10 year green card

[chaz3414 0]

I plan to divorce my chinese wife who only has her initial green card and is not due for her 10 year card until November, although she can apply sooner than that. My question is can my wife at the divorce proceedings submit form 864 to help her get support from me. I am on disability and that would be rough for me to handle. She is a real mean and manipulative woman. Someone out there must experience what I have. Nice and good to me before green card and then turning into a witch. She goes on these chinese forums where the american chinese american woman share ways to beat the system. I will not support her 10 year green card. Please let me know if you have any knowledge of my question. Thanks!

[Inky 1,110]

I-864 will not get her any support from you. Has no bearing in a divorce.

The I-864 is only if she starts using means tested benefits at which time you would have to pay back the government for the money she gets from them.

[Faith in destiny 0]

Might have to watch out. I have read some posts that some foreign spouses will claim being abused by the USC spouses in order to get waiver. Hope this will not be the case.

Edited May 9, 2011 by Faith in destiny

[rika60607 215]

There had been case law quoted here on VJ, where judges did enforce affidavit of support. These cases are extremely rare though... extremely. To answer your question, yes she can try, but chances of her succeeding at it are not even 1%. Besides, where is she going to get the money for a good lawyer

In addition, I will say it again - if you do not have the money/assets/income... nobody can take it away from you

I plan to divorce my chinese wife who only has her initial green card and is not due for her 10 year card until November, although she can apply sooner than that. My question is can my wife at the divorce proceedings submit form 864 to help her get support from me. I am on disability and that would be rough for me to handle. She is a real mean and manipulative woman. Someone out there must experience what I have. Nice and good to me before green card and then turning into a witch. She goes on these chinese forums where the american chinese american woman share ways to beat the system. I will not support her 10 year green card. Please let me know if you have any knowledge of my question. Thanks!

[belinda63 3,038]

The I-864 has no place in family court. In very, very rare instances I have heard of a civil suit being filed in federal court to force the former spouse to support the immigrant but not something I would lose sleep over.

If you are sure this is what you want to do I suggest you cut all ties to her as soon as possible. I would not put it past her to try something since she has already threatened to file a VAWA claim. I know you still are concerned about her and her son but you must protect yourself first. It sounds like she will take any sign of sympathy or kindness as weakness and exploit it.

Good luck to you.

[Bobby+Umit 161]

I plan to divorce my chinese wife who only has her initial green card and is not due for her 10 year card until November, although she can apply sooner than that. My question is can my wife at the divorce proceedings submit form 864 to help her get support from me. I am on disability and that would be rough for me to handle. She is a real mean and manipulative woman. Someone out there must experience what I have. Nice and good to me before green card and then turning into a witch. She goes on these chinese forums where the american chinese american woman share ways to beat the system. I will not support her 10 year green card. Please let me know if you have any knowledge of my question. Thanks!

Sorry - that is all ready a given.

You signed up for the duration (2yr card, 10 year card) with the 864, regardless of the divorce. (Was part of the AOS)

If she uses any means-tested benefits, the agency (government) may/will come to you to pay.

Unless she becomes an USC, has 40 qtrs of work applied to her, dead, or forgoes LPR status, you are the sponsor - sadly, divorce is not one of the options to get out of it.

As others have stated, the 864 has been used to get support (not just means-tested) - pray you are not one of those cases.

Depending on the state your in, and the laws regarding divorce, you may have to pay alimony. (which the judge could use the 864 in determining how much to give)

[Brother Hesekiel 2,236]

+1.

That's right.

The Affidavit of Support you submitted initially will be enforceable against you until your wife:

1) dies

2) becomes a US citizen (if she desires so)

3) is being deported (why would she?)

4) has paid 40 units (= 10 years if and only if she works full time) into the Social Security system.

There are 2 signatures in the US where you can't bail out:

1) private student loans

2) Affidavit of Support to Uncle Sam.

If your wife doesn't work full time, the Affidavit of Support can potentially put you on the hook for life. That's the bad news. The good news is that if your wife is an upstanding woman, it should not become an issue, ever.

[JimVaPhuong 4,863]

A lot of people are making a lot of assumptions here...

