Legal Question in Immigration Law in California

Hi,

My question is for an immigration lawyer. Eleven years ago, my ex petitioned me for a fiance visa

and we got married in the US. He completed all the necessary documents to be able to keep me here in the US legally. However, during that time, I had a baby in Asia and he petitioned us both to come to the USA> When we got here, he made me sign a document

that protect himself from paying child support. We were living together, but I signed a stipulated court document that I pay him child support every month. He told me he wont collect so I signed it because I trusted him. WE split up and he never made a child support payments because of that court order .

Now we are sorting out our child custody issue and all that. He wanted child support orders that was not collected for years just to get back at me. FOR THE IMMIGRATION lawyers out there,

my question is , the AFFIDAVIT OF SUPPORT , by law, he was obligated to support me and my son for our entire stay here in the US. And not me support him. I did not have car, job or money to pay him when I signed a de facto child support document.

We have been divorced however, I have not remarried and our child support and visitation is pending court hearing.

HE WHO FILED AN AFFIDAVIT OF SUPPORT FOR ME AND MY SON TO COME TO THE US -

yet short cut the court system when we got here - he also did not pay spousal support when we divorce - is the Affidavit of Support still valid?

Thanks for the replies or clarification.

LAW


Asked on 6/17/11, 12:26 pm

1 Answer from Attorneys
Dianne Brooks The Mandel Law Firm

Here is the problem: divorce law and immigration law are entirely separate. You were married, you divorced. The judge in your divorce should have looked at your separation agreement, looked at each of your assets and determined who should have custody, and who should then pay child support. If your husband has full time, physical custody of your child, then you are obligated to pay child support.

The affidavit of support that your husband signed when he petitioned for you was only meant to assure immigration authorities that you would not become a public charge. What this means is that if you were to apply for welfare or other publicly funded benefits, the government could ask your husband for reimbursement.

Basically, an affidavit of support would not seem to have any relevance in determining child support obligations in divorce court.

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Answered on 6/17/11, 12:40 pm


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