Abusive (nonUSC) Husband, ROC & I-864

[MamaAsiya 8]

Hello VJers,

I'm looking for some advice... here is the back story:

I am a USC and my husband has a conditional GC (2 yrs). We have a daughter together. In July of 2009, he was arrested and convicted for spousal battery (misdemeanor). He has since completed the domestic violence/anger management course. We have not lived together since the arrest. I continued to support him until October of last year when I cut back substantially. I gave him a lump sum to help him get off the street for the winter. I'm a single mom and I can not continue to support him. He has a job at Starbucks and goes to community college. He receives grants that contribute to some living expenses. I think he has a place to living but it is precarious. He was recently arrested again but released without charge (he was using my credit card which I reported stolen. Jealous ladies?). He's been keeping a respectful distance so I'm not actively trying to have him deported. It's no small thing to prevent a father from seeing his daughter. Although, he only sees her once every two weeks for a couple hours. But the marriage was genuine and he does seem to be trying. My main concern is the financial liability. Only God knows if he will actually be able to get his life together and be self sufficient. Our divorce should be finalized on March 21. His GC expires March 3 and he is preparing to file for ROC. I told him he needs to file it on his own, wait for the RFE at which point he can send the divorce decree. Obviously, he wants me to file jointly.

Here are my questions:

What is the probability that he will be deported because of the domestic violence charge?

Do you think filing jointly would expedite his deportation or increase his chances of being approved?

Do I even have a choice to file jointly?

How can I find out what specific programs fall under the I-864 contract?

Could I be asked to pay back the FAFSA grants?

At what point would the government sue me for funds?

Am I mandated to supplement his income to meet 125% of the poverty line?

Would unpaid child support be factored in?

How can someone be approved for programs like medical if the sponsor is responsible?

Any tips on how to protect myself financially?

Sorry for the lengthy post. I would appreciate any feedback. Thank you!

~Mama Asiya

[JimVaPhuong 4,863]

What is the probability that he will be deported because of the domestic violence charge?

If they know about it, the chances are pretty good. He has to declare the conviction on the I-751, and provide the court documents related to it.

Do you think filing jointly would expedite his deportation or increase his chances of being approved?

Depends on what you say at the interview. There's no way you could improve his chances without lying about your relationship.

Do I even have a choice to file jointly?

Yes. You are not required to file anything. He is the one who is required to file.

How can I find out what specific programs fall under the I-864 contract?

The biggies are food stamps, SSI, Medicaid, and any state programs deemed to be "means tested benefits".

Could I be asked to pay back the FAFSA grants?

No. Federal Student Aid programs are not considered "means tested benefits".

At what point would the government sue me for funds?

When the agency which is paying the benefits becomes aware of the affidavit of support they will first send a demand for reimbursement, hoping you'll cough up the money voluntarily. If that doesn't work then they'll take you to court.

Am I mandated to supplement his income to meet 125% of the poverty line?

Yes, but you made this promise to the US government - not to him. He would have to sue you in order to enforce it, and those suits have had mixed results.

Would unpaid child support be factored in?

Yes. They would also factor in any income he already receives. If his total income is already 125% of the poverty guidelines (for 1 person) then he wouldn't get anything from you.

How can someone be approved for programs like medical if the sponsor is responsible?

You're talking about two different requirements. He becomes eligible for most means tested benefits after he's been an LPR for five years, whether there's an affidavit of support or not. You can be held liable to reimburse the government as long as the affidavit is enforceable.

Any tips on how to protect myself financially?

Hope that he's deported or abandons his residency.

[YuAndDan 153]

Problem is if still married is required to file jointly, cannot file it singly easily with waiver when still married only separated.

I would cut the losses, an tell him is on his own, and simply submit a report to USCIS explaining your side of the situation and the abusive relationship.

There is nothing you can do about the I-864, it is in effect until your spouse is no longer a green-card holder, or is credited with 40 quarters of work, (10 years of work)

[JimVaPhuong 4,863]

Problem is if still married is required to file jointly, cannot file it singly easily with waiver when still married only separated.

He can file with a request for the divorce waiver while the divorce is still pending. USCIS will issue an RFE for the divorce decree when they adjudicate the I-751.