First, the affidavit of support HAS been successfully used to obtain support in a divorce court. It has also been used successfully to obtain support in a civil court. Everything depends on the state you're in. In some states, the family court judge is bound by the state's family law, which may not provide for the consideration of a contract in determining spousal support. However, even in those state's it may be possible to get a judgment in a civil court which is not tied to the divorce settlement. Some state civil courts have refused to hear cases based on the affidavit of support if the case was brought by the immigrant, mainly because the immigrant is a beneficiary of the contract and not a party to it. Even in those states, a judgment can be obtained in a federal court.

The safest assumption is that she may be able to get a judgment against him for support. The I-864 requires ONLY that the sponsor maintain the immigrant at 125% of the poverty guidelines. The poverty guidelines for one person are currently $10,890 per year. 125% of that would be $13,612.50 per year. The I-864 does not require the sponsor to provide this amount in addition to any income the immigrant is already receiving, and no court has ever determined that the sponsor is obligated to do so. Therefore, any income the immigrant receives will be deducted from this amount.

To be honest, $13K per year is not a comfortable living in any state, and in some state's it's barely enough to cover the rent for a small apartment.

To the OP: If you have any evidence whatsoever that she did not enter the marriage in "good faith" then I suggest you collect that evidence now and put it in a safe place. The best defense in a civil suit is leverage.

[Ready to do it 101]

Jim- I have a question that I think you might know the answer.

One of the way the I-864 ends is when the immigrant has 10 years (40 qualifying quarters of work). I have seen where it also says that this could be less depending on whether the spouse or a parent works.

The answers always stop at that. So assuming the immigrant works every year, and assuming the spouse (who was most likely the petitioner and signer of the I-864) works every year. When does it end? Would it then end after 5 years (assuming they both worked every quarter for 5 straight years)? What if they divorce after, lets say, 3 years and then they both continue to work every quarter of every year. Would it end at 5 years in that scenario as well.

Bottom line, I always read where it says the immigrant needs to work for 10 years and it could be less depending on whether the spouse or parent works, but it stops at that. I.e. I never see any explanation of how a spouse or parent working affects this 10 year mark.

Do you know the answers?

A lot of people are making a lot of assumptions here...

First, the affidavit of support HAS been successfully used to obtain support in a divorce court. It has also been used successfully to obtain support in a civil court. Everything depends on the state you're in. In some states, the family court judge is bound by the state's family law, which may not provide for the consideration of a contract in determining spousal support. However, even in those state's it may be possible to get a judgment in a civil court which is not tied to the divorce settlement. Some state civil courts have refused to hear cases based on the affidavit of support if the case was brought by the immigrant, mainly because the immigrant is a beneficiary of the contract and not a party to it. Even in those states, a judgment can be obtained in a federal court.

The safest assumption is that she may be able to get a judgment against him for support. The I-864 requires ONLY that the sponsor maintain the immigrant at 125% of the poverty guidelines. The poverty guidelines for one person are currently $10,890 per year. 125% of that would be $13,612.50 per year. The I-864 does not require the sponsor to provide this amount in addition to any income the immigrant is already receiving, and no court has ever determined that the sponsor is obligated to do so. Therefore, any income the immigrant receives will be deducted from this amount.

To be honest, $13K per year is not a comfortable living in any state, and in some state's it's barely enough to cover the rent for a small apartment.

To the OP: If you have any evidence whatsoever that she did not enter the marriage in "good faith" then I suggest you collect that evidence now and put it in a safe place. The best defense in a civil suit is leverage.

[JimVaPhuong 4,863]

Jim- I have a question that I think you might know the answer.

One of the way the I-864 ends is when the immigrant has 10 years (40 qualifying quarters of work). I have seen where it also says that this could be less depending on whether the spouse or a parent works.

The answers always stop at that. So assuming the immigrant works every year, and assuming the spouse (who was most likely the petitioner and signer of the I-864) works every year. When does it end? Would it then end after 5 years (assuming they both worked every quarter for 5 straight years)? What if they divorce after, lets say, 3 years and then they both continue to work every quarter of every year. Would it end at 5 years in that scenario as well.

