I-864 Defense and Divorce
In the case of a divorce involving a United States citizen (USC) and lawful permanent resident (LPR) spouse , it is essential to understand the differences between alimony and I-864 support. Here is a breakdown of their differences:
Alimony:
1. Purpose: Alimony is a financial support obligation that one spouse may be required to pay to the other following a divorce. It is designed to assist the lower-earning or non-working spouse in maintaining a similar standard of living to what they had during the marriage.
2. Legal Basis: The specifics of alimony vary by jurisdiction, as laws governing divorce and spousal support are state-specific in the U.S. Factors such as the length of the marriage, the couple’s financial situation, and the needs of the receiving spouse are typically considered in determining alimony.
3. Duration: Alimony can be awarded for a specific period (temporary) or indefinitely (permanent) based on the circumstances of the divorce and the laws of the state.
I-864 Support (Affidavit of Support):
Purpose: The I-864 is an immigration form used in the U.S. It is a legally binding contract that an individual (often a sponsor) submits to demonstrate financial support for an immigrant who is applying for a visa or green card. It ensures that the immigrant will not become dependent on government resources.
Legal Basis: The I-864 is governed by federal immigration law rather than state law. The sponsor agrees to support the immigrant at an income level above the federal poverty line.
Duration: The obligation under the I-864 continues until the immigrant becomes a U.S. citizen, can be credited with 40 quarters of work (about 10 years), or dies. In some cases, this obligation may continue even after divorce.
Key Differences:
Nature and Purpose: Alimony is typically financial support related to marriage dissolution, while the I-864 supports immigration and ensures that an immigrant will not rely on public assistance.
Obligations: Alimony obligations can end with divorce and may be influenced by state law; I-864 obligations are federal, lasting longer than the marriage in many cases, and typically do not terminate with divorce.
Key Considerations:
Prenuptial Agreements: The prenup can limit or eliminate any alimony requirement pursuant to state law. The prenup does not cancel out the obligation of support based on the I-864 Affidavit of Suppport. However, the prenup will cap the amount owed based on the I-864. When an American citizen with income and assets that exceed any potential liability under the I-864, a prenup is suggested. An American citizen may want to have a prenup to proptect any future earnings or assets received such as inheritance during the marriage.
A prenup may be more than a financial agreement. A prenup may be a contract where the immigrant spouse agrees to terms other than financial. As an example; the immigrant agrees to go to school to learn English, apply for naturalization when qualified, find and maintain employment…. in return the American citizen spouse agrees to terms. In the event the contract is breached and the immigrant seeks immigration alimony, the USC may have recourse in breach of contract and be entitled to be reimburded for any support. The possibilities are endless. Each situation requires an individual analysis.
Offset : Any income and some assets that the LPR receives is subracted from the USC’s support obligation. What is considered income is broadly determined. A good general princial is any income, money, support, that the LPR receives and s/he is not requred to pay it back is income. Assets are assets that are liquid. Mnay people think that income is only what is claimed on a persons taxes This is incorrect in considering support based on the I-864.
Discovery: Discovery is the process in a divorce or any lawsuit where one party provides relevant information and supporting documents to the other party upon request. Many palintiff’s are under the impression that they can demand support from a USC and have no obligation to prove anything. At Mulder Law, through the process of discovery I require a plaitiff to prove every dime that she thinks my client owes her.
The amount of alimony that may be awarded is based primarily on three factors supported by evidence presented:
1. The length of the marriage,
2. The standard of living established for the plaintiff by the defendant during the marriage
3. The income and assets of the plaintiff and the defendant.
In contrast to alimony, The amount of I-864 support is strictly established by statute regardless of the defendant’s income or assets. HOWEVER, “immigration alimony” is offset by any income or assets that the plaintiff has or earns. Income is liberally determined and case law states that the plaintiff is not entitled to a windfall. The maximum income that the plaintiff is entitled to in the form of “immigration alimony” is 125% of the federal poverty guideline. It is generally impossible to live off of this amount of money. The plaintiff is likely getting support that can be considered income from somewhere. The defendant is entitled to an offset of that income.
