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Being sued in federal court over I 864 affidavit of support

Dallas, TX |
Filed under: Immigration Family law

My immigrant spouse and I a divorceing and she says unless I give her spousal support now in state settlement she will sue me in federal court. I am wondering I think this is total blackmail for a settlement from me, we have only been married one year and I am pretty sure I was used for a green card. Anyways, I am wondering how long would this suit acctually take to come to trial? I mean she will not get much in state court here in Texas there are little to no joint assets and the car she is driving is mine ( I bought it a year before we even met) so i think in state court the car will come back to me, it is the on car registered in my name in the state. I think federal lawsuits are not easy to bring to actual trial and the can take years before anything is done can anybody offer aad

Attorney Answers 3


  1. This is becoming a problem more-and-more ... meet with an attorney immediately.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  2. I hate to say it, but I agree with my colleague.

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.


  3. Divorce cases in Dallas are starting to move more quickly, which just means that you can get a final trial in typically 6 - 9 months, barring extensive discovery and if you push for it.

    Sit down with an attorney and discuss the situation. You may likely see allegations of family violence next, as that is one way divorcing spouses that are immigrants can maintain their status in the US. Should this occur, DO NOT SIT BY IDLY. Fight it and fight it hard. Findings of family violence can mess up your life - yes, that is legal talk. But really, it sticks with you and labels you.

    If you can come to an agreement on the support, it might be cheaper (before lawyers get involved) to enter into an Agreed Decree of Divorce.

    Try sitting down with a lawyer and letting them review the situation. Many offer free initial consultations.

    This answer is intended for informational and educational purposes only and should not be considered legal advice nor forming the attorney client relationship. This attorney is licensed in Texas.

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