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Being sued in federal court over I 864 affidavit of support

Dallas, TX |

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

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Attorney answers 3

Posted

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.

Asker

Posted

sir, just wondering how long would this take to actually get to federal court? A general idea would be great.

F. J. Capriotti III

F. J. Capriotti III

Posted

Federal cases can drag on for years ... unfortunately there is no 'general' guide line.

Asker

Posted

thanks...I am thinking she is trying to just scare me...i mean why drag your life out on a old relationship for years....we both have lives to live i would think ...thnak you You know it is a sad day when a immigrant spouse has more rights than someone who was a born USC

F. J. Capriotti III

F. J. Capriotti III

Posted

She doesn't have more rights than you ... you just need to learn, understand and exercise yours ... that's why you'd benefit from meeting with an attorney.

Posted

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.

Asker

Posted

You know Irene I will think I will call her bluff, there is life to live without worring about how you can screw a ex spouse for 3 or 4 years. Buy that time she will be citizen. Thank you

Irene Vaisman

Irene Vaisman

Posted

good luck to you, I really mean it. Unfortunately once you sign that affidavit of support, you have agreed to keep them above the 125% poverty guidelines.

Asker

Posted

well it would be nice for her to just let me go and live my life and she should go live hers, she has been given a gift to live here and not in Ukraine, I would think there are better ways to live than dragging a ex spouse in and out of court for the next few years, I have learned here in TX this affidavit does not carry much weight in divorce preceedings so... You know Irene it is tough to accept that you bring someone here give them a new life and they decide that they are "entitled" to take everything from you because they think it is funny and vindictive to do this...i just want to live my life and go on ...if i did this again I would say "prenup" and see how much someone loved me. I mean there are really no joint assts to fight over, she has car I bought before we married Irene I think I should get that back in divocre proceedings since it was bought before hte marriage...is this correct I mean it was bought before the marriage should that not be seprate property?

Irene Vaisman

Irene Vaisman

Posted

yes, at least here in NY it would be considered separate property. Good luck to you!

Posted

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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