My USC Husband Does Not Want to Sign I-864

[McBy 1]

That's interesting.

There was a thread some months back started by a guy who did not wish to complete the I 864, he then came back asking about the waiver, I think a mod closed it.

[Merrytooth 5,748]

There was a thread some months back started by a guy who did not wish to complete the I 864, he then came back asking about the waiver, I think a mod closed it.

Here is the thread. The wife entered with tourist visa though.

http://www.visajourney.com/forums/topic/541694-help-with-vawa/

[Boiler 45,442]

That is the one, a classic, posted as himself then came back and posted as his wife.

Wonder what happened.

Details different but concept similar.

[Lee&Ana 88]

So does he have the money to send you home or not? I wouldn't worry about overstay. Although not recommended, plenty of people don't adjust right away. Kind of makes you realize why he might be divorced once already. Overstay is no big deal if you don't plan to come back here.

[NikLR 13,227]

Waiting for some sort of amnesty … remember, OP has a son who will turn 18yo some day and desire a life of his own. Incidentally, there is no ban on entry for the son as long as he leaves/or is given legal residence prior to his 18th birthday. The ban will affect the OP. Also, the requirement is to leave the US … not necessarily return to the PI. Canada? Mexico?

Please do not suggest someone go stay illegally in another country just because they can't stay in the USA.

[TBoneTX 45,248]

It's quite difficult to contact the Philippine Embassy. Sigh.

Don't limit yourself to the embassy in Washington, DC, if there are satellite consulates elsewhere in the U.S. -- they should be easier to contact.

Look for Philippine-American support groups, because people there might have contacts with the consulates within the U.S.

[novedsac 355]

Please do not suggest someone go stay illegally in another country just because they can't stay in the USA.

I did not suggest she stay legally anywhere. I only stated that the requirement is to leave the US within the allotted timeframe, not necessarily return to her home country. I suggested Mexico and Canada because they are close. I don't know what the requirements are for legal residence in these, or other countries. That would be for the OP to figure out and decide whether she met the regulatory burden or not.

[lysander 14]

The affidavit can, and has been, used to extract alimony from the US citizen spouse after a divorce. That's likely one of his fears, and it's a legitimate one. As someone else mentioned above, he can't force you to take US citizenship, and he can't force you to work and earn the social security credits. You also can't do a post nuptual agreement waiving any claim on that basis, because even the least competent lawyer you'd find would be able to cite duress as your reason for signing the agreement.

In short, the affidavit is a bad move for any US citizen financially. Most of us accept this (although many are not aware just how bad it is), and move on. He's chosen not to, so your only option is to leave the country.

Also, if she were to sign an antenuptial agreement prior to his signing the I-864, the I-864 could be construed as waiving his rights under the antenuptial agreement, if the court applies the logic used in Toure-Davis v. Davis, 2014 LEXIS 42522 (U.S. District Court for the District of Maryland).

[dhyling 0]

So does he have the money to send you home or not? I wouldn't worry about overstay. Although not recommended, plenty of people don't adjust right away. Kind of makes you realize why he might be divorced once already. Overstay is no big deal if you don't plan to come back here.

I don't think so overstaying is not a big deal even if she don't have a plan to come back. OP is trying to make things in legal way and as far as what i understand, staying here illegally is not what she want she came here in a legal ways and why stay in an illegal way? it doesn't make sense. if she only knew it before it happened I'm pretty sure she will never gamble her life to come here especially that she had a son. to stay here illegally will ban your entry in the US for the second time around or 3 years and that is not good. I think the best way is the OP husband will buy tickets and then OP and the son will be stressfree and safe back to the PI. Sorry to hear this story.

Edited April 18, 2015 by dhyling

[asisflyer 47]

Perhaps borrow the money to File AOS without I-864 attached, I don't know if it would be rejected or RFE. If RFE, you maintain your status a while longer during processing and then RFE window.

Maybe the 1 - 2 months needed to work things out. GIVES YOU TIME.

Wondering whether he has to file an I-864 as though its at his personal discretion whether the INA should require this or not; makes me wonder as to whether he has another mental affliction of some sort.

Does he provide money for food? Does he provide food? Is your child getting enough to eat?

How does he treat your son? Are there abuse concerns?

Any recent violence since you confronted him?

[Boiler 45,442]

She is out of status and they married 8 months ago.

[asisflyer 47]

She is out of status and they married 8 months ago.

oops. my bad. I thought I'd seen references to a May deadline.

[deleted this acco 44]

I wonder if this could be considered false imprisonment; for eight months she is probably cooking, cleaning & taking care of this man yet he is hanging a GC over her head. He is insecure & knows if she succeed she will leave him. So in order for him to make sure of that he's going to hold her here illegally. He doesn't even want to move to her country because there she will be free. What a tool!

[BaronB 42]

I wonder if this could be considered false imprisonment; for eight months she is probably cooking, cleaning & taking care of this man yet he is hanging a GC over her head. He is insecure & knows if she succeed she will leave him. So in order for him to make sure of that he's going to hold her here illegally. He doesn't even want to move to her country because there she will be free. What a tool!

With enough money and the right lawyer she could probably fight this man but who has the funds/time to do that? It's very unethical what he has done.

[Ontarkie 14,215]

~~The OP has made it very clear she is not in an abusive relationship and trying to reach for that angle does not help her. She has been given her options and may start a new thread if she needs further help.~~