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Wenfang Liu v. Timothy Mund

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ARGUED JUNE 22, 2012

Before POSNER, ROVNER, and WOOD, Circuit Judges.

Timothy Mund, an American, married Wenfang Liu, a Chinese woman 19 years his junior, in China. Two years later the couple decided to move to the United States. For Liu to be admitted as a permanent resident on the basis of her marriage to an American, her husband had to sign an “I-864 affidavit,” agreeing to support his wife at 125 percent of the poverty level (approximately $13,500 a year), even if they divorced. They divorced two years later. Without relying on the affidavit, the divorce court (a Wisconsin court, because Wisconsin was where the couple lived) ordered Mund (so far as relates to this appeal) to support Liu for one year at a rate of $500 a month. But the court made the obligation of support contingent on her proving that despite actively seeking work by making at least four job applications a month, she had not found any work; she is a graduate of a Chinese college but her spoken English is very poor. This provision of the divorce decree was consistent with Wisconsin case law. The court declined to address the possible bearing of federal law, namely the I-864 affidavit.

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