My wife is having an affair after being married for 4 years

[Caryh 5,206]

All I'm going to say is that the language of support is in there, and I personally would not look at the I-864 lightly.

I wouldn't either. But people make some wild assumptions based on what they think is right in a layman's view, and how the legal world views the same words.

Here's a link to a thread that has a lot of info on this topic, including the all important court case because of it.

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

[Umka36 781]

Here is an article/research by Immigration Lawyer on "Suing on the I-864".

http://www.pugetsoundlegal.net/blog/wp-content/uploads/2014/01/i-864_ssrn_version.pdf

[Umka36 781]

Sorry here is one last link for those interested in reading about this subject.

http://i-864.net.previewdns.com/

[novedsac 355]

Here's another VJ article on the same:

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

It is clear to me that there is NO requirement that a suit be brought in a Federal Court. Indeed, a prudent beneficiary would sue first in State Court, reserving a Federal Court suit as a back-up measure.

It is also clear through legal precedent, as well as the form itself, that the beneficiary IS a party to the contract.

What I see over the past few years is that the legal challenges to avoid responsibility under the I864 are being debunked more often than upheld and it is, in fact, becomming a more robust means of securing support.

The drawback for the beneficiary is that support is at 125% of poverty whilst support relying on state spousal support guidelines can be much greater.

[Caryh 5,206]

Here is an article/research by Immigration Lawyer on "Suing on the I-864".

http://www.pugetsoundlegal.net/blog/wp-content/uploads/2014/01/i-864_ssrn_version.pdf

"It is established that noncitizen-beneficiaries may sue on the I-864 as a contract,

but courts continue to struggle with a myriad of potential defenses. Likewise,

beneficiaries have successfully relied on the I-864 to achieve substantial spousal

maintenance awards, but this is not possible in all jurisdictions"

The red bolded part is a big factor. They can in some locations, but others they cannot. This is what makes things you and I read as laymen so tricky. The courts operate on a totally different set of rules than how we read things, and court precedent plays a huge factor in these kind of cases.

Now I didn't read the entire 27 pages of that document, I also noticed there was talk here about the problems even bringing these cases forward. In the below case, the federal courts won't take it, as they see no cause of action, and the state courts say its a federal law, so they refuse to rule on it.

"Recall that in Winters v. Winters one federal court searched carefully for a private cause of action in the I.N.A. provisions and was able to find none, therefore finding no

federal question jurisdiction.160 By contrast, most courts have appeared to find that suits on the I-864 are based on “federal statute.”"

So most courts jurisdictions are saying you must go to Federal court. Which cost much more and takes much longer than state court, while at the same time, some federal courts are stating beneficiaries can't bring a case. I'd be seriously worried about it living in some states, but in many others its no concern at all.

Edited March 31, 2014 by Caryh

[novedsac 355]

"It is established that noncitizen-beneficiaries may sue on the I-864 as a contract,

but courts continue to struggle with a myriad of potential defenses. Likewise,

beneficiaries have successfully relied on the I-864 to achieve substantial spousal

maintenance awards, but this is not possible in all jurisdictions"

The red bolded part is a big factor. They can in some locations, but others they cannot. This is what makes things you and I read as laymen so tricky. The courts operate on a totally different set of rules than how we read things, and court precedent plays a huge factor in these kind of cases.

So most courts jurisdictions are saying you must go to Federal court.

The red part is in the context of courts that have jurisdiction over spousal support awards.

A suite for support under I864 doesn't have to be under the context of a motion for spousal support in a family court.

Read further throughout the article ... state courts have determined they had jurisdiction and have issued judgements of support. There is plenty of precedent for successful actions within state courts.

Also, be aware of the progression of time when reading through the various decisions ... there seems to be a tendency of the I864 gaining credibility over time.

For now, I think it's likely a ####### shoot whether an award would be made on the basis of the I864 alone. An astute beneficiary would be best served by using it as a negotiating tool in coming to a settlement on spousal support.

[jcalleja 4]

Be careful Pinays have crab mentality someone is probably talking ####### about ur life So u will leve her and be as miserable as her lol

[Mckenziemick 2]

Be careful Pinays have crab mentality someone is probably talking ####### about ur life So u will leve her and be as miserable as her lol

Not really a laughing matter here when it comes to my heart.I find it hard to believe she is miserable ,,she's living in the best of both worlds now.

[mike56427 6]

... nah , .... once a cheater always a cheeter.

before you think about divorce, talk with her, openly. If it is true and why it happened. Maybe there is enough love on both sides to safe your marriage. I wish you all the best.

[Crashed~N2~Me 970]

Not really a laughing matter here when it comes to my heart.I find it hard to believe she is miserable ,,she's living in the best of both worlds now.

You're right...it's not a joke.

What do you mean - "living in the best of both worlds now"..? Is she coming & going as she pleases? His home & yours...?

Please expound....

Edited April 2, 2014 by Crashed~N2~Me

[Messybrownhair 251]

I would not be blinded by my love for her.. She cheated, she shouldnt have the luxury or nerve to ask for space. The fact that she wasnt remorseful is even worse. First thing I would do is get a good lawyer and try to get custody. I think you have a good chance. I'm sorry

[Mckenziemick 2]

You're right...it's not a joke.

What do you mean - "living in the best of both worlds now"..? Is she coming & going as she pleases? His home & yours...?

Please expound....

Yes she has been coming and going as she pleases.She has the new car,makes no household,car,insurance payments.And is still sleeping in his bed.Doing what she wants when she wants.We have a joint counseling apt.on Friday.Say's she'll try to my parents with no emotion.The week she spent away from me was with him.How can you go through counseling to save the marriage when your living with him.

[Mckenziemick 2]

There's not much more for me to say here peoples,Thanks to all those who are sane here for your wisdom and support.

[Merrytooth 5,748]

C'mon, save yourself some pride and dump her

[Crashed~N2~Me 970]

Yes she has been coming and going as she pleases.She has the new car,makes no household,car,insurance payments.And is still sleeping in his bed.Doing what she wants when she wants.We have a joint counseling apt.on Friday.Say's she'll try to my parents with no emotion.The week she spent away from me was with him.How can you go through counseling to save the marriage when your living with him.

I feel bad for you and your daughter.

FWIW - When you break free from this surreal nightmare you are living - you will be stronger and happier. I am sure that doesn't mean squat to you right this moment...but I'm a believer = everything happens for a reason and what doesn't kill us makes us stronger.

Please keep your head high....I suppose you are willing to salvage the marriage & try counseling coz maybe you feel / think you have some culpability in her behavior. If that's correct = then good luck. If it's not correct & you are indeed the victim = then good luck.

Regardless - Good Luck....