NJSBA Family Law Section

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  • 1.  Immigration Issue

    Posted 04-19-2016 03:16 PM

    A marriage is performed in another country between a bride who is a citizen of that country and a groom who is an U.S. citizen.  The woman comes to the U.S. after a period of time but the parties have never lived together.

    The woman is being supported by relatives but makes a pendent lite motion for support so that she can move out.  She has not worked since she moved to the U.S.

    Has anyone had a divorce case where they have successfully argued that the amount the sponsoring spouse is required  to pay pendent lite is less than  125% of the Federal Poverty Guidelines required by the Affidavit of Sponsorship ( 125% of the Federal Poverty  Guidelines)?

     

    Thank you.

     

    Debra F. Schneider Esq.

    201-445-8381

    [email protected]



  • 2.  RE: Immigration Issue

    Posted 04-19-2016 04:14 PM

    Debra,

    I'm confused. If they never lived as H & W isn't the marriage a sham just to get the wife her permanent residency? Couldn't it be annulled? Why does he have to pay anything?

    John L. Weichsel

    Member of N.J. and N.Y. Bar

    79 Main St.

    Hackensack, NJ 07601

    201 488 1400 (T)

    201 488 3970 (F)

    [email protected]

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  • 3.  RE: Immigration Issue

    Posted 04-19-2016 05:49 PM

    Assuming that USCIS has approved her immigration on a spousal petition, then there is a support affidavit he would have signed agreeing to provide support for her for 10 years (after date of entry, I believe).  He is the party seeking to defraud the government for bringing her here on a spousal or fiancee visa - not her - why should she be punished?  The marriage may be voidable, but his obligation to her under the immigration affidavit, I argue is solid.


    =============================

    PLEASE NOTE MY NEW EMAIL ADDRESS: [email protected]

    =============================
    Debra E. Guston, Esq., C.A.E.
    Guston & Guston, L.L.P.
    55 Harristown Road, Suite 106
    Glen Rock NJ 07452
    (201) 447-6660
    Fax (201) 447-3831


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  • 4.  RE: Immigration Issue

    Posted 04-19-2016 05:39 PM

    Trying to piece together the facts. The Wife moved to the US but they never lived together and now her family/friends are financing an effort for the Wife "to move out". Can't figure out where she is in order to "move out" and to what location is she moving? There is nothing in your question that suggests why they never lived together or why he married her in the first place. I recently sought and received an annulment based on similar (not exact) facts where a marriage took place abroad but the foreign spouse never moved here and  it was never "consummated". When I filed the Complaint and effected service, of course he tried to come to the US but – for him – it was too late.  

     

    Please make a note that my telephone and fax numbers have changed as indicated below.

     

    W. S. Gerald Skey, Esq.

    Law Offices of W. S. Gerald Skey, Esq.

    Princeton Commerce Center, Suite G-60

    29 Emmons Drive

    Princeton, New Jersey 08540

    Phone (609) 436-5222

    Fax (609) 228-5242

    www.skeylaw.com

     

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