Obligation of Support For Mail Order Brides and Their Children
THE EXPANDED OBLIGATION TO SUPPORT (FOREIGN SPOUSES AND THEIR CHILDREN)
Everyone knows how easy it is for people to meet and marry others who live in foreign countries these days. With the widespread use of the Internet and the enormous amount of dating services available online, the mail order bride industry has grown exponentially. As a result, there are more Americans than ever, who are bringing new spouses into our country and who are choosing to act as sponsors for the new spouses and their spouses children.
A series of recent decisions suggest that being a sponsor for a new spouse and the spouses children is a risky proposition. Consequently, the obligations that are incurred by a sponsor should be fully understood and carefully considered before you or someone you know decides to bring a new spouse to this country.
THE AFFIDAVIT OF SUPPORT
When a U.S. citizen brings a spouse from another country into our country, he or she becomes a sponsor, and has to agree to sign an affidavit of support for the spouse and his or her children. This obligation of support was created to ensure that the spouse and his or her children do not become public wards if the marriage terminates or the parties separate.
As with most forms created by the federal government, the affidavit of support is a convoluted document that is difficult to understand. The fine print of this form requires that the sponsor pledge his or her support and that the support pledged can only be terminated for one of the following five reasons: 1) the sponsors death; 2) the sponsored immigrants death; 3) the sponsored immigrant becoming a U.S. citizen; 4) the sponsored immigrant permanently departing the U.S.; or 5) the immigrant being credited with a total of 40 qualifying quarters of work (i.e., ten years).
In the event that the marriage does not work out and/or the parties separate after a short period of time, the pledged obligation of support can be quite burdensome.
Recent appellate court decisions throughout the country have held that the sponsors obligation to support a spouse and his or her children can be enforced in both federal and state courts. In addition, the state court must order a sponsor to continue to pay support after the marriage has been dissolved, and where support would or could not be ordered under the states law.
Considering Californias laws pertaining to spousal and child support, this expanded duty of support is frightening.
DURATION OF SPOUSAL SUPPORT EXPANDED
Imagine bringing your new spouse to this country hoping for a long lasting marriage, making all the arrangements for your new home and after only six months, your spouse suddenly moves out. If this happened to you, it would be wise to put aside your feelings of hurt and rejection, because you will have more serious problems - your expanded duty of support!
In California, where there is a marriage of short duration (i.e., less than ten years), the rule of thumb used by the courts is to order spousal support for one-half of the duration of the marriage. Thus, in the case of a marriage lasting only six months, the court will usually terminate spousal support after three months.
However, in the case of a sponsor who pledges the support of his or her new spouse, this obligation can last up to ten years. Ouch!
DUTY TO SUPPORT CHILDREN
What about your spouses children?
In most cases, there is no duty to support your spouses children from a prior relationship. Under California law, a person has the legal obligation to support a child only under specific circumstances, such as when a party is the biological parent of the child, a party has adopted the child, when the child was conceived during the marriage and the parties were living together, or where a party has held him or herself out in the community as the childs parent.
However, in the case of a sponsor, the duty to support exists, even if the party had not formed a relationship with the child. Again, based on the sponsors pledge to support the spouse and his or her children, the obligation can last up to ten years!
WITHDRAWAL OF THE AFFIDAVIT WILL NOT HELP!
In a couple of appellate court decisions addressing this issue, the sponsors argued that the duty to support terminated when the affidavit of support was withdrawn. To support their argument, these sponsors cited the written position of the U.S. Citizenship and Immigration Services, which states that the sponsor can retract the Affidavit of Support anytime until the adjustment of status process is complete.
Unfortunately for these sponsors, the courts of appeals have disagreed. All relevant court decisions have held that the affidavit of support is an enforceable contract and that it is binding at the moment it is signed.
THE BOTTOM LINE
Before signing an Affidavit of Support, a sponsor would be wise to remember the old proverb, marry in haste, repent in leisure. Indeed, those who bring new spouses into this country, and subsequently discover that they have made a mistake, may have to live with the unpleasant consequences for a long time.
Copyright 2006 Law Offices of Donald P. Schweitzer
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Everyone knows how easy it is for people to meet and marry others who live in foreign countries these days. With the widespread use of the Internet and the enormous amount of dating services available online, the mail order bride industry has grown exponentially. As a result, there are more Americans than ever, who are bringing new spouses into our country and who are choosing to act as sponsors for the new spouses and their spouses children.
A series of recent decisions suggest that being a sponsor for a new spouse and the spouses children is a risky proposition. Consequently, the obligations that are incurred by a sponsor should be fully understood and carefully considered before you or someone you know decides to bring a new spouse to this country.
THE AFFIDAVIT OF SUPPORT
When a U.S. citizen brings a spouse from another country into our country, he or she becomes a sponsor, and has to agree to sign an affidavit of support for the spouse and his or her children. This obligation of support was created to ensure that the spouse and his or her children do not become public wards if the marriage terminates or the parties separate.
