Support from the husband who signed i-864 and separation

[Ian H. 207]

Lol I wasn't offended and I wasn't trying to offend you either. The thing is that I had a heated discussion about this already so I didn't want to impose my thoughts on anyone. In any case I only suggested that people look this up on their own instead of taking my word for it.

[Villanelle 4,122]

If you are getting divorced, that may qualify as a "major life event", but I'm not sure if you have be in divorce proceedings or if it has to be final, you may want to find out in your state's health exchange. You should apply for health coverage because you don't know what you may qualify for.

Also I would just like to note since others mentioned this and I'm not telling you whether you should do it or not, I'm just pointing out a fact, the I-864 does give you the right to sue your husband for support.

This is a lawsuit separate from divorce and is solely based on the I-864. People were incorrect in saying that the form is only for the government to sue for benefits you receive, I verified this by reading the I-864 again and I know there have been lawsuits against sponsors, but mostly from an ex spouse.

Hmm, I didnt see anyone specifically mentioning in this thread things like the 864 is ONLY for the gov to sue to collect back benefits you receive and/or you can not sue your spouse or use it in the divorce.

I mean the benefit part was the only part addressed because its the only part that applies to her. Like Ontarkie said- suing him for support or asking for alimony isnt going to go anywhere when hes got no job, hasnt been holding jobs during the marriage, has no prospects of a job etc. Plus the fact is they have been separated for TWO YEARS already. They have no kids, she has a college degree, I mean the list goes on and on why she is quite capable of providing for herself. Its not going to fly in front of a judge. Sure its tough- its like that for A LOT of people, citizens, residents, non residents. Its a bad time economically.

I personally dont really see the point in throwing useless but correct facts at people. Why flood someone with information that is useless to them?

Can you please provide us with links of your sources? Law can be interpreted differently, and if you have links of any successful court cases that would help other posters to be able to help others in the future.

Until sources are cited, I'm afraid this is just going to be considered a case of "I saw a naked man on a flying unicorn once". (I really did!)

Dude there are tons of sources. Try google. Try the search bar on here.

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

^ this was being bumped to keep it on page 1-2 of the forums but got lost again.

On a side note its kinda amusing how biased Americans are. We are so certain that we are the promised land and that everyone wants to come here and oh my gosh the thought of someone wanting to leave!! We just cant fathom it. Give up your residency?? Are you crazy? Your precious American residency?!? To go to... Mexico? Sure you have no family here, no support system, no friends, no job- at least not one youd consider a career. But this is the USA and thats... Mexico.

Eh, but I do agree if she can hang in there and file for citzenship before leaving its a smart move. Mexico allows for dual citzenship. So all its going to cost her is a little money and some time. The potential future opportunities is definitely worth it.

[Ian H. 207]

I wasn't flooding the OP with useless info, I was stating a fact that does apply to her. In any case I wasn't suggesting that she sue her husband, which I clearly spelled out.

Furthermore, I'm getting the vibe that people seem to be confusing support under the I-864 with alimony, two completely different things. The legal basis to sue under the I-864 is not the same required for alimony. To sue under the I-864, she only has to prove that she isn't being supported at 125% of the poverty level.

In any case I'm not arguing any merits in her case, but rather letting her know her options. Therefore, my info isn't useless, because only she can decide if she will use that info or not, my intention here is only to let her know what her rights are. No one on here can't tell her that she can't sue or that she won't get anything out of it, that's only for a judge to determine.

There is a difference between being able to sue, known as standing, and the merits of your case.

[d3adc0d3 186]

Hmm, I didnt see anyone specifically mentioning in this thread things like the 864 is ONLY for the gov to sue to collect back benefits you receive and/or you can not sue your spouse or use it in the divorce.

I mean the benefit part was the only part addressed because its the only part that applies to her. Like Ontarkie said- suing him for support or asking for alimony isnt going to go anywhere when hes got no job, hasnt been holding jobs during the marriage, has no prospects of a job etc. Plus the fact is they have been separated for TWO YEARS already. They have no kids, she has a college degree, I mean the list goes on and on why she is quite capable of providing for herself. Its not going to fly in front of a judge. Sure its tough- its like that for A LOT of people, citizens, residents, non residents. Its a bad time economically.

I personally dont really see the point in throwing useless but correct facts at people. Why flood someone with information that is useless to them?

Dude there are tons of sources. Try google. Try the search bar on here.

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

^ this was being bumped to keep it on page 1-2 of the forums but got lost again.

On a side note its kinda amusing how biased Americans are. We are so certain that we are the promised land and that everyone wants to come here and oh my gosh the thought of someone wanting to leave!! We just cant fathom it. Give up your residency?? Are you crazy? Your precious American residency?!? To go to... Mexico? Sure you have no family here, no support system, no friends, no job- at least not one youd consider a career. But this is the USA and thats... Mexico.

Eh, but I do agree if she can hang in there and file for citzenship before leaving its a smart move. Mexico allows for dual citzenship. So all its going to cost her is a little money and some time. The potential future opportunities is definitely worth it.

