This is the exact situation I'm in right now. I just went through a divorce, and the court didn't award me the specific support amount I requested based on the I-864. Yes, I received 50% of the marital house, but I have no income. I'm exploring the possibility of suing him for breach of contract.
question for you sir, if the beneficiary divorces and later on is remarried, will the beneficiary be considered a household member of the new spouse? Therefore being claimed for tax purposes and new spouses income considered as a whole for the household?
Good question. That's not entirely clear, but there is strong case law to support the idea that the household remains one-person. Put differently, the sponsored immigrant (if unemployed) is still entitled to support even if they remarry. The Erler case out of California says that a sponsored immigrant is still entitled to support even if she lives with her employed adult son. ~Greg
After divorce alimony payments have stoped and the immigrant is working full time, what is the legal responsibility of the sponsor until the 10 year work time is completed?
@@Wes13e regardless of any of that, the duty is always to ensure that the sponsored immigrant’s income is at least 125 percent of the poverty line. If they are employed full time, that normally means the sponsor is off the hook. -Greg
If my daughter and I are both green card holders and I’m not working, can the court order our sponsor to pay me 125% monthly of the poverty line for 2 person household in a divorce indefinitely?
This is the exact situation I'm in right now. I just went through a divorce, and the court didn't award me the specific support amount I requested based on the I-864. Yes, I received 50% of the marital house, but I have no income. I'm exploring the possibility of suing him for breach of contract.
Sounds like a familiar situation. Give me a call if you want to talk. 855-809-5115. ~Greg
Thank you. I will give you a call shortly.@@Soundimmigrationlaw
I have a question and a case if You can help
question for you sir, if the beneficiary divorces and later on is remarried, will the beneficiary be considered a household member of the new spouse? Therefore being claimed for tax purposes and new spouses income considered as a whole for the household?
Good question. That's not entirely clear, but there is strong case law to support the idea that the household remains one-person. Put differently, the sponsored immigrant (if unemployed) is still entitled to support even if they remarry. The Erler case out of California says that a sponsored immigrant is still entitled to support even if she lives with her employed adult son.
~Greg
After divorce alimony payments have stoped and the immigrant is working full time, what is the legal responsibility of the sponsor until the 10 year work time is completed?
@@Wes13e regardless of any of that, the duty is always to ensure that the sponsored immigrant’s income is at least 125 percent of the poverty line. If they are employed full time, that normally means the sponsor is off the hook.
-Greg
Please I would like a email if possible to talk about my case
If my daughter and I are both green card holders and I’m not working, can the court order our sponsor to pay me 125% monthly of the poverty line for 2 person household in a divorce indefinitely?
Probably yes. Under the Erler decision you would have a two person household.