Burns v. Burns

No. FD-2000-5203 (Okla. Dist. Ct. Oklahoma County June 5,2001) ; Clearinghouse Number: 54046

Description

Immigrant Spouse Has an Enforceable Claim for Spousal Support Against Sponsor-Spouse Under 8 U.S.C. § 1183a

Abstract

The court found that defendant wife’s sponsored immigrant claim under 8 U.S.C. § 1183a for support at 125 percent of the “Federal poverty line” (currently $895.00) was properly raised in divorce court and that the Immigration and Naturalization Service’s form I-864 affidavit of support was enforceable against plaintiff spouse as her sponsor. Defendant’s trial brief stated that plaintiff and defendant met via the Internet in 1996. In 1998 the parties married in Beijing, China, after a courtship of over a year. In January 1999 defendant was admitted to this country as an immediate family member of plaintiff. In August 2000 plaintiff filed for divorce. Defendant argued that she was entitled to spousal support alimony under state law and that 8 U.S.C. § 1183a imposed an obligation of support legally enforceable by defendant against plaintiff. Defendant, a medical doctor in Beijing, China, faced language barriers which rendered her unemployable in this country. The court found in favor of defendant on the issue of the applicability of section 1183a to her right to support at the level of 125 percent of the poverty line; however, no payment from plaintiff to defendant was required because the support alimony award in the divorce action was in excess of 125 percent of the poverty line. The court retained jurisdiction to award support payments if defendant’s household income should fall below the poverty line.

Additional Information

Attorney Information
Plaintiff represented by: Thomas Neil Lynn III, Legal Aid of Western Oklahoma, Inc. 2901 Classen Blvd, Suite 112 Oklahoma City, OK 73106 (405.521.1302)
Docket Date
2001-06-05 00:00:00+00:00