At Mulder Law the majority of cases involve a plaintiff that is outright lieing and cheating to attempt to collect from a number of sourses or a plaintiff who honsetly believes s/he is entitled but s/he is not.
Mulder Law has been 100% successful in defending American citizens sued for “immigration alimony.” This does not mean that we will be successful in defending you. My record demonstrates my knowledge of your rights.
Do I Need an Immigration Attorney?
It all begins with an idea.
IWhile it's not mandatory to hire an immigration lawyer, it's highly recommended, especially if you're dealing with complex or high-stakes immigration matters. Here are some reasons why:
Complexity of the process: Immigration laws and regulations can be intricate and ever-changing. An experienced immigration lawyer can help navigate the complexities and ensure you comply with all requirements.
Consequences of errors: Even small mistakes on your application can lead to delays, denials, or even deportation. An attorney can review will identify potential issues and correct them before submission.
Time-sensitive deadlines: Immigration applications often have strict deadlines, and missing a deadline can result in significant consequences. An attorney can ensure you meet deadlines and submit your application on time.
Increased chances of approval: An experienced immigration lawyer knows how to prepare a strong application, gather necessary evidence, and present your case in the best possible light, which can significantly increase your chances of approval.
Reduced stress and anxiety: Dealing with the immigration process can be emotionally taxing. An attorney can handle the legal aspects, freeing up your time and reducing your stress levels.
Representation in complex cases: If you're facing removal proceedings, appeals, or other complex immigration matters, an attorney can provide critical representation and advocacy to protect your rights.
Knowledge of country-specific requirements: If you're seeking citizenship or residency in a specific country, an attorney familiar with that country's immigration laws and regulations can ensure you meet the necessary requirements.
When deciding whether to hire an immigration lawyer, consider the following scenarios:
If you're applying for a relatively straightforward immigration benefit, such as a tourist visa or green card, you might not need an attorney.
If you're facing a complex case, such as a visa denial, deportation, or asylum claim, it's highly recommended to hire an attorney.
If you're unsure about the process or have questions about your specific situation, it's always a good idea to consult with an immigration lawyer.
Blog Post Title Two
It all begins with an idea.
It all begins with an idea. Maybe you want to launch a business. Maybe you want to turn a hobby into something more. Or maybe you have a creative project to share with the world. Whatever it is, the way you tell your story online can make all the difference.
Don’t worry about sounding professional. Sound like you. There are over 1.5 billion websites out there, but your story is what’s going to separate this one from the rest. If you read the words back and don’t hear your own voice in your head, that’s a good sign you still have more work to do.
Be clear, be confident and don’t overthink it. The beauty of your story is that it’s going to continue to evolve and your site can evolve with it. Your goal should be to make it feel right for right now. Later will take care of itself. It always does.
Blog Post Title Three
It all begins with an idea.
It all begins with an idea. Maybe you want to launch a business. Maybe you want to turn a hobby into something more. Or maybe you have a creative project to share with the world. Whatever it is, the way you tell your story online can make all the difference.
Don’t worry about sounding professional. Sound like you. There are over 1.5 billion websites out there, but your story is what’s going to separate this one from the rest. If you read the words back and don’t hear your own voice in your head, that’s a good sign you still have more work to do.
Be clear, be confident and don’t overthink it. The beauty of your story is that it’s going to continue to evolve and your site can evolve with it. Your goal should be to make it feel right for right now. Later will take care of itself. It always does.
Blog Post Title Four
It all begins with an idea.
It all begins with an idea. Maybe you want to launch a business. Maybe you want to turn a hobby into something more. Or maybe you have a creative project to share with the world. Whatever it is, the way you tell your story online can make all the difference.
Don’t worry about sounding professional. Sound like you. There are over 1.5 billion websites out there, but your story is what’s going to separate this one from the rest. If you read the words back and don’t hear your own voice in your head, that’s a good sign you still have more work to do.
Be clear, be confident and don’t overthink it. The beauty of your story is that it’s going to continue to evolve and your site can evolve with it. Your goal should be to make it feel right for right now. Later will take care of itself. It always does.