My friend is a US citizen and married an eygptian woman in Egypt then brought her to the States. This was 12 years ago. To get her a green card he signed the affidavit of support. She brought her daughter (his step daughter) so I assume he also signed an affidavit of support for her as well. During the marriage they also had a child, born here in the States. Now they have been physically separated since 2010, no chance of reconciliation and both want to be divorced. A marriage never took place here, but I assume because he got her a green card through sponsorship, they must have recognized their egyptain marriage certificate, and are thus legally married in the States?
He tried getting divorced while on a trip to Egypt, but as she was not present with him, it was not possible. So, does my friend file for divorce in his state of residence? She actually lives in California and has so for the last 10 months. The step daughter is 18, is he only responsible for child support for their 9 year old son? Also, because his wife is a green card holder and has never held a job here in the States (works from home now with some income as self employed) will he be required to pay money to her based on the sponsorship responsibilities AND get alimony? I read you can not double-dip. In Ohio spousal support is not mandatory, but I know she will be asking for some fixed amount. I don't believe she is even aware of the affidavit of support thing. He's going to try and push her to get her citizenship based on naturalization. He has signed up with legal.zoom to do the paperwork, but I am wondering if this is all too complicated and he should seek an attorney?
All of this is complicated and he should consult with an attorney who is familiar with immigration law and family law in his state of residence. The ability to naturalize for the wife may depend on whether she is still married to a U.S. citizen, based on how many years she has had permanent residence.
The answer provided does not create an attorney-client relationship and is only based on the information submitted in the question. If other information were submitted, it could result in a different answer. Consult with an experienced immigration law attorney for legal advice.
I agree with Mr. Greene.
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.
By following the procedures for a divorce where than citizen lives.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
He should file for divorce in the state where he lives.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
Your friend needs to speak with an attorney immediately since all these questions are complicated and are very fact-specific. Also, you must remember that the affidavit of support is controlled by federal law and spousal support (alimony) is state law. There was a very recent court case that dealt specifically with that issue.
This information is intended as general information only. This communication does not establish an attorney-client relationship between me and the asker.
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