La Habra, CA asked in Divorce, Family Law and Immigration Law for California

Q: If i want to ask my spouse to waive i864 obligation durinf divorce, how do i do that?

I saw on this website that this could be done, i want to mnow how. As my wife and i are going through divorce and i am her sponsor, she currently hold a conditional green card and been making threat to my finance

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In a divorce scenario where you are the sponsor of your spouse's conditional green card under Form I-864, asking your spouse to waive the support obligation can be challenging. It's important to understand that the obligations under Form I-864 are enforceable by law, and your spouse has the right to seek support based on this agreement.

However, if you wish to request a waiver of these obligations, it should be approached as part of the divorce negotiations. This involves discussing the matter with your spouse and potentially reaching an agreement that could be included in your divorce settlement. It's essential to note that any agreement made should be legally documented to ensure enforceability.

Given the complexity of immigration and family law intersections, it's advisable to seek legal guidance. An attorney with experience in both family and immigration law can provide crucial advice on how to navigate this situation. They can help draft an agreement that is fair and in compliance with legal requirements.

Remember, while negotiating such matters, it's important to approach the situation calmly and constructively, focusing on reaching a mutually agreeable solution. The outcome of these negotiations can significantly impact both parties' futures, so it’s important to handle them with care and legal insight.

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