How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Alex J. Esq. Your Own Question

Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 12290
Experience:  Licensed experienced Attorney
Type Your Family Law Question Here...
Alex J. Esq. is online now
A new question is answered every 9 seconds

I want a divorce and I need advise. I married my wife in Nigeria,

Resolved Question:

I want a divorce and I need advise.
I married my wife in Nigeria, and filed immigration papers to bring her here.
We have lived together for 9 Months, but I am tired of the marriage and want out.
What are my options? Specifically, considering she quit her job in Nigeria and let her family to join me here, can I get a contested divorce without Alimony payments?
Submitted: 9 months ago.
Category: Family Law
Expert:  Alex J. Esq. replied 9 months ago.
Hello. My name is XXXXX XXXXX X will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

Have you only been legally married for 9 months?

Do you have any minor children with your wife?

What is your current income and what is your wife's income?
Customer: replied 9 months ago.

She is not working, I have been supporting her 100%.


She attends community college and I pay for it also. I make $85,000 per annum. We don't have any children between us.

Expert:  Alex J. Esq. replied 9 months ago.
Thank you for your follow up.

How long have you been legally married to your wife?
Customer: replied 9 months ago.

we were married 09/07/2011

Expert:  Alex J. Esq. replied 9 months ago.
Thank you for your follow up.

Did you sign an affidavit of support for your wife when you brought her to the US?
Customer: replied 9 months ago.

Yes. I did.

Expert:  Alex J. Esq. replied 9 months ago.
Thank you for your follow up.

Unfortunately, if you did sign the Affidavit of Support for your wife, you would be held legally responsible to pay 125% of the federal poverty level of spousal support for your wife in case of divorce if she is unable to find employment, until your wife becomes a US citizen or works for 10 years and earns 40 qualifying quarter retirement credits.

Also, if your wife becomes public charge and received government benefits, before becoming a US citizen or earning 40 credits, the government can and in most cases does go after the sponsor for any money paid to the sponsored alien spouse.

You can read more about it at the link below, which has all the specific details and updates about your liability under the I-864 to your spouse or any other alien you have sponsored:

http://www.ilw.com/articles/2006,0110-wheeler.shtm

I would strongly urge you to consult with a local divorce attorney who has handled similar cases, before proceeding with your divorce, as in most cases it is simply better to wait for the alien spouse to become a US citizen, in the situation similar to yours.

I wish you the best of luck!
Customer: replied 9 months ago.

What if the divorce is uncontested?

Expert:  Alex J. Esq. replied 9 months ago.
Thank you for your follow up.

While the wife can choose not to go after use for the obligation under I-864, if she does become a public charge and receives any government benefits, the government will still be able to go after you for any money paid to your wife's benefits and your wife cannot waive that, as this obligation under I-864 is not to your wife, but to the government.

I wish you the best of luck!
Expert:  Alex J. Esq. replied 9 months ago.
Do you have any related follow up questions for me?
Customer: replied 9 months ago.

1. What constitutes government benefits?


2. How does the situation change if she is the one that files for the divorce?


 

Expert:  Alex J. Esq. replied 9 months ago.
Thank you for your follow up.

1) Government benefits would be Welfare, Medicaid, etc...

2) It would not make any difference whether you or sponsored alien files for the divorce for the purposes of your obligations under I-864


I wish you the best of luck!
Customer: replied 9 months ago.

If she finds a job, how does that absolves me?

Expert:  Alex J. Esq. replied 9 months ago.
As long as, your wife has an income above poverty level, you would not be subject to providing the 125% of povery standard for her.

However, she does not have an obligation to seek employment and can simply choose not to work and collect 125 of poverty level support from you, which many foreign sponsored aliens have been doing lately.

I wish you the best of luck!
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 12290
Experience: Licensed experienced Attorney
Alex J. Esq. and other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney