CFO and the AOS

[novedsac 355]

Hmm, I have not researched past cases. Can an immigrant get unemployment? All depends what her true intentions are but if she say did not show up for work for 3 days without calling or no doctors slip she would be fired, than the support would come into play. I will do some searching...

You and your friend really need to speak with a divorce attorney, because you clearly don't understand how support works.

LPRs are entitled to unemployment insurance, but no one qualifies for unemployment insurance because of a firing with cause or quitting a job. The recipient must meet the qualifications established by the state, which usually revolve around job loss through job attrition, quitting a job due to discrimination, etc.

[Jeff @ Missy 9]

You and your friend really need to speak with a divorce attorney, because you clearly don't understand how support works.

LPRs are entitled to unemployment insurance, but no one qualifies for unemployment insurance because of a firing with cause or quitting a job. The recipient must meet the qualifications established by the state, which usually revolve around job loss through job attrition, quitting a job due to discrimination, etc.

The point is if she does not have income my friend will support her, after she sues of course and he will pay the legal fees most likely. She can lose employment in anyway she wants. For the time being he will stick his head in the sand and hope it does't happen SOON.

The Sponsor’s Obligations

The Form I-864 Affidavit of Support is a legally enforceable contract, meaning that either the government or the sponsored immigrant can take the sponsor to court if the sponsor fails to provide adequate support to the immigrant. In fact, the law places more obligations on the sponsor than on the immigrant -- the immigrant could decide to quit a job and sue the sponsor for support.

Edited April 27, 2014 by Jeff @ Missy

[Caryh 5,206]

The point is if she does not have income my friend will support her, after she sues of course and he will pay the legal fees most likely. She can lose employment in anyway she wants. For the time being he will stick his head in the sand and hope it does't happen SOON.

The Sponsor’s Obligations

The Form I-864 Affidavit of Support is a legally enforceable contract, meaning that either the government or the sponsored immigrant can take the sponsor to court if the sponsor fails to provide adequate support to the immigrant. In fact, the law places more obligations on the sponsor than on the immigrant -- the immigrant could decide to quit a job and sue the sponsor for support.

Your friend really needs to see a lawyer. Attempting to sue and prevailing a two very different things. Quitting a job in order to get the other person to pay you more money, is more likely to backfire than succeed. In any tort case the plaintiff is under an obligation called "Avoidable Consequences". Willfully quitting a job to gain more in a suit, would come under this clause, as the plaintiff would of had no need to sue had they not quit their job. All injured parties are required to mitigate damages.

[novedsac 355]

You just don't get it. Neither does your friend. Keeping his head in the sand will get him burned for sure.

My ex-wife didn't have a job, didn't even have authorization to work in this country, yet the judge awarded her NO alimony and ordered HER TO PAY child support, based on imputed wages. This was based, in part, upon the fact that she was young and healthy and would be CAPABLE of working someday.

From what you have told us, you're friend is in a much better position that I was.

No one who has demonstrated capacity to work is going to be awarded full support by a judge, unless they allow it to happen (poor defense, not understanding the legal proceedings, consulting idiots for advice, etc.)

But if you'd rather just wait for her to be better prepared, then by all means, wait it out based on a hypothetical worst case for which there is little, if any, evidence of ever happening.

[Caryh 5,206]

You just don't get it. Neither does your friend. Keeping his head in the sand will get him burned for sure.

My ex-wife didn't have a job, didn't even have authorization to work in this country, yet the judge awarded her NO alimony and ordered HER TO PAY child support, based on imputed wages. This was based, in part, upon the fact that she was young and healthy and would be CAPABLE of working someday.

From what you have told us, you're friend is in a much better position that I was.

No one who has demonstrated capacity to work is going to be awarded full support by a judge, unless they allow it to happen (poor defense, not understanding the legal proceedings, consulting idiots for advice, etc.)

But if you'd rather just wait for her to be better prepared, then by all means, wait it out based on a hypothetical worst case for which there is little, if any, evidence of ever happening.

Yep, I foresee her moving all the couple's assets to the Philippines, where they will be untraceable. And then divorcing her husband after ROC, including going after support. He'll sit with his head in the sand, not get decent or any representation, and she'll get that support. Then live on easy street, while he lives on ramen noodles for the rest of his life. Even after she returns to work, but continues to collect support. Maybe she'll even have someone else's kid before divorcing him and collect child support off him to.

[Jeff @ Missy 9]

You just don't get it. Neither does your friend. Keeping his head in the sand will get him burned for sure.

My ex-wife didn't have a job, didn't even have authorization to work in this country, yet the judge awarded her NO alimony and ordered HER TO PAY child support, based on imputed wages. This was based, in part, upon the fact that she was young and healthy and would be CAPABLE of working someday.

So your wife was not a LPR then, no GC for working, did she ever enter the USA? Did you ever sign an AOS? Yes he is in better condition due to her working but still this is a huge hammer hanging over his head, and yes he needs to be prepared for when it falls.

Have you read this? There is a detailed document that can be downloaded at the end, a bit overwhelming...

http://www.avvo.com/legal-guides/ugc/demanding-support-payments-under-the-i-864-affidavit-of-support

[Caryh 5,206]

So your wife was not a LPR then, no GC for working, did she ever enter the USA? Did you ever sign an AOS? Yes he is in better condition due to her working but still this is a huge hammer hanging over his head, and yes he needs to be prepared for when it falls.

Have you read this? There is a detailed document that can be downloaded at the end, a bit overwhelming...

http://www.avvo.com/legal-guides/ugc/demanding-support-payments-under-the-i-864-affidavit-of-support

You keep picking your sources and then reading only the parts that feed your fears. Then ignoring the parts which show he need not worry.

From your own link -

"The sponsor promises to provide support equal to 125% of the Federal Poverty Guidelines. This is $14,363 annually ($1,197 per month) for a single individual. The immigrant will be able to collect money from the sponsor only if she does not have another source of income. So if the immigrant is earning $2,000 per month, she will not be able to collect I-864 support from her sponsor."

Even that article says they need to sue, usually in federal court, but some federal courts say they must sue in the local court. This woman is working full time, making over the poverty level. She can not sue for more money and win period. If she quits her job to sue for it, she'll lose the case because she purposely failed to mitigate damages.

[novedsac 355]

You keep referencing articles from lawyer-sponsored web sites.

They're meant to scare the bejesus out of you so that you hire them.

You're a real sucker for advertising.

The only 'hammer over his head' is within his head. It's a little bitty thing that might cause an itch, but that's about it, unless he let's it happen.

Some people have this ability to act on their fears in such a way that their fears play out as expected. I don't really understand it.

Again, your friend needs good divorce consultation. This is where the game is gonna play out.

Edited April 28, 2014 by novedsac