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

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.

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Answered on 12/14/09, 8:37 am

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