Legal Question in Immigration Law in Florida

I am a new LPR and have been in the States 2 months. Sadly my wife has had a secret relationship while I was waiting to come over and wants us to divorce asap. I have yet to find a job and my own savings are about to run out. She wants to kick me out the house to live with her new man. My question concerns the affidavit of support she signed as part of the immigration process to bring me over; I wanted a copy for the divorce proceeedings as well as in case I become a public charge but my wife wont give her lawyer permission to give me a copy. In real terms, do I actually need a copy? If so, where else can I request it? If the worst comes to the worst and I am left homeless or need to apply for welfare before I get a job and can look after myself, does anyone need to see this i-134? How does the AoS acually work in practical terms to help me?


Asked on 12/27/09, 11:05 am

2 Answers from Attorneys

Luba Smal Smal Immigration Law Office

Your worst problem is a possibility of your losing your LPR status, which you didn't mention here.

If your green card is valid for 10 years, you may not have this problem. However, if your green card is valid for 2 years, then you will need to apply to remove conditions in 2 years.

Coming to a USA, staying with a US citizen petitioner wife for 2 months, and then immediately separating and starting divorce proceedings -- all these can lead the USCIS to believe that it wasn't not a real bona fide marriage.

As to the affidavit of support, if was a 'contract' not between you and your wife, but between your wife and federal government, which she signed in order for you to come to USA as a permanent resident. Yes, her lawyer is 'her' lawyer, and doesn't have to give you copies of the legal documents from your wief's file.

No, affidavit of support is not intended to help you to apply for public benefits. Its purpose is to protect the government and assist government in reimbursement of the funds spent.

You may need to consult a lawyer regargint these and other possible issues.

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and assist in matters of U.S. immigration law to clients from all States, as this is the matter of U.S. federal law.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice. This response doesn�t create an attorney-client relationship. If you request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 1/01/10, 12:52 pm
Michael Harris Law Offices of Kravitz and Guerra, P.A.

It's unfortunate that you are having this problem. The issues surrounding the legal obligations created by Affidavits of Support signed for Immigration purposes are far more serious than the previous attorney writes. In fact, courts have started to view the I-864 as a legally binding contract which may be used in family court to uphold support obligations. The I-134, which you have mentioned, may not be legally enforceable.

You could file a FOIA Form G-639 with USCIS to request a copy of the forms filed in your case. This can be done online here:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=6f2a4154d7b3d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Otherwise, last year an article was written in the Florida Bar Journal about the legal obligations created by Form I-864, called, "Immigration Form I-864 (Affidavit of Support) and Efforts to Collect Damages as Support Obligations Against Divorced Spouses � What Practitioners Need to Know." It's no longer available online, but you may find it if you Google it.

If you need to have a consultation on Immigration Law or would like a referral to a qualified Florida Family Law attorney, please let me know. You're welcome to visit my office in Miami, FL.

Sincerely,

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Answered on 1/04/10, 9:18 am


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