Ex Husband Threatening to Apply for Food Stamps

[IcezMan_IcezLady 582]

He "threatened" OP with her obligation to support him and his child? Sure.

His "right" to support was sealed when the OP signed the affidavit of support. Let's review what that means according to USCIS:

https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support

Responsibilities as a Sponsor

When you sign the affidavit of support, you accept legal responsibility for financially supporting the sponsored immigrant(s) generally until they become U.S. citizens or can be credited with 40 quarters of work. Your obligation also ends if you or the individual sponsored dies or if the individual sponsored ceases to be a permanent resident and departs the United States.

Note: Divorce does NOT end the sponsorship obligation.

If the individual you sponsored receives any "means-tested public benefits," you are responsible for repaying the cost of those benefits to the agency that provided them. If you do not repay the debt, the agency can sue you in court to get the money owed. Any joint sponsors or household members whose income is used to meet the minimum income requirements are also legally responsible for financially supporting the sponsored immigrant.

See how that works? The sponsor is required to support the immigrant, not dump him/her on the taxpayers but if they weasel out of their responsibilities then they can be held accountable to the taxpayers.

Let's look at the actual Statute though, I'll highlight the important parts for you to save you time. Maybe USCIS made a mistake.

https://fam.state.gov/FAM/09FAM/09FAM030208.html

By executing Form I-864, the sponsor agrees to:

(a) Provide financial support necessary to maintain the sponsored immigrant at an income that is at least 125 percent of the Federal poverty guidelines for the indicated family size (see 9 FAM 302.8-2(B)(17)); and

(b) Reimburse any agencies that provide means-tested benefits to a sponsored alien.

So the immigrant has the right, by statute, to expect to either be supported as per Title 9 FAM 302.8-2(B)(8) Legal Obligations of Sponsors (OR) expect the sponsor to reimburse agencies for benefits. IF the immigrant called the sponsor, asked for the support, and she refused, and informed her that he would then apply for benefits then he is just reading the law, word for word, to her.

Either the statute is a "threat" (which is a pretty stupid position don't you agree) or the immigrant just outlined the law to the sponsor in expectation that it be followed. Assuming the immigrant either asked for support or stated he would apply for benefits which the sponsor would be responsible exactly and word for word follows the law. Pretty dumb to whine "threat" at that.

What is "pretty dumb" about this is that you couldn't locate anywhere in that long thesis where it says the immigrant "has the right to inform".

OP said she was threatened, I didn't make it up so I'm not "whinning" about it. I just feel bad for her.She is responsible an angry man and his children.

But hey, she signed up for it.

[Expat1 971]

What is "pretty dumb" about this is that you couldn't locate anywhere in that long thesis where it says the immigrant "has the right to inform".

OP said she was threatened, I didn't make it up so I'm not "whinning" about it. I just feel bad for her.She is responsible an angry man and his children.

But hey, she signed up for it.

He definitely has the right to remind her and ask her and expect her to fulfil her obligation, yes, and that was pretty clear in the last couple of lines of the 'thesis'. If you want to test that call the cops and make a report that someone read that law (or any other law) to you and watch them do nothing about it.

He has the right to do anything else he isn't specifically prohibited by law from doing as well.

Unfortunately she signed up for it. Hard lesson to learn.

Edited July 8, 2016 by Expat1

[Kolewenoik31 57]

Expat1,

You are still missing my point.

I know what the contract says and I never said he couldn't.

You said "he is with his right to inform" OP .Unless I'm missing something there.

But that's what I asked you for. Where does it say the LPR or alien spouse has "right to inform" her?

That was my question.

You are been evasive because you know there is no such thing as "right to inform".

What his demands were and if it was a threat could constitute blackmail.

But for a blackmail to charged against the ex, OP needs more statements that constitute illegal acts. But the affidavit of support will still be enforceble by law.

How is he under the "federal program"?

I don't understand..maybe you can explain more.

Ok here it is....there are two SNAP programs.. 1. County funded 2. Federal funded under the Federally funded program they will qualify them where they can receive those benefits. All he has to do is go apply. They will look up the laws and add him especially if he is living under the roof of an American who receives them. How do you think all these un documented aliens are getting them? The county receives so much grant money all he needs is a SSN number or Alien registration number. He can even use his green card, all is legal. As I said I called USCIS and they even confirmed and read off of their computer the fact that only if the govt. agencies sue 9 out of 10 changes they won't, they don't.

[Kolewenoik31 57]

Here is the info.

http://www.fns.usda.gov/sites/default/files/Non-Citizen_Guidance_063011.pdf

[Expat1 971]

Expat1,

You are still missing my point.

I know what the contract says and I never said he couldn't.

You said "he is with his right to inform" OP .Unless I'm missing something there.

But that's what I asked you for. Where does it say the