As with most forms created by the federal government, the affidavit of support is a convoluted document that is difficult to understand. The fine print of this form requires that the sponsor pledge his or her support and that the support pledged can only be terminated for one of the following five reasons: 1) the sponsors death; 2) the sponsored immigrants death; 3) the sponsored immigrant becoming a U.S. citizen; 4) the sponsored immigrant permanently departing the U.S.; or 5) the immigrant being credited with a total of 40 qualifying quarters of work (i.e., ten years).
In the event that the marriage does not work out and/or the parties separate after a short period of time, the pledged obligation of support can be quite burdensome.
Recent appellate court decisions throughout the country have held that the sponsors obligation to support a spouse and his or her children can be enforced in both federal and state courts. In addition, the state court must order a sponsor to continue to pay support after the marriage has been dissolved, and where support would or could not be ordered under the states law.
Considering Californias laws pertaining to spousal and child support, this expanded duty of support is frightening.
DURATION OF SPOUSAL SUPPORT EXPANDED
Imagine bringing your new spouse to this country hoping for a long lasting marriage, making all the arrangements for your new home and after only six months, your spouse suddenly moves out. If this happened to you, it would be wise to put aside your feelings of hurt and rejection, because you will have more serious problems - your expanded duty of support!
In California, where there is a marriage of short duration (i.e., less than ten years), the rule of thumb used by the courts is to order spousal support for one-half of the duration of the marriage. Thus, in the case of a marriage lasting only six months, the court will usually terminate spousal support after three months.
However, in the case of a sponsor who pledges the support of his or her new spouse, this obligation can last up to ten years. Ouch!
DUTY TO SUPPORT CHILDREN
What about your spouses children?
In most cases, there is no duty to support your spouses children from a prior relationship. Under California law, a person has the legal obligation to support a child only under specific circumstances, such as when a party is the biological parent of the child, a party has adopted the child, when the child was conceived during the marriage and the parties were living together, or where a party has held him or herself out in the community as the childs parent.
However, in the case of a sponsor, the duty to support exists, even if the party had not formed a relationship with the child. Again, based on the sponsors pledge to support the spouse and his or her children, the obligation can last up to ten years!
WITHDRAWAL OF THE AFFIDAVIT WILL NOT HELP!
In a couple of appellate court decisions addressing this issue, the sponsors argued that the duty to support terminated when the affidavit of support was withdrawn. To support their argument, these sponsors cited the written position of the U.S. Citizenship and Immigration Services, which states that the sponsor can retract the Affidavit of Support anytime until the adjustment of status process is complete.
Unfortunately for these sponsors, the courts of appeals have disagreed. All relevant court decisions have held that the affidavit of support is an enforceable contract and that it is binding at the moment it is signed.
THE BOTTOM LINE
Before signing an Affidavit of Support, a sponsor would be wise to remember the old proverb, marry in haste, repent in leisure. Indeed, those who bring new spouses into this country, and subsequently discover that they have made a mistake, may have to live with the unpleasant consequences for a long time.
Copyright 2006 Law Offices of Donald P. Schweitzer
Donald P. SchweitzerArm Pimples
Founding Father George Washington
Airline Airline Cheap Cheap Dirt Dirt International Ticket Ticket
Finding Waldo Is A Lot Like Finding Jesus Quote
Newspaper Obituary Past
170 Condo East End Sales
Ornamental Grass
Card Dish Network Satellite
Telluride Resorts
Ariens Blower Manual Owner Snow
Hot Shoe Adapter
Boot Heel High Knee Low
Dessert Dinner Thanksgiving
Career Change Cover Free Letter Sample
Nt User Manager Password
Wholesale Sony Digital Camera
Bill Consolidation Loan Money Student
Daves Bbq
Hard Drive Video Camera
Fun Restaurant San Diego
Baby Infant
Free Hebrew Online Translation
Banking Lloyds Offshore Overseas Tsb
0x800a0007 Windows Update Error
10 Mtv Music Top Video
Online Rn Bsn
Career
Electric Ranger
Chai Stash Tea
Glasses
Tuscany Food
Oak Kitchen Island
Baltimore Motorcycle Accident Lawyers
Breakfast At Tiffanys Script
Block Jill Party Scott
Burnham Institute Medical Research
Attorney Durable Living Power Will
Download Free Midi Song Tagalog
Whole Turkey Recipe
