Legal Question in Immigration Law in New Jersey

My friend married a US Citizen. Married for 4 years and now getting a divorce. The US Citizen sponsored her and her son and now he is claiming bankruptcy. What affect will this have on my friend who is not yet a citizen? She cannot earn a decent living and her son is in college.

He had her sign papers for divorce (they are filing without attorneys) and he believes that now he will not have to assist in supporting her.

He has one child from a previous marriage that he is still paying support for.

Asked on 12/09/09, 8:56 am

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office
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Her husband signed the Affidavit of support (I-864) which is legally enforceable document, and his obligations under the affidavit doesn't end with divorce, or filing for bankruptcy, etc. His obligations can end, for example, if she becomes a USA citizen, or had worked for over 10 years in USA, or dies, or leaves the country permanently.

Obligatons under the affidavit of support are mainly to ensure reimbursement of the federal or state funds by the sponsor/husband if his wife applies for welfare.

Bankruptcy should not affect her chances to naturalization/becoming a USA citizen.

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 12/14/09, 8:37 am

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