Ex Husband Threatening to Apply for Food Stamps

[foodstampsquestio 0]

I brought my exhusband and step-daughter to the USA on CR1/CR2 visas over a year ago. They both received 10 year green cards. We have now been divorced for 3 months (abusive marriage). He always promised me that he wouldn't apply for any mean-tested benefits (such as food stamps) even if things didn't work out since I signed the Affidavit of Support for them. He is now angry at me (for a billion reasons) and he is saying that he is going to apply for food stamps.

What is the likelihood that he'll actually be approved for food stamps with his immigrant status? And is this something that the US government will really sue me for?

I'm freaking out!

[Mollie09 1,543]

I brought my exhusband and step-daughter to the USA on CR1/CR2 visas over a year ago. They both received 10 year green cards. We have now been divorced for 3 months (abusive marriage). He always promised me that he wouldn't apply for any mean-tested benefits (such as food stamps) even if things didn't work out since I signed the Affidavit of Support for them. He is now angry at me (for a billion reasons) and he is saying that he is going to apply for food stamps.

What is the likelihood that he'll actually be approved for food stamps with his immigrant status? Depends on the laws of his city/state. Probably.

And is this something that the US government will really sue me for? Can they? Yes, you signed a contract saying you would pay them back if your ex did. Sponsorship is serious business.

Will they? Probably not.

I'm freaking out!

[IcezMan_IcezLady 582]

This is exactly why I hate to hear alien spouses complain about how they have sacrificed more than the USC.

Look at how dirty someone can get...Speak to a lawyer on whether you can sue him..Or if there's something you can do legally to remedy the damage should he file.

I don't know if this constitute a blackmail. Blackmail is illegal. Just talk to a lawyer

[kzielu 1,149]

What is the likelihood that he'll actually be approved for food stamps with his immigrant status? And is this something that the US government will really sue me for?

I'm freaking out!

He has permanent resident status, no reason for him to not be approved. As for the lawsuit question, I don't know but those seem rare....

[IcezMan_IcezLady 582]

Your husband has to be a citizen to qualify for SNAP (foodstamps) for himself but since there are kids (aliens under 18 yrs of age) involved,they can get foodstamps. If he gets WIC, it shouldn't affect you.

http://www.fns.usda.gov/snap/snap-policy-non-citizen-eligibility

[subwayguy 100]

This is exactly why I hate to hear alien spouses complain about how they have sacrificed more than the USC.

Look at how dirty someone can get...Speak to a lawyer on whether you can sue him..Or if there's something you can do legally to remedy the damage should he file.

I don't know if this constitute a blackmail. Blackmail is illegal. Just talk to a lawyer

sacrifice or not, it is totally to each of his/her own.

and how is applying for social welfare programmes blackmailing?

[Cheezees 1,514]

I brought my exhusband and step-daughter to the USA on CR1/CR2 visas over a year ago. They both received 10 year green cards. We have now been divorced for 3 months (abusive marriage). He always promised me that he wouldn't apply for any mean-tested benefits (such as food stamps) even if things didn't work out since I signed the Affidavit of Support for them. He is now angry at me (for a billion reasons) and he is saying that he is going to apply for food stamps.

What is the likelihood that he'll actually be approved for food stamps with his immigrant status? He can be approved. However, that does not mean he will be. An immigrant cannot just get means-tested benefits at a whim just to spite the sponsor(s). Is he eligible to receive them? I mean Donald Trump can apply for them but that does not mean he will get a dime.

And is this something that the US government will really sue me for? Yes, you signed the Affidavit of Support. There are no clauses that say "...but if you divorce, you're off the hook...". There is always the possibility of divorce (which USCIS does not care about) so that is why the Affidavit is independent of whether or not things worked out.) However, USCIS extended residency to someone you vouched for and wanted to come here and you promised to take care of his upkeep. What makes it really tough is that he turned out to be abusive, which you did not want nor asked for.

I'm freaking out!