Scroll down to "If You Are In Divorce Proceedings But Are Not Yet Divorced":

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=745218a1f8b73210VgnVCM100000082ca60aRCRD&vgnextchannel=4ca43a4107083210VgnVCM100000082ca60aRCRD

From what the OP posted, their divorce will be final only a couple of weeks after his conditional green card expires. He should have no trouble getting a divorce decree in time to respond to the RFE.

[MamaAsiya 8]

Thank you for the replies!

Just to clarify, if my soon-to-be-ex husband applies for federal means tested benefits, he will be denied unless he has been a PR for 5 years?

And, if he owes me child support, then I can deduct that from the money I owe him?

This is hypothetical to measure my risk - I'm not actually going to pay him. I might take child support if it conteracts the I-864. It's so absurd that physical abuse wouldn't break the 864 and gaurantee deportation.

Edited February 10, 2011 by MamaAsiya

[dolphin1 5]

Thank you for the replies!

Just to clarify, if my soon-to-be-ex husband applies for federal means tested benefits, he will be denied unless he has been a PR for 5 years?

And, if he owes me child support, then I can deduct that from the money I owe him?

This is hypothetical to measure my risk - I'm not actually going to pay him. I might take child support if it conteracts the I-864. It's so absurd that physical abuse wouldn't break the 864 and gaurantee deportation.

As i know, even lots of Americans who apply for benefits, dont get approved let alone immigrants. I dont believe that he will get benefits when he applies.

[VanessaTony 3,567]

It's so absurd that physical abuse wouldn't break the 864 and gaurantee deportation.

Not necessarily. A lot of people lie (not saying you do) so it's unfair to the immigrant to have that clause. It means all the USC needs to do is file abuse charges and bam, the immigrant is gone. You agreed that you knew the person, you asked for permission to get him to the US, and now you need to "pay" to support him so he doesn't become a burden on society..

It's a bad analogy but it's like living with a friend and getting a puppy for yourself.. but then you ask your housemate to pay the vet bills, and food and all that stuff. It's your puppy and you need to be responsible for it. It might be a bad puppy but that doesn't mean you get out of your responsibility... like I said, bad analogy but the comparison stands.

**Edit - doesn't make his behaviour any better and I'm sorry he's a poo-head.

Edited February 10, 2011 by Vanessa&Tony

[MamaAsiya 8]

Not necessarily. A lot of people lie (not saying you do) so it's unfair to the immigrant to have that clause. It means all the USC needs to do is file abuse charges and bam, the immigrant is gone. You agreed that you knew the person, you asked for permission to get him to the US, and now you need to "pay" to support him so he doesn't become a burden on society..

It's a bad analogy but it's like living with a friend and getting a puppy for yourself.. but then you ask your housemate to pay the vet bills, and food and all that stuff. It's your puppy and you need to be responsible for it. It might be a bad puppy but that doesn't mean you get out of your responsibility... like I said, bad analogy but the comparison stands.

**Edit - doesn't make his behaviour any better and I'm sorry he's a poo-head.

You can not simply lie and have someone convicted for domestic violence. Law enforcement requires evidence and it is very very rare for an individual to be falsely convicted. If the government has already determined a violent crime was committed then that should be sufficient for deportation on the basis of moral turpitude.

If you get a puppy and that puppy is overly aggressive, it will be taken by animal control and put to sleep. Just saying.

[MamaAsiya 8]

Not necessarily. A lot of people lie (not saying you do) so it's unfair to the immigrant to have that clause. It means all the USC needs to do is file abuse charges and bam, the immigrant is gone. You agreed that you knew the person, you asked for permission to get him to the US, and now you need to "pay" to support him so he doesn't become a burden on society..

It's a bad analogy but it's like living with a friend and getting a puppy for yourself.. but then you ask your housemate to pay the vet bills, and food and all that stuff. It's your puppy and you need to be responsible for it. It might be a bad puppy but that doesn't mean you get out of your responsibility... like I said, bad analogy but the comparison stands.

**Edit - doesn't make his behaviour any better and I'm sorry he's a poo-head.

I see you wrote "file an abuse charge" which I guess would be more along the lines of an accusation. I agree - that would not be fair.