Divorcing spouse i864 support (Help)

[VanessaTony 3,567]

Not completely true.

The beneficiary can indeed sue directly AFAIK.

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

Yes they can TRY but they're usually not upheld. They can be, but not always.

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

Not completely true.

The beneficiary can indeed sue directly AFAIK.

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

Here is the thread I was talking about.

I am not a Lawyer and neither is the good VJ Samaritan that did the research.

In my opinion, this has more to do with the character and morality of the beneficiary if a lawsuit would be filed.

http://www.visajourney.com/forums/topic/417935-getting-sued-using-i864/

Good luck.

[Brian1967## 119]

If the green card was processed and in the hands of your spouse then I would say yes, but like other members say get a info pass appointment asap and if your letters and if you sent them certified mail and have proof you wanted to withdraw green card you have a prayer otherwise your on the hook for the I 864 I think. However, do not panic as these cases are very rare and VERY expensive for the immigrant spouse to follow up on, most of the time they are in a shelter or some other place, stay away from your spouse even for 5 min do not be alone with him or her to avoid abuse claim. Also I have done a lot of research in the area and it is very confusing. the only cases I have seen in all my research have two things in common 1) Domestic Violence meaning the USC is found guilty of beating his immigrant spouse and 2) one case I found involved adultery (justia web site search for document 8) this case is from April 9, 2012 to wit I quote from the findings of the federal court "the court is not convinced that it has subject matter jurisdiction over this action because 8 U.S.C.*1183a(e) allows the "sponsored alien" to bring a claim "against the sponsor in any appropriate court" As such the court adapts, ratifies, and confirms the Report and recommendation as the opinion of the court" further stated is this Quote "It is well established that family law matters are strictly in the province of state courts. Moreover, federal courts are prohibited from entering "divorce, alimony and child custody orders." This court like other federal courts, simply ill equipped to address the myrid of family law issues that are entwined inextricably in the relief Plaintiff requests in this action" Okay folks this is from a case out of Florida, in your state it is a toss up. However, this is a VERY STRONG statement to other courts in the federal system they are growing tired of some bitter immigrant spouse male or female dragging their former USC spouse into court because the are pissed off and bitter and want "a pound of flesh" for free.

[Brian1967## 119]

the thread I have posted after much research on the I864 and Vanessa and Tony, thanks to sandraj and capri, gowin and all of the support I got, yes they can will it be successful, more than likely no. Our federal system was not set up to handle ANY family law, just think according to the rule of law if a immigrant and a USC divorce, the divorce should take place in federal court because you are dealing with a non US citizen which is the covered by the federal court system, now that being said, imagine this federal judge who has worked his but off his whole life to finally make it to the promised land:) of a lifetime appointment and $2,000 dollars chair to sit in weekends off and bodyguard and all holidays off to sit and hear a divorce case LOL, I would call this returning to your roots LOL. Our federal systems is for large corporations and citizen to have rights and for them to put away the bad guys, which here in Texas for the most part the federal judges focus on the bad guys.

Edited March 25, 2013 by Brian1967##

[Tahoma 2,292]

You filed to remove conditions "together" with your husband.

That filing should have included a copy of both sides of his conditional green card.

Am I missing something here?