Wife Not Sign Divorce

[TedLor 0]

Hello all Im new here, I dont know if this is the correct section to post this things bothered in my mind... I have a bf...For make the long story short this like goes He filed a divorced with his wife before we meet personally, his attorney send the divorce paper to his wife to let it sign but the problem is the wife will not sign on it coz she wants to bring it in court to ask him to support her car fees in other words shes after the 1-864 affidavit of support.....

Yes Im talking the 1-864 affidavit of support, the wife is(filipina)...and now the wife is using his own attorney....the wife now is working with her own.she has a conditional green card and came in the states as K1 visa.

were planning to get married but this will not happen its because of this...Pls help us what we gonna do....Pls enlighten us about this 1-864? If the wife will bring this into court how much would be the possible money to support the wife (they have no kids)? and how long would be the ruling in this matter into court?

Thank You and Godbless Us All

[Choo.143 3]

Hello all Im new here, I dont know if this is the correct section to post this things bothered in my mind... I have a bf...For make the long story short this like goes He filed a divorced with his wife before we meet personally, his attorney send the divorce paper to his wife to let it sign but the problem is the wife will not sign on it coz she wants to bring it in court to ask him to support her car fees in other words shes after the 1-864 affidavit of support.....

Yes Im talking the 1-864 affidavit of support, the wife is(filipina)...and now the wife is using his own attorney....the wife now is working with her own.she has a conditional green card and came in the states as K1 visa.

were planning to get married but this will not happen its because of this...Pls help us what we gonna do....Pls enlighten us about this 1-864? If the wife will bring this into court how much would be the possible money to support the wife (they have no kids)? and how long would be the ruling in this matter into court?

Thank You and Godbless Us All

Taken from the Instructions of the Form I-864

How Long Does My Obligation as a Sponsor Continue?

Your obligation to support the immigrant(s) you are sponsoring in this affidavit of support will continue until the sponsored immigrant becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work in the United States.

Although 40 qualifying quarters of work (credits) generally equate to ten years of work, in certain cases the work of a spouse or parent adds qualifying quarters. The Social Security Administration can provide information on how to count qualifying quarters (credits) of work.

The obligation also ends if you or the sponsored immigrant dies or if the sponsored immigrant ceases to be a lawful permanent resident and departs the United States. Divorce does not end the sponsorship obligation.

[Ryan H 3,821]

Moved from Off Topic to Effects of Major Family Changes on Immigration Benefits.

The I-864 is a contract between the sponsor and the US Government that the immigrant will not become a public charge. Should the immigrant obtain means tested benefits (i.e. become a public charge) then the US Government can file suit against the sponsor to recoup costs. The I-864 is enforceable until one of the following instances spelled out in the prior post happens.

As far as alimony, child support, etc. in regards to a divorce go, those are issues defined by family law of each individual state and have nothing to do with the I-864. An order to pay alimony would be based on applicable family law, not the I-864.

[VanessaTony 3,567]

It is POSSIBLE that she could be awarded 125% of the poverty line for her household size (1) which is around $14000, less any money that she makes herself. It honestly depends on your state, her lawyer, your lawyer and the judge... among other things of course.

More people are denied this support than are approved it (at the moment) but that doesn't mean the risk isn't still there. Hopefully you have a lawyer good enough to point out the contract is between him and the US government and she isn't a party to it (didn't sign it or anything) but you never know.

[Sandra G. 5,057]

I-864 IS NOT enforceable in family divorce court. Only the federal government can enforce it if the sponsored immigrant receives certain means tested government benefits. It's a contract between the Sponsor and the U.S. Government, but despite that there was one case the federal court ended up enforcing the affidavit and ordered the husband to maintain his ex wife at 125% of the poverty income level as required by the Affidavit of Support,check it out the case of Stump v. Stump, 2005 U.S. Dist. LEXIS 26002 (October 25, 2005)).

Edited June 2, 2012 by sandranj

[VanessaTony 3,567]

I-864 IS NOT enforceable in family divorce court. Only the federal government can enforce it if the sponsored immigrant receives certain means tested government benefits. It's a contract between the Sponsor and the U.S. Government, but despite that there was one case the federal court ended up enforcing the affidavit and ordered the husband to maintain his ex wife at 125% of the poverty income level as required by the Affidavit of Support,check it out the case of Stump v. Stump, 2005 U.S. Dist. LEXIS 26002 (October 25, 2005)).

There's been several cases of a divorce court using the I-864 (though I completely agree they shouldn't) when determining supportw. There was a thread that Jim posted a few links I believe but either way, it's a scary form and people should pay more attention to who they're marrying. I would NEVER use this form against my husband, ex or otherwise, because it's completely selfish, but not everyone is the same.