Anonymous
Anonymous asked in Family & RelationshipsMarriage & Divorce · 1 month ago

Can a husband request spousal support ? ?

Or is it just one gender rule? 

I got married to my wife who is an American and plan to divorce. I have no job and maybe homeless. I have 10 year green card. Can I request spousal help ? Is she considered my sponsor ? I need advice. Thank u 

13 Answers

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  • 1 month ago

    You can sue her for a divorce and request to have her pay support to you although she would certainly appeal any decision should it be rendered. Also, she could notify immigration that your marriage was a sham and that you used her to gain legal status.

  • Anonymous
    1 month ago

    Of course. But in this day and age, there's no guarantee that either sex will get it.

  • P
    Lv 7
    1 month ago

    There is no gender attached to spousal support requirements in the US, however in states that are eligible it can depend on how long you were previously married. They also tend to look at your 2020 income for the entire year compared to your spouse rather than your current job situation.  Courts also consider if you are "voluntarily" unemployed.  For example if you quit a job recently it could disqualify you for spousal support.  Regardless your attorney would need to go over your specific situation and see if it's something you would qualify for.   You may find the marital settlement you would get in divorce is enough to buy you time to find something.    Immigration sponsorship is usually a more formal process that both parties would be well aware of.  If she's never signed an affidavit of support then I don't think she would be required to sponsor you.   

  • Foofa
    Lv 7
    1 month ago

    Only you (and the USCIS) can know if she's your sponsor. But if you weren't sponsored by another family, an employer after exhausting the H1B visa program or obtained an investors green card it's likely she's the sponsor. You've apparently removed the marital conditions from your green card but if your wife signed the Affidavit of Support she's still responsible for you four 10 years from the date she signed it. This means she would have to reimburse the government for any social benefits you receive. This is separate from alimony and that's an issue that varies greatly depending on state law, the duration of the marriage and a number of other factors. In most cases unless you gave up a career to stay home alimony isn't in play. Go talk to a lawyer. 

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  • Anonymous
    1 month ago

    There are so many red flags in this post it would close the beach for a week.

  • Anonymous
    1 month ago

    You need to ask a lawyer, since laws vary depending upon the state.  The fact that you have a green card raises an immediate red flag - if you can't support yourself then you may be deported.  A lawyer can tell you exactly what your options are.

  • T J
    Lv 7
    1 month ago

    It works both ways

  • hi
    Lv 5
    1 month ago

    Come on man, please work things out with her. Marriage is a sacrament between one man and one woman which is supposed to be  a lifetime commitment. If you file for divorce she is going to think that you just wanted to use her for a green card.. please don't break her heart.

    God bless you.

  • 1 month ago

    It depends of many things. 

    But she could accuse you of scamming her to get a green card, which is how this sounds. 

    So, get a divorce but don't try to sue her for spousal support. Get a job, any job or go back to your country, don't be a leech. A true man doesn't expect that a woman supports him.

  • 1 month ago

    Ask a family attorney in your state. Random strangers on the internet are NOT legal experts, and the laws are different everywhere. Be smarter than this unless you want to stay homeless.

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