I am divorcing my wife of 3 years. I am a US citizen, and she is from singapore. I sponsored her green card through marriage and I showed my income tax statements as proof of income for i864 (Affidavit of support). She is not working now.
She has assets like bank accounts in Singapore. I dont think she gets any other income or even interest. But the bank deposits and a house she has in singapore are her assets.
So if she sues me for support based on i864, does the court only go by her income (which is 0 now) or should the court also consider her ability to support using the assets ? I read the i864 and it says support the sponsored spouse at federal poverty level, so I am not sure if her income should be counted or her assets to know if she has the ability to support herself at the federal poverty level.
Thanks in advance
She probably has a right to temporary spousal support regardless of the i864 - which would not be limited to the federal poverty level but to California guideline support.
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