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    Dave_f404's Avatar
    Dave_f404 Posts: 2, Reputation: 1
    New Member
     
    #1

    May 8, 2008, 02:39 PM
    Divorce and Immigration
    Good Day all. I am new here, and I do have a question. My wife and I are starting the divorce process and are going through a mediator to get paperwork all sorted out. But because my wife is a landed immigrant, and when she landed I signed some paperwork and in that it stated I would be financially responsible for her for 10 years. Well I do believe it has either been 7 or 8 years now, but we are getting divorced. My question is am I still financially responsible for her till that 10 years is up, or does the divorce make it null and void? Also can someone tell me what entitlements she is allowed to collect?

    Thanks.
    Please send any responses to me at: [email protected]
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
     
    #2

    May 8, 2008, 03:17 PM
    When you sign the Affidavit of Support, you accept legal responsibility for financially supporting the sponsored immigrant until she...
    • becomes U.S. citizen or
    • can be credited with 40 quarters of work or
    • leaves the United States permanently or
    • dies

    And divorce does not nullify the sponsorship agreement.

    If the immigrant receives any "means-tested public benefits," you are responsible for repaying the cost of those benefits to the agency that provided them. If you do not repay the debt, the agency can sue you in court to get the money owed.

    Currently, Federal means-tested public benefits include Food Stamps, Medicaid, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and the State Child Health Insurance Program (CHIP). States and local jurisdictions may also designate certain of their programs as means-tested public benefits.
    Dave_f404's Avatar
    Dave_f404 Posts: 2, Reputation: 1
    New Member
     
    #3

    May 8, 2008, 03:25 PM
    The only thing with this is that we are in Canada.
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
     
    #4

    May 8, 2008, 03:42 PM
    No difference...

    Information about Canada Immigration Issues. Frequently Asked Questions about Canadian Immigration and Employment Opportunities.

    A sponsor signs the Undertaking which is a legal contract between the government and the sponsor and a promise by the sponsor to provide for the needs of the sponsored relatives without resorting to social benefits for the period of 10 years. If the sponsor fails to meet the obligations, legal actions can be taken against the individual.

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