Divorcing spouse i864 support (Help)

[ballerina12 0]

I would like to speak privately with someone regarding this issue. I want to divorce my spouse after 2.7years of marriage and we did file to remove the conditions together while married. However he wants to come after me for I864 support? I thought this was a means tested benefit not something he is pesonally going to be paid by me to him, and that the contract was with the government and myself. I have written multiple letters to withdraw my petition as 3 years later online it states my i130 is still pending. Can anyone point me in the right direction? My spouse has been arrested for domestic violence in the past, and also a violation of a restraining order. I do not want to go to the divorce and have them tell me I owe my spouse any money if it really is means tested benefits.

[NigeriaorBust 4,087]

Are you the USC ?

[ballerina12 0]

I'm the USC, I called the 1800 they see that I withdrew my petitions THREE times before it was 'approved' so they falsely approved this I=130 she told me to make an infopass appointment, as someone "dropped the ball" she said in this case, because my petitions were well withdrawn.

[newacct 688]

I don't wish to be harsh, but I believe that this is all on the I-864 form. It says that divorce does not end the obligations ("When Will These Obligations End?"). It also says that your obligation is to provide the immigrant with enough support to maintain their income at 125% poverty level ("What Does Signing the Form I-864 Require Me to do?"), and that if you don't, the immigrant can sue you ("What If I Do Not Fulfill My Obligations?").

[Darnell 8,479]

I have written multiple letters to withdraw my petition

if any of these letters were dated prior to the green card issuance, then you have some hope.

You can go over this and the letters with the IO at the Infopass appointment.

If the I-864 was withdrawn, really, as a result of the petition being withdrawn (retro-actively)

then you might have some good hope of no I-864 'enforcement'.

Good luck at the infopass appointment !

[NigeriaorBust 4,087]

Many immigrants that come for a green card also have the intent on leaving shortly after they arrive. Many have been coached that the I864 establishes a level that the US resident spouse has pre agreed level of support. The current I 864 actually contains words to this effect If you do not provide sufficient support to the person who becomes a permanent resident based on the Form I-864 that you signed, that person may sue you for this support.

However having the right to sue does not mean they will be awarded what the seek. The immigrants own earning ability should be used to reduce the amount and as a divorced person the house hold size is 1 so it reduces the amount. A good divorce would arguee that the immigrant should be able to work at least past time at minimum wage which would be about half the required amount even in states that follow the standard. If the immigrant has a full time job your exposure should be 0.

The whole discussion is void if they find you correctly withdrew your affidavit

I also hopr you sent ICE information about his arrests and dv as those will get him deported and end your affidavit also.

[newacct 688]

if any of these letters were dated prior to the green card issuance, then you have some hope.

I am really confused by the OP's post, as it says that they "filed to remove conditions", which means that the green card has already been issued for 2 years. Yet it also says that their "I-130 is still pending"

[Darnell 8,479]

ya, sorry, i missed a step or two .

let's see what's what, when the OP returns.

[ballerina12 0]

This is a complicated situation i went and withdrew my petitions in 2011 called and confirmed by an IO (they actually see it withdrawn 3x) however they approved it anyway AFTER they received my withdraw requests thus giving the spouse the two year GC. Went to remove conditions 6 months ago apparently spouse still hasn't received 10year.

If the USCIS does things like this in error, which is a big error will they honor my withdraw requests since they should have been since they received 3 in writing before issuance of the two year?

[Penguin_ie 5,996]

To clarify: you sent withdrawal requests, they approved the I-130/I-864 anyways, but later on you and your husband got back together and you filed to Remove Conditions together?

Edited March 19, 2013 by Penguin_ie

[JohnR! 5,495]

I would like to speak privately with someone regarding this issue. I want to divorce my spouse after 2.7years of marriage and we did file to remove the conditions together while married. However he wants to come after me for I864 support? I thought this was a means tested benefit not something he is pesonally going to be paid by me to him, and that the contract was with the government and myself. I have written multiple letters to withdraw my petition as 3 years later online it states my i130 is still pending. Can anyone point me in the right direction? My spouse has been arrested for domestic violence in the past, and also a violation of a restraining order. I do not want to go to the divorce and have them tell me I owe my spouse any money if it really is means tested benefits.

The I-864 does not provide grounds for him to demand any money from you. You are correct in that the affidavit of support is a document that you will reimburse the USGovernment if your spouse were to draw welfare or make use of other means tested benefits. You have no need to worry that your husband will use it as a means to get money from you, directly.

However, common finances, alimony or other division of assets may come into play depending on the state where you live, so you would be better off to hire a divorce lawyer to represent you, in case things get ugly.

Good luck!

[del-2-5-2014 1,339]

The I-864 does not provide grounds for him to demand any money from you. You are correct in that the affidavit of support is a document that you will reimburse the USGovernment if your spouse were to draw welfare or make use of other means tested benefits. You have no need to worry that your husband will use it as a means to get money from you, directly.

However, common finances, alimony or other division of assets may come into play depending on the state where you live, so you would be better off to hire a divorce lawyer to represent you, in case things get ugly.

Good luck!

Not completely true.

The beneficiary can indeed sue directly AFAIK.

I'll research the thread that a member posted on his findings.

[JohnR! 5,495]

Not completely true.

The beneficiary can indeed sue directly AFAIK.

I'll research the thread that a member posted on his findings.

Thanks... I didn't know that...

[Darnell 8,479]

This is a complicated situation i went and withdrew my petitions in 2011 called and confirmed by an IO (they actually see it withdrawn 3x) however they approved it anyway AFTER they received my withdraw requests thus giving the spouse the two year GC. Went to remove conditions 6 months ago apparently spouse still hasn't received 10year.

If the USCIS does things like this in error, which is a big error will they honor my withdraw requests since they should have been since they received 3 in writing before issuance of the two year?

if, in fact, those withdrawal requests exist, then is possible to get with an IO or ICE human during a local infopass and seek some correction about all of this.

IMO, USCIS will not understand why the ROC paperwork was filed, when the withdrawals were submitted prior to first green card issuance (2 year card) so you need to focus on that a lot, at the infopass appointment.

[Shiobhan 235]

Yes Y was ROC filed? second if he has arrests for spouse abuse call ICE they seem to move quickly and that takes care of that.

Call everyday, get copies of arrests and send to them.