QUESTION

Could the Department of State argue that since I was giving child support, I was separated from my wife and affect petition process?

Asked on Mar 06th, 2014 on Immigration - New Jersey
More details to this question:
I was a J1 visa holder. I married a Permanent Resident 3 years ago and we had a child in the US. I recently moved to my country to comply with the 2 year HRR. We decided that she will stay in the US to finish her college degree. She is now applying for public assistance to be able to pay for tuition, daycare, and other expenses after our savings are gone. However, the department of Human Resources told her she have to open a case for child support in order to receive public assistance. We haven't brake up. I am not missing child support payments. I send 50% of my salary every months, which is not that much in the US, to support my family. If child support is ordered, could this affect the petition process when she decides to file a petition for me? Should she continue with the process?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
In addition to filing a petition for you, your wife will also have to file an I-864 affidavit of support. As she is applying for public assistance, she would not appear to have the wherewithal to guarantee your support in the country and would have to have a cosponsor do such. A consular officer may be curious as to why a cosponsor would be willing to sponsor you financially if he or she is not financially supporting your wife. The question of the child support goes also to the issue of the financial support that can be shown for you. As you are sending 50% of your earnings to support the child, there would be no negative implications on your good character even if the amount does not entirely cover the cost of your child's support. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence  
Answered on Mar 29th, 2014 at 5:59 PM

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