Yes I could've "Googled" but when others search for a thread looking for answers, and sources are cited and linked, it makes a difference when relevant advice is given, not to mention the ability for others to research the subject more. They can search too, but I personally believe (as a very fact-driven individual) that having the sources cited and linked on a page adds more credential and validity to people's claim. I try to link any sources on a subject that someone questions my basis on so people can educate themselves further if they so desire. It's just a courtesy I was asking of the individual who posted the information.

I wasn't flooding the OP with useless info, I was stating a fact that does apply to her. In any case I wasn't suggesting that she sue her husband, which I clearly spelled out.

Furthermore, I'm getting the vibe that people seem to be confusing support under the I-864 with alimony, two completely different things. The legal basis to sue under the I-864 is not the same required for alimony. To sue under the I-864, she only has to prove that she isn't being supported at 125% of the poverty level.

In any case I'm not arguing any merits in her case, but rather letting her know her options. Therefore, my info isn't useless, because only she can decide if she will use that info or not, my intention here is only to let her know what her rights are. No one on here can't tell her that she can't sue or that she won't get anything out of it, that's only for a judge to determine.

There is a difference between being able to sue, known as standing, and the merits of your case.

I agree that it was relevant, I think it's unlikely that the judge would order it since he's essentially broke -- however if his parents co-sponsored; they could be liable. In addition others who may search a similar issue and find this thread may find it useful information.

Many people ask if they can sue for alimony based on the I-864; not everyone is familiar with the legal process and legal speak. I'm no lawyer but I've spent YEARS in and out of family court with my ex husband, and business court with an ex employer. I got mighty familiar.

[Villanelle 4,122]

I wasn't flooding the OP with useless info, I was stating a fact that does apply to her. In any case I wasn't suggesting that she sue her husband, which I clearly spelled out.

Furthermore, I'm getting the vibe that people seem to be confusing support under the I-864 with alimony, two completely different things. The legal basis to sue under the I-864 is not the same required for alimony. To sue under the I-864, she only has to prove that she isn't being supported at 125% of the poverty level.

In any case I'm not arguing any merits in her case, but rather letting her know her options. Therefore, my info isn't useless, because only she can decide if she will use that info or not, my intention here is only to let her know what her rights are. No one on here can't tell her that she can't sue or that she won't get anything out of it, that's only for a judge to determine.

There is a difference between being able to sue, known as standing, and the merits of your case.

Hmm. I guess we'll have to agree to disagree then.

IMO its useless to advise somebody of something that doesnt apply to them practically. Sure 100% she has every right to sue. But practically? Nope. You may not be arguing the merits of her case- but I am and she dosent have a leg to stand on. Theyve been separated for 2 years, they have no kids, she has a college degree. No judge is going to order support for her.

And before this gets all huffy types of responses like how dare you- only a judge can make decisions- who do you think you are. I will fully acknowledge that it does come down a judges ruling at the end. But Im talking common sense and practicality vs the letter of the law.

If one reads through Benders Immigration Bulletin which was linked in the above thread on the 864- its a comprehensive look at court rulings in which support was sought. Some granted, some not.

Apply the knowledge you gain reading the bulletin and youll see she has little merit to successfully suing.

So for me its like- why tell somebody something that they wont be able to utilize? Just... because? Because you know it and its a legal fact. Its irregardless that its a dead end for them. Just pile it on to add to their confusion.

----------

Anyway. I dont think the OP is specifically looking for money from the ex, or for someone to support her as was suggested in the thread. (although money is an issue).

She expressed frustration at the fact that the husband is back living with his mommy and daddy and they have now given her some attitude about not wanting her around because they are supporting him and thats enough. The parents position is probably something along the lines of they have to take their son - because hes their son, but her they can write off.

Maybe they still have intermingling finances. Maybe he's sucking off his parents and blaming her. Whatever the case the parents gave her attitude and she wants to 'scream at them'- hey you promised to support me when I came from Mexico, now do it.

Can she scream that at them? Sure. Is it going to mean anything? Nope. Can she print out successful cases of the 864 being used, stick it in their mailbox and threaten to sue them? Sure. But its going to do nothing but cause drama.

She says she has panic attacks and anxiety. So not really a good idea to intentionally cause drama. Esp drama thats just drama and no results or benefits.

[TBoneTX 45,663]

why tell somebody something that they wont be able to utilize? Just... because? Because you know it and its a legal fact. Its irregardless that its a dead end for them. Just pile it on to add to their confusion.

The above goes to the heart of what VJ members want and need. Clear, practical advice is of far greater value than esoteric, theoretical musings that muddy the waters. Please limit the latter in favor of the former, and not just in this thread. No one cares how smart anyone looks -- the paramount issue is that advice is practical and of true use.

Edited October 18, 2014 by TBoneTX

[xmgirl 4]

Well I again thanks for the replies anyways.

It just seems to difficult to keep with all of these. I reallly get tired and so sick of all of this. I wonder why they have not created a thread called "Resigning to Permanent Residency and returning happily to your origin country".

Nobody knows where this country is going to be in the future. With all of the economy crashing and I really have more trust in the emerging markets. And more and more I understand why many us citizens resign and move abroad...

Edited October 19, 2014 by xmgirl

[Ortolan 381]

Divorce this guy, get a job, ANY job, and file for U.S. Citizenship. You've invested a lot of time in the process already (and in this deadbeat husband).

Make that time worth something. If you have U.S. citizenship your opportunities increase.