Good luck!

[Unlockable 7,315]

There is nothing wrong with the ex-husband applying. The OP sign the affidavit and it is a standing legal document.

When you say "He always promised me that he wouldn't apply for any mean-tested benefits", was it a mutual agreement? A verbal agreement against a written legal agreement holds no water.

He is free to apply.

Good luck to you.

[dandk 72]

I brought my exhusband and step-daughter to the USA on CR1/CR2 visas over a year ago. They both received 10 year green cards. We have now been divorced for 3 months (abusive marriage). He always promised me that he wouldn't apply for any mean-tested benefits (such as food stamps) even if things didn't work out since I signed the Affidavit of Support for them. He is now angry at me (for a billion reasons) and he is saying that he is going to apply for food stamps.

What is the likelihood that he'll actually be approved for food stamps with his immigrant status? And is this something that the US government will really sue me for?

I'm freaking out!

I-864 is enforceable. Both your ex-husband and the US government can sue you. You ex-husband can sue you for financial support in Federal court. If he lives in Florida, he can sue you at the State level.

8 U.S.C. § 1183a(e)(I) statue of I-864 stated,

[a]n action to enforce an affidavit of support… may be brought against the sponsor in any appropriate court… by a sponsored alien, with respect to financial support.

Another word, your ex can make your live more miserable by hiring shady lawyer to file lawsuit against you at the Federal court for financial support.

[dandk 72]

One more thing, Form I-865.

This is the form seldom mentioned or asked in VJ. This is a form for change of address for SPONSORS of I-864. It's the requirement to let USCIS knows of new address of the SPONSORS. This is how the US government can track you down to collect if mean tested benefit was issued for the immigrant that you sponsored.

Failure to file I-865 within 30 days of moving can face fine from $250 to $2000.

https://www.uscis.gov/i-865

[IcezMan_IcezLady 582]

sacrifice or not, it is totally to each of his/her own.

and how is applying for social welfare programmes blackmailing?

He is "threatening to apply for foodstamps"

The "threat" makes it a blackmail..

He is within his right to apply for public assistance but to use it as a bargaining power by threatening is not right.

Edited July 7, 2016 by IcezMan_IcezLady

[Deagle 508]

You stated that your ex-husband is angry at your for "a billion reason''. I don't know what the reasons are, but It looks like he is trying to retaliate or revenge for something. If that's the case, then I suggest that you talk to him and get things fixed and avoid all these problems.

[subwayguy 100]

There is nothing wrong with the ex-husband applying. The OP sign the affidavit and it is a standing legal document.

When you say "He always promised me that he wouldn't apply for any mean-tested benefits", was it a mutual agreement? A verbal agreement against a written legal agreement holds no water.

He is free to apply.

Good luck to you.

even if it is written, it is not enforceable.

He is "threatening to apply for foodstamps"

The "threat" makes it a blackmail..

He is within his right to apply for public assistance but to use it as a bargaining power by threatening is not right

hmmmmmm, let's say, this is something very unique to hear.

[jeessgb 57]

This is exactly why I hate to hear alien spouses complain about how they have sacrificed more than the USC.

Look at how dirty someone can get...Speak to a lawyer on whether you can sue him..Or if there's something you can do legally to remedy the damage should he file.

I don't know if this constitute a blackmail. Blackmail is illegal. Just talk to a lawyer

Marriages fail. Immigrant or not. And when there's resentment in between, one or both will sometimes try to hurt the other one with whatever it's at hand. Let it be kids, money, family. In this case it's immigration benefits. That doesn't mean bad things wouldn't happen if she had married a USC.

[foodstampsquestio 0]

Thank you everyone for your replies. After speaking with his mom (who he lives with), I don't think he'll actually even try to apply. He was probably just using this as a manipulation tactic to try to get me to send him money. We actually do have it written into our divorce decree that he will not apply for government assistance and that he will be held responsible if he does. I'm not sure that would hold up in court but it's better than nothing!