Tacoma, WA asked in Divorce and Immigration Law for Wisconsin

Q: I was divorced by my USA Citizen spouse. I did not participate in the court proceedings. Can I enforce I-864 at all now?


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1 Lawyer Answer
Amanda B Cook
Amanda B Cook
  • Immigration Law Lawyer
  • Montgomery, AL

A: A couple of things on this, even though I have no real good advice for you in your current situation, but just because others may read this.

First - divorce proceedings are mandatory. You can't just "choose" not to participate in court proceedings in the United States (or most other jurisdictions for that matter). If you do so, you are in great danger of losing any rights or privileges you may have in relation to those proceedings. So "not participating" in any legal process that you're involved with, good or bad, is a terrible, terrible course of action to take. OF COURSE you didn't get alimony in your divorce if you didn't bother to show up for court!

Second - YOU NEED A LAWYER. I feel like I've written this here a thousand times, but I'll write it a thousand more until people realize that there's a reason we exist and a very good reason we charge fees - because you NEED us and we're WORTH it! Stop going on the internet for advice on these complicated matters. This is not the place to ask about how to get benefits, or what seeking those benefits might entail or what the consequences of your action or inaction might be. ESPECIALLY after you've thrown your rights in the garbage by not showing up to court!

You can ask a small procedural question here, or for some sort of small clarification, or give a hypothetical on the pretense of education only, for simple, rote and common issues. But this (as well as many questions asked on this site) goes WAY beyond the scope of anything that you should ask in an internet forum. I realize we live in the "age of information" but come on, people! There's a reason a law degree costs upwards of $300,000 - and you're not going to figure out how to handle your complicated legal matter from strangers on the internet! Not even ones with law degrees. Get a lawyer, yesterday!!

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