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Immigration and Divorce Issue

Tampa, FL |

I have a friend who married a woman from Spain. Although he entered into the marriage with the best of intentions, it is obvious she was only trying to get her papers. She has not received her temporary card yet, and he has revoked his sponsorship and filed for divorce. She is now avoiding service and attempting to find alternate ways to stay in the counrty. She has also told him she is contesting the divorce and asking for the house in which they bought while married; however, she has not paid any money towards. Is there a wat that he can still be on the hook for her sponsorship, and does she have a claim to the house?

Thank you!

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Attorney answers 2


If your friend officially revoked his sponsorship by notifying the U.S. Immigration Service (USCIS), he will no longer be held responsible for the green card petition that was submitted. His wife may have a claim to the home depending on how long they were married and the laws of the state where the marriage happened. Your friend should consult with a divorce lawyer since it is a contested divorce.


The other responsibilities: 1) the husband has incurred a legal and binding obligation to the government due to his having signed the I-864 Affidavit of support contract with the government. He guaranteed the government that she would not become a public charge or take welfare benefits, and if so, he has to reimburse the government or the state, dollar for dollar.
2) Also, the I-864 can be used by the wife as a third party beneficiary entitling her to get support from him in excess of that required under the state divorce law. This man needs a divorce lawyer and an immigration lawyer.

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