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Keywords

settlementaffidavitmotionsummary judgmentburden of proofdivorcemotion for summary judgment
settlementaffidavitmotionsummary judgmentdivorcemotion for summary judgment

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Shumye v. Felleke

Facts

The wife, a citizen of Ethiopia, arrived in the U.S. to marry the husband, a U.S. citizen who sponsored her through Form I-864. They married in January 1999, separated in October 1999, and filed for divorce in 2003. A divorce settlement in 2005 required the husband to pay the wife $49,000, which was deemed a settlement of community property rights rather than income. The wife claimed the husband breached his financial obligations under Form I-864, but the court found she did not meet her burden of proof for the years in question.

The wife was a citizen of Ethiopia who arrived in the United States (U.S.) to marry the husband, a U.S. citizen. The husband sponsored the wife and signed a Form I-864. They were married in January of 1999 and separated in October of 1999. In 2003 they filed for divorce and in 2005 reached a divorce settlement in which the husband agreed to pay the wife the sum of $49,000 for settlement of community property. The court found that divorce was not a condition under which the sponsor's obligations under Form I-864 could be terminated.

Issue

Did the husband breach his financial obligations under the Affidavit of Support Form I-864 for the years 2003, 2006, and 2007?

Did the husband breach his financial obligations under the Affidavit of Support Form I-864 for the years 2003, 2006, and 2007?

Rule

The sponsor's obligation under Form I-864 is to maintain the sponsored immigrant at an annual income of at least 125% of the federal poverty level, and this obligation does not terminate upon divorce.

The sponsor's obligation under Form I-864 terminates only if one of five conditions is met: (1) the sponsor dies, (2) the sponsored immigrant dies, (3) the sponsored immigrant becomes a U.S. citizen, (4) the sponsored immigrant permanently departs the U.S., or (5) the sponsored immigrant is credited with 40 qualifying quarters of work. See 8 U.S.C. q83a(a)(2). Divorce is not a condition under which the sponsor's obligations under Form I-864 can be terminated.

Analysis

The court analyzed the wife's income for each year separately, determining that her income did not exceed the 125% federal poverty threshold for the years 2003, 2006, and 2007. The court found that the husband's evidence did not establish that the wife had sufficient income to demonstrate a breach of the Form I-864 obligations for those years.

The court analyzed the wife's income for each year separately, determining that her income did not exceed the 125% federal poverty threshold for the years 2003, 2006, and 2007. The court found that the husband's evidence did not establish that the wife had sufficient income to demonstrate a breach of the Form I-864 obligations for those years.

Conclusion

The court granted summary judgment in favor of the husband for the years 2000, 2001, 2002, 2004, and 2005, but denied summary judgment for the years 2003, 2006, and 2007. The wife's motion for summary judgment was denied.

The court granted summary judgment in favor of the husband with respect to his Form I-864 obligations for the years 2000, 2001, 2002, 2004 and 2005, but denied summary judgment as to 2003, 2006, and 2007. The court denied the wife's motion for summary judgment.

Who won?

The husband prevailed in the case because the court found that the wife did not provide sufficient evidence to prove that he breached his financial obligations under Form I-864 for the years in question.

The husband prevailed in the case because the court found that the wife did not provide sufficient evidence to prove that he breached his financial obligations under Form I-864 for the years in question.

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