Bottom line, I always read where it says the immigrant needs to work for 10 years and it could be less depending on whether the spouse or parent works, but it stops at that. I.e. I never see any explanation of how a spouse or parent working affects this 10 year mark.

Do you know the answers?

Sorry, I missed this post yesterday.

The 40 quarters of work is according to Social Security rules. If the immigrant can be credited with 40 quarters of work through the SSA then the affidavit is no longer enforceable.

According to the current SSA guidelines, a worker receives 1 credit for each $1120 earned in a year, up to a maximum of 4 credits if they earned $4480 or more. The amount of earnings required to earn 1 credit generally changes each year.

I've heard it often said on this website that you get double credits if both you and your spouse are working. I've found no evidence whatever from the SSA that this is true. What I did find is that a spouse who did not earn 40 credits may still be eligible for spousal benefits based on the credits earned by their spouse, but nothing to indicate that one spouse actually accrues extra credits because the other spouse is working.

A divorced spouse may be eligible for benefits based on the credits earned by their ex-spouse if they were married for more than 10 years. They lose that eligibility if they remarry. Again, the divorce spouse doesn't actually inherit the credits of their ex-spouse. What they inherit is eligibility for benefits based on their ex-spouses credits.

I know that the I-864 says that the work of a spouse or parent may add qualifying credits in some cases, but I can't find anything on the SSA site that indicates this is true. I've only seen that someone may be eligible for benefits based a parent or spouses credits. If someone else has seen an actual rule that states otherwise then they'll hopefully post a link to it.

[Ready to do it 101]

Thanks Jim

Sorry, I missed this post yesterday.

The 40 quarters of work is according to Social Security rules. If the immigrant can be credited with 40 quarters of work through the SSA then the affidavit is no longer enforceable.

According to the current SSA guidelines, a worker receives 1 credit for each $1120 earned in a year, up to a maximum of 4 credits if they earned $4480 or more. The amount of earnings required to earn 1 credit generally changes each year.

I've heard it often said on this website that you get double credits if both you and your spouse are working. I've found no evidence whatever from the SSA that this is true. What I did find is that a spouse who did not earn 40 credits may still be eligible for spousal benefits based on the credits earned by their spouse, but nothing to indicate that one spouse actually accrues extra credits because the other spouse is working.

A divorced spouse may be eligible for benefits based on the credits earned by their ex-spouse if they were married for more than 10 years. They lose that eligibility if they remarry. Again, the divorce spouse doesn't actually inherit the credits of their ex-spouse. What they inherit is eligibility for benefits based on their ex-spouses credits.

I know that the I-864 says that the work of a spouse or parent may add qualifying credits in some cases, but I can't find anything on the SSA site that indicates this is true. I've only seen that someone may be eligible for benefits based a parent or spouses credits. If someone else has seen an actual rule that states otherwise then they'll hopefully post a link to it.

[VanessaTony 3,567]

I've heard it often said on this website that you get double credits if both you and your spouse are working. I've found no evidence whatever from the SSA that this is true. What I did find is that a spouse who did not earn 40 credits may still be eligible for spousal benefits based on the credits earned by their spouse, but nothing to indicate that one spouse actually accrues extra credits because the other spouse is working.

A divorced spouse may be eligible for benefits based on the credits earned by their ex-spouse if they were married for more than 10 years. They lose that eligibility if they remarry. Again, the divorce spouse doesn't actually inherit the credits of their ex-spouse. What they inherit is eligibility for benefits based on their ex-spouses credits.

I know I've actually read it. Give me time, I'll try and locate it

[VanessaTony 3,567]

Okay so, on the I-864W it actually mentions "if you are claiming quarters worked by a spouse or parent..."

Also, on page 1 of the I-864 instructions under "exemptions" it also specifies that you may be able to claim credit for spouses or parents work.

Anyway there you go

[Ready to do it 101]

Vanessa & Tony... so have you heard of any cases where this has actually been applied? That was my question. What you have stated is what we all already read. Yet there are no explanations... such as how you can claim credits for a spouses or parents work.

Okay so, on the I-864W it actually mentions "if you are claiming quarters worked by a spouse or parent..."

Also, on page 1 of the I-864 instructions under "exemptions" it also specifies that you may be able to claim credit for spouses or parents work.

Anyway there you go