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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94140
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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As an american woman marrying a moroccan man in Morocco, what

Customer Question

As an american woman marrying a moroccan man in Morocco, what are my responsibilities to sponsor him until he can obtain the 2-year permanent resident card? must I be financially responsible if put in this situation or can I have a marriage contract that outlines stipulations?
Submitted: 2 years ago via ForeignBorn.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
First, your relationship must be real, not only to obtain an immigration benefit. Unfortunately, a sponsor will be responsible FOR LIFE to pay back the U.S. government for any means-tested benefit that he uses such as welfare, food stamps, etc. If he uses none, then you do not have to pay anything back. Lately, some crafty attorneys have even been able to get the joint sponsor to support the immigrant at 125% of the poverty line. The responsibility only ends when one of three things happen:

 

1) The immigrant works 10 years in the U.S. paying U.S. taxes. If they stop at 9.9 years and never work again, then you are stuck.

 

2) The immigrant becomes a U.S. Citizen.

 

3) The immigrant loses Residency for some reason:

a) Being outside of the U.S. for too long.

b) They obtained it through fraud.

c) They commit a serious enough crime.

 

Divorce does not terminate the responsibility. Here is another link:

 

http://www.divorcesource.com/NY/ARTICLES/venzon4.html

 

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Customer: replied 2 years ago.

If I am married in Morocco, can I get an additional "contract" signed and certified by both parties outlining expectations during the marriage and can this contract include: that the moroccan spouse being sponsored will not do anything to cause the american sponsoring spouse to have to pay back the US government for any reason, to become a US citizen within a specified period of time and to not lose residency? Could this contract be binding? Also, should this contract include all assets and money belonging to the American sponsoring spouse will remain with that spouse no matter the outcome of the marriage. What is the limit for remaining outside the USA for a resident to lose their residency?

 

Although the relationship I am in is very real, I am still trying to protect myself, my assets and my son as I am also a single mother. Is there anyway to get around the responsibility for life to pay back the US government should the relationship not work? thank you for your help.

Kathy

Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
You can make pre-nuptial agreements that can protect you from having to support the spouse at 125% of the poverty level, but you cannot make a contract to not have to pay the U.S. government back for any means-tested public benefit that he may use. Why? Because that is a protection for me, and you, that we are U.S. taxpayers to prevent someone new that has never paid into the tax system from using and abusing that system. So you cannot create an agreement that can prevent the U.S. government from recovering any government services that he uses. Please let me know if you have any additional questions and please do not forget to click accept. Thank you.
Customer: replied 2 years ago.

The marriage contract I am describing would simply outline the moroccan spouse's responsibilities to avoid causing the sponsoring spouse to have to pay back the US government for any reason. It would put more accountability on the moroccan spouse to avoid and not cause this outcome. If this contract was drawn up outlining these and other expectations of both parties, would it be binding? Could this be part of a pre-nuptial agreement? I would have an attorney do this for me. Are there any other protections that I, as a single american mother, could put in place to protect my assets and future? Thanks.

Kathy

Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.

I understand exactly what you want to do, but the U.S. government is going to go against you for any means-tested public benefit that he uses. Then it is up to you if you want to go against him to get that money back from him. That is up to you. The U.S. government just wants a guarantee from you, they don't want a guarantee from him. Please let me know if you have any additional questions and please do not forget to click accept. Thank you.

Customer: replied 2 years ago.

Would this being outlined in a contract or Pre-nuptial agreement help me should I need to go after him for payment? I am not trying to create a situation where the government could not go against me, that is a given. I am trying to create a legally binding document that he and i would sign that would give me the best chances of this situation never occurring and if it does, the contract could also help me get any money back from him. If there are any other ways to help protect the American sponsoring spouse, please let me know. I am simply trying to protect my family and assets as much as possible.

 

Can you refer me to an attorney that could draw up this agreement or contract. I am located in Locust, NC. Thanks.

Kathy

Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
Absolutely. What I am trying to say that the government won't care about that. They won't go after him, they will go after you as the sponsor. Any contract that you make with him helps you to go after him, but the government won't get involved. And yes, I understand what you are trying to do, but you will never get 100% guarantee. He can always declare bankruptcy, hide his assets, etc. etc. As far as an attorney, you can go to http://www.ailalawyer.com/. Please let me know if you have any additional questions and please do not forget to click accept. Thank you.
Customer: replied 2 years ago.

After we marry, I will apply for a spousal visa. What documents will I need to provide to show "proof of a relationship" aside from affidavits from 2-3 people re: being in a married relationship, pictures from the marriage celebration, and the marriage certificate. Will i also have to provide documentation to show our conversations over the past year such as yahoo, skype, phone and text records? I am also 18 years older, what obstacles will we face in the process? Thank you , especially for the lawyer website.

Kathy

Customer: replied 2 years ago.
Relist: Answer came too late.
Expert:  Judith replied 2 years ago.

Hello, welcome to JustAnswer, my name isXXXXX you for this opportunity to answer your questions.

 

 

Do you still want an answer?

Judith

Customer: replied 2 years ago.

Yes. Also, if there is anything further you can add re: an american woman protecting her assets when marrying a moroccan man, I would appreciate it. Thanks.

kathy

Expert:  Judith replied 2 years ago.

I would certainly see a US attorney who specializes in pre-nups and have that in place prior to the marriage taking place after he arrives on the K1.

I cannot be more specific about this because I do not practice family law.

It would behoove you to read these links

 

http://www.floridabar.org/DIVCOM/JN/JNJournal01.nsf/c0d731e03de9828d852574580042ae7a/2cbe6a52e76636f28525763b00661a63!OpenDocument&Highlight=0,*

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

http://www.divorcesource.com/NJ/ARTICLES/sliwinski86.html

 

What documents will I need to provide to show "proof of a relationship" aside from affidavits from 2-3 people re: being in a married relationship, pictures from the marriage celebration, and the marriage certificate. Will i also have to provide documentation to show our conversations over the past year such as yahoo, skype, phone and text records? I am also 18 years older, what obstacles will we face in the process?

 

There is never such thing as having too much documentation.

So put together a binder loaded with all of this evidence in chronological order. It is what would best serve your sposue to prove that it is good faith.

 

Judith

 

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Customer: replied 2 years ago.

You forgot to answer this part of my question....thanks.

 

I am also 18 years older than the man I will marry, what obstacles will we face in the process?

 

kathy

Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.

Hello Kathy. There was no need to relist. Unfortunately, your file will be red-flagged. Why? Because of the age difference. I am truly sorry, but that is the nature of the law. Many of the laws for U.S. Citizens to bring spouses are created to combat marriage fraud. When an officer sees a case such as yours, they will automatically assume that while you may be truly in love, your spouse may just be using you to be able to come to the U.S. So they are going to want to see STRONG evidence that the relationship is real. You will need many photographs, proof of many trips to visit him, letters from friends and family that know about your relationship and know it is real, emails and letters between you, maybe phone records, and any other evidence that you can gather that would convince an officer that your relationship is real.

 

Also, please understand that we have answered many or your questions and you have not clicked accept. That is the only way that we get paid. You are not charged again and we can continue to communicate without additional charge even after you do click accept. So please consider doing that now. Thank you.

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94140
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 2 other Immigration Law Specialists are ready to help you

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