www.CharlesJeromeWare.com. "Here to make a difference."
Charles Jerome Ware, Attorneys & Counselors, LLC is a premier Maryland-based nationally-respected and highly-regarded litigation law firm, with a universally recognized successful family law and divorce practice. Additionally, attorney Charles Ware once served as the youngest in history U.S. Immigration Judge ("IJ"). For an initial courtesy consultation, contact us immediately at (410) 730-5016 or (410) 720-6129, or email us at charlesjeromeware@msn.com. We can help you.
Moving through the divorce process involving a foreign spouse can be confusing, frustrating, and stressful. It includes the common details of any divorce, but also an added section of issues and complexities that can seriously affect the lives of both parties involved. Unfortunately, many international marriages that end in divorce do so aggressively and with a complete dissolution of any relationship. Whether the decision was made in unison or by a single spouse, there is a possibility that frustration and anger will cause harsh, sometimes malicious decisions to be made. If you find yourself in an aggressive divorce with a foreign spouse, you should prepare to defend yourself from the worst.
To begin with, you should meet with both a divorce lawyer and an immigration lawyer [Attorney Charles Ware is a former IJ]. This will provide you with a clear idea of what is really happening, explained in words you can understand. Plus, your lawyers will be focused on their area of expertise instead of trying to review and compile every aspect of your case. Some basic defenses to keep in mind will help you to build your overall plan, according to your foreign spouse's actions. You will obviously adjust your approach as your spouse's intentions become clear, but there are some basic issues that commonly arise within a divorce between a U.S. citizen and an immigrant. Understanding and defending yourself against the affidavit of support is important when dealing with an aggressive foreign divorce. The document itself is actually quite confusing. Much of its ten pages involve instructions on filling out and filing the form and not the actual promise it guarantees. The writing style and word-choice, down to the lack of the word "contract," seems to be intentional hard to understand. This can work to your advantage. If you think you understand something and move forward, should you be blamed if you were misled? Absolutely not. Even the actual payments and actions you will need to take are a bit vague. The affidavit of support states that the sponsor should be responsible for any "means-tested public benefits" given to the immigrant from any agencies. Therefore, the amount the sponsor is actually liable for is completely unclear. The affidavit can only be terminated under very specific circumstances and could remain intact for an undetermined amount of years. Since this is true, a sponsor could be responsible for massive medical expenses for someone who he doesn't even see anymore. Beyond the fact that the document itself is confusing, it should be acknowledged that you entered the affidavit of support as a gift to your spouse. When you think about it, the sponsor technically receives nothing. You basically acknowledged that you will provide for this person out of your own pocket and will take responsibility for their residence in the United States. In a marriage situation, the signing of the affidavit of support is a sign of love. In a divorce with a foreign spouse, this sign of love can be quickly, and easily, turned into a contractual obligation that you may have never been aware of. It can pull at the selfishness of people who are already in a frustrating and often infuriating situation, sometimes moving them to press on the technicalities of the affidavit for the sake of money. Another way to defend yourself is to point out the uneven nature of the deal between you, a single U.S. citizen, and the U.S. government. If you are in love with a woman who happens to live in another country, the government is essentially forcing you to sign the affidavit of support in order to maintain your happiness and lifestyle with her in America. The idea of choice is very limited here, so it doesn't make sense that a U.S. citizen should be locked into liability for the immigrant for an undetermined amount of time. Finally, if you can prove that your foreign spouse was fraudulently entering the marriage with the sole purpose of acquiring U.S. residency, you will be able to utilize that fact throughout the divorce process. The existence of fraud from your foreign spouse will give you an advantage in most situations that arise during the divorce process.
[And see, http://international-divorce.vipdivorce.com; http://www.1st-divorce.com/divorce/foreign-divorce.html]
No comments:
Post a Comment