Rental Home In Las Vegas Nevada
0a Business Home Job Opportunity Work
Dog Trot House Plan
Kona Grill
Hamlet By Shakespeare
W12
Fitness Expo
Sony Am Fm Clock Radio
Colorado Music Party
Ville De Tours
Chocolate Eclair Recipe
Hell Kitchen Dvd
Cake Cream Ice Recipe Sandwich
1 800 Flowers Coupon Code
Denim Shirt Wrangler
Marketing Management
Crm
Acne Herbal Rosacea Treatment
2008 Altima Coupe
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Holiday Home New Rent Zealand
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Arthritis Self Management Magazine
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Cleaning Carpet Stains
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College Transcript
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Oil Change Franchising
Conference Venue
Golf Illustrated Rule Usga
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Free Fax Broadcast Software
Yoga Pilates
0 Apr Business Card Credit Online Services
Dating Directory
Mesotheleoma Mesotheleoma Pleural
Inkjet Printer Cartridge
Native Texan
Course Custom Golf House Plan
Lala Mtv Pic
Time Share Rating
Best Treatment For Depression
1 1200 Calorie Diet Free Month
Vending Machine Sales
Estate Lead Marketing Real Realtor
Disney Kissimmee Orlando Vacation Villa
Selling Time Share
Child Fur Boot
Automotive Car
W31
Porta Crib
10 2007 California Obituary
Commercial Lease Office Space
Articles On Psychosocial Rehabilitation
Crm Desk Help Software
Mesothelial Cells Cancer Cancerous Tumor Cancerous
Shopping Mall Louisville
Don Hertzfeldt Rejected Cartoon
Fisher Price Toy Store
100 Cotton Dress Shirt
46 Lamp Leg
Hemorrhoids Children
1 Anniversary Gift Idea Wedding Year
W5
Accessory Cell L1150 Lg Phone
1 2 3 Flower Gardening
06 Crystal Ice
Anna Nicole Silvstedt Smith Victoria
1 Alternate American History Jesus Liar Religious Right Version Vol
Par Lamps
Advanced Power Solutions
Cream Home Ice Maker Serve Soft
1000 Calorie A Day Vegetarian Diet
Baby Shower Candy Wrapper Favor
Bag Costume Indian Paper
Loseweight Diet
Farm Antiques
Murphy Bed Hardware Kit
Light Snow Falling
Caddo Parish
Law
100 Construction Loan
Mesh Gift Bag
Educational Manufacturer Toy
Wood Scratches
Scott Bedbury
Funny Hunting Shirt
Pet Safe Door
Carpet Cleaning Montreal Select
Jesus Hands Tattoo
Maurice Lacroix Watches
Flavored Coffee Creamer Recipe
Phone Number Of Singapore Airline
Religion In The Middle Ages
Overnight Computer Bag
Brand M Machine Ms Vending
Anxiety Depression Healing Natural Stress Way
Vogue Bambini Magazine
10 Dating Site Top
Solar Yard Lighting
Music Fundamentals
Patio Furniture Outdoor Fur
Best Billie Day Holiday Lady
Teen Singing Contest
2007 Football Schedule
Capital Estate Gain Investment Real Tax
Dial Free Internet Iowa Service Trial Up
Big Barrel Baseball Bat
W32
Geneva Protocol
Gasoline Alley Comic
Mineral Well High School Football
1 Cream Ice Skate Team Video Vol
The Rocky Horror Picture Show
10 Blessed Day Diet Fitness Health Loss Weight
Robert Glaser
00 Gauge
Workout Log Sheet
0800 Access Free Internet
Nmastronomical Psychics
Docucolor 12
International Traveler Insurance
Job In San Diego
Bird Dog Speed Train
0 Car Deal Finance New
My Friend Doc Holiday
Cosmetic Salary Surgeon
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Belkin Ipod Backup Battery Pack
52 Cafe Del Energy Mar
Football Georgia High Radio School
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13 Cool Entertainment Home Linux Office Project Toy
Mac Pci Wireless
Free Game Job
Phone
Grand Theft Auto Game
Crystal Productions
Snake River Idaho
Beach Course Golf Luxury Myrtle
Silver Wedding Gifts
Gardening
Full Spectrum Fluorescent Lamp
Post Construction Cleanup
Chat Deck Free Psychic Room Tarot
Hotels Pets Allowed
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Coffee French Pot Press
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Aquatic Plants
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Vintage Glass Lamp
Toddler Snowsuits
Print Shirts
101 Cafe Restaurant
Miami Restaurant Romantic
Baby Box Contact Myspace Phat
Baseball Bat Blemished Youth
Health
Post Office Hours New York
Cancer Cancer Mesothelioma Mesothelioma Mesothelio
1 1 1 2bshack 417 Radio Top
Cash Home Sell
Hospital Construction Cost Per Bed
Legyptian Embossed Wallets
Coke Diet Mentos Nobodys Watching
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Asia Entertainment Sony Tv
Louis Vuitton Purses Wholesale
Contractor System
Cost Of Living New York City
Illinois Retirement Home
Bank Prime Rate Royal
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Avalon Gas Stove
How To Make Chandelier Earring
Liver Vitamins
Denali Hiking In National Park
3 Forex Pips Trading
Road Picture
Shoes Tennis Wilson Womens
10 Shoes Size Wide Womens
Career
Prada Inspired Bag
Restuarant
Chaise Lounge Chairs
Baby Sling Carrier
W21
Dress Shoes Toddler White
Canadian Hockey History
Shoes
Ipod Screen
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