NJSBA Family Law Section

I represent H who met foreign-born  W online and brought her to the USA on a fiancée visa.  Two days before that visa expired, they married. After 5 months of marital bliss, he filed for divorce/annulment. Here's the problem, he signed an Affidavit of Support which survives a divorce and continue until she is self supporting or 10 years whichever occurs first. I'm familiar with Naik v Naik, 399 N.J. Super. 390,(AD 2008) which doesn't help my case.
One last point, H is permanently disabled and was on SSD when he signed the Affidavit.
 any ideas? Thank you in advance.
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Arlene Albino Esq.
Sparta NJ
(973)729-3888

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Choudry v. Choudry n/k/a Bashir, New Jersey App. Div., August 14, 2103

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Charles Abut Esq.
Hackensack NJ
(201)342-0404



Original Message:
Sent: 10-22-2013 10:17
From: Arlene Albino
Subject: Affidavit of Support

I represent H who met foreign-born  W online and brought her to the USA on a fiancée visa.  Two days before that visa expired, they married. After 5 months of marital bliss, he filed for divorce/annulment. Here's the problem, he signed an Affidavit of Support which survives a divorce and continue until she is self supporting or 10 years whichever occurs first. I'm familiar with Naik v Naik, 399 N.J. Super. 390,(AD 2008) which doesn't help my case.
One last point, H is permanently disabled and was on SSD when he signed the Affidavit.
 any ideas? Thank you in advance.
-------------------------------------------
Arlene Albino Esq.
Sparta NJ
(973)729-3888

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Francis Grather Esq.
Morristown NJ
(973)292-9222

-------------------------------------------Would annulment be a reason to forego support obligation?





Original Message:
Sent: 10-22-2013 11:37
From: Charles Abut
Subject: Affidavit of Support

 

IMMIGRATION

"As part of the immigration requirements, husband filed an affidavit of support with the United States Citizenship and Immigration Services (USCIS). The sponsorship affidavit, Form I-864EZ, included husband's promise to provide financial support for wife equaling 125% of the federal guidelines for the poverty level of income. The form stated the circumstances under which husband would be relieved of the obligation to support wife, expressly indicating that divorce was not such a circumstance."  

Choudry v. Choudry n/k/a Bashir, New Jersey App. Div., August 14, 2103

-------------------------------------------
Charles Abut Esq.
Hackensack NJ
(201)342-0404



Original Message:
Sent: 10-22-2013 10:17
From: Arlene Albino
Subject: Affidavit of Support

I represent H who met foreign-born  W online and brought her to the USA on a fiancée visa.  Two days before that visa expired, they married. After 5 months of marital bliss, he filed for divorce/annulment. Here's the problem, he signed an Affidavit of Support which survives a divorce and continue until she is self supporting or 10 years whichever occurs first. I'm familiar with Naik v Naik, 399 N.J. Super. 390,(AD 2008) which doesn't help my case.
One last point, H is permanently disabled and was on SSD when he signed the Affidavit.
 any ideas? Thank you in advance.
-------------------------------------------
Arlene Albino Esq.
Sparta NJ
(973)729-3888

-------------------------------------------

thank you to all who weighed in on this.

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Arlene Albino Esq.
Sparta NJ
(973)729-3888

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Original Message:
Sent: 10-22-2013 11:37
From: Charles Abut
Subject: Affidavit of Support

 

IMMIGRATION

"As part of the immigration requirements, husband filed an affidavit of support with the United States Citizenship and Immigration Services (USCIS). The sponsorship affidavit, Form I-864EZ, included husband's promise to provide financial support for wife equaling 125% of the federal guidelines for the poverty level of income. The form stated the circumstances under which husband would be relieved of the obligation to support wife, expressly indicating that divorce was not such a circumstance."  

Choudry v. Choudry n/k/a Bashir, New Jersey App. Div., August 14, 2103

-------------------------------------------
Charles Abut Esq.
Hackensack NJ
(201)342-0404



Original Message:
Sent: 10-22-2013 10:17
From: Arlene Albino
Subject: Affidavit of Support

I represent H who met foreign-born  W online and brought her to the USA on a fiancée visa.  Two days before that visa expired, they married. After 5 months of marital bliss, he filed for divorce/annulment. Here's the problem, he signed an Affidavit of Support which survives a divorce and continue until she is self supporting or 10 years whichever occurs first. I'm familiar with Naik v Naik, 399 N.J. Super. 390,(AD 2008) which doesn't help my case.
One last point, H is permanently disabled and was on SSD when he signed the Affidavit.
 any ideas? Thank you in advance.
-------------------------------------------
Arlene Albino Esq.
Sparta NJ
(973)729-3888

-------------------------------------------