary applicant at the time of approval then she gets no Green Card.
 
What about if they are separated?? How would they know?? The 2 of them could go in there and hold hands and get stamped. They don't interview at the stamping!
 
Originally posted by SydneyRacquelle
What about if they are separated?? How would they know?? The 2 of them could go in there and hold hands and get stamped. They don't interview at the stamping!
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If they are separated, but not divorced, then legally they are still married and she is eligible for the GC.

However, if they divorce has gone through and they go and get stamped, and USCIS *ever* finds out about it, the GC can be revoked. If they are naturalized, citizenship can also be revoked. If the husband engages in this fraud with his ex-wife, same for him. The odds are low, but how would you like to be deported to your home country after living here for 25 years?

This is really a case where the divorce should not go through until after the GC is approved. BTW, divorce does not negate the affadavit of support.
 
isakimuthu,

What is your husband's stand? If he inform INS that you are about to get a divorce and living separtate it will affect your GC.
 
Originally posted by plasticcard
If he inform INS that you are about to get a divorce and living separtate it will affect your GC.
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INS will know that information because a different address for both spouses would send an alarm automatically. INS will catch the folks only if it suspects that there is a fraud in the marriage. Until then, when the marriage exists even on paper, a GC petition cannot be rejected. INS has specific guidelines to brood deeper into those issues.
 
If they decide it is fraud marriage then even primary will have problem. Both of them may need to inform proceedings of the case so that CIS should not see the marriage in the light of suspicions.
 
I am amazed

At the kind and volume of response such issues generate (mine included)! Just kidding...

I would like to think that AOS will be denied based on the fact that the marriage did not sustain. Alimony is not publicly funded and therefore, certainly, it should not have any effect. However, for a dependent beneficiary, the greater risk is to prove that one does not become a public charge...
 
If INS is informed....

...then it will immediately launch verification by the inquiry and adjudications unit. If there is any criminal offense behind the separation, both the primary and dependent are in soup. If, simply the marriage broke and INS is convinced of a fraud in the marriage, again both of them are in soup. If, on verification, INS is convinced that the marriage genuinely broke-up, it will issue a NTD to the secondary. Else, it can still keep the matter in abeyance, pending final issuance of a divorce decree by the court, when it can peremptorily deny the I-485. I think, this is what INS does from a very pragmatic point of view that would avoid other judicial scrutiny of the service.It can reject citing the technical reason behind a marriage -- a conjugal relationship between the spouses as man and wife is no more valid. Doing so, it will attract scrutiny upon itself by BIA and Circuit Courts. That is a problem. It can approve, but, an inter-departmental inquiry into the issue (such as an audit) will put the officer who adjudicated such a case in soup. So, from a rational standpoint, as well as from a pragmatic standpoint to avoid any kind of scrutiny in future, INS will try to glide between Scylla and Charybdis. And that means, put the matter in abeyance and drag the issue until the divorce is finalized at which time the petition can be denied safely and conveniently.
 
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