Divorce and I-864 - Before ROC (2 year green card)

[WantOut 2]

To make a long sad story short I (the USC) am going to seek divorce. My wife is here on a K1 with her child and things just aren't working out. I have read lots and lots of posts on here in regards to divorce before and after the ROC and 2 & 10 year green cards. One thing that I haven't seen addressed is how that little I-864 (affidavit of support) form comes into play. Our state (not the one I have shown in my profile) laws basically say that no support (alimony) will be given to spouses married under 2 years and rarely given in marriages lasting 3-5 years. But that good ol' I-864 states the USC is responsible for basically 10 years (40 quarters) to keep the petitioner above the 125% poverity line. That would be close to 20K a year in support with her and her kid. Does anyone know how to get out of the requirements of the I-864? Or has anyone or know of anyone that the government has sued a USC to get this support? She has a job that brings her above this level but I am looking at the what if's and she quits her job. That would be close to 2K a month in support. I know there are going to be haters out there that will tell me to step up to my responsiblities and I signed the form but I am just looking at the realities here. Even in US marriages that last 10 or more years, most spouses don't get 2k a month in support. Any thoughts? Ideas? My next step is to talk with an immigration attorny.

[Ryan H 3,834]

You've misread the obligation of the I-864. If the beneficiary (in your case, your soon to be ex) were to obtain means tested benefits from the government, then the government can seek to recoup those costs from you, the sponsor. That's all, it has nothing to do with family law as that is a state issue.

Now with that being said, the I-864 remains in force until one of the following occurs:

• Beneficiary becomes a US Citizen
• Beneficiary is credited with 40 quarters of work
• Beneficiary is deported or beneficiary voluntarily leaves US and surrenders green card
• death of one of the parties

[DeWayne&CeCy 6]

Death of one of the partys ??? I would have left that one out......just saying

[newacct 688]

Alimony and I-864 obligations are separate. The immigrant can sue the ex-spouse for the support, if they are not making 125% poverty level. Just hope she does not stop working.

[VanessaTony 3,567]

Alimony and I-864 obligations are separate. The immigrant can sue the ex-spouse for the support, if they are not making 125% poverty level. Just hope she does not stop working.

It's my understanding it needs to be filed in the Supreme Court or something as well and is REALLY expensive to file.

[belinda63 3,047]

It would have to be filed in federal court and takes a few years and lots of dollars.

[WantOut 2]

I know alimony and the I-864 was seperate. Maybe I confused things by adding too much in the original post. I thought if she receives any sort of governement support then the government could come after me to collect it. Is that not true? Maybe I am making this more complicated then it seems. She has no finacial means to be hiring a lawyer or filing anything to a higher court. But she is smart enough to search out all her options. I am also unclear to the rest of the process for her removal of conditions.

So currently she is on the 2-year green card which is up March 2014. Is this were the removal of conditions takes place or is this the time she is applying for the 10-year green card or is it the same thing? Also is another I-864 submitted at this time? I understand she can petition the USIC on her own after the divorce but it can be difficult. The only things in our two names is a bank account we never use and the rental lease that I have the papers for. I don't care is she stays in the country if that is her wish but all I am trying to do is protect my future.

I was thinking of calling and/or writing the UCIS to request the removal of the I-864 and to notify them of the divorce but I have heard that it is pretty much useless. I am a very creative writer (eventhough it doesn't show hear) in which I could tell them why I am doing this. They then could determine if they think this case is fraud or not.

[Pitaya 2,577]

Death of one of the partys ??? I would have left that one out......just saying

IMO, Ryan H's response is thorough and concise.

That situation is expressly listed in the Form I-864, see page 8 of the official form:

http://www.uscis.gov/files/form/i-864.pdf

[belinda63 3,047]

You can't withdraw the i-864......period. It is a done deal, you are on the hook until she meets the requirements releasing you from it.

If she or the child use means tested benefits you could be contacted by the US government to pay them back.

[WantOut 2]

Belinda thanks....That is what I have been reading. It also states that she can sue. But you also stated above that it could take years and lots of $$$ of which the legal fees are on the person signing it at well. That is kind of a messed up situation. Unless the signee can claim fraud then they are screwed for 10 years. There is something wrong about that.

[newacct 688]

So currently she is on the 2-year green card which is up March 2014. Is this were the removal of conditions takes place or is this the time she is applying for the 10-year green card or is it the same thing? Also is another I-864 submitted at this time? I understand she can petition the USIC on her own after the divorce but it can be difficult. The only things in our two names is a bank account we never use and the rental lease that I have the papers for. I don't care is she stays in the country if that is her wish but all I am trying to do is protect my future.

Yes, removal of conditions is the process where she gets the 10-year green card. If she is divorced, she does not have to wait until the 2 years is almost up. She can file immediately after the divorce is final. No, she does not need another I-864. That was just when applying for a green card.

I was thinking of calling and/or writing the UCIS to request the removal of the I-864 and to notify them of the divorce but I have heard that it is pretty much useless. I am a very creative writer (eventhough it doesn't show hear) in which I could tell them why I am doing this. They then could determine if they think this case is fraud or not.

Once the immigrants gets a green card, the I-864 cannot be withdrawn.

Belinda thanks....That is what I have been reading. It also states that she can sue. But you also stated above that it could take years and lots of $$$ of which the legal fees are on the person signing it at well. That is kind of a messed up situation. Unless the signee can claim fraud then they are screwed for 10 years. There is something wrong about that.

It's not just 10 years. If she doesn't work and doesn't become a citizen, it lasts forever.

You knew the risk you were taking when you signed it.