Legal Question in Family Law in California

Re: sister taken for everything she had by foreigner seeking green card

She should see a bankruptcy attorney.

Gary Moore

Re: sister taken for everything she had by foreigner seeking green card

She needs to consult a bankruptcy attorney, a family law attorney and an immigration attorney. I'm only 2 of 3. The bankruptcy attorney (not me) can analyze what debts can be "discharged," how that will impact her long term, etc. For family law, there are decisions to be made about annulment versus dissolution. There are breach of fiduciary duty issues that may mean as between she and him, she can avoid responsibility and he may be on the hook, but the family law court can't change the creditors rights, only the spouses, so that's just between them and he appears to be penniless so any such court award is likely hollow. On immigration, I assume he has a "conditional" green card, but may already have removed the "conditions." That means as long as he doesn't run afowl of immigration laws, he can stay in the US as long as he want. As a part of that green card process, your sister would have signed an "Affidavit of Support," that gives her an obligation to cover him for any receipt of government benefits until her is fully vested for Social Security (40 quarters work) or naturalizes, so there's some serious strategy issues presented by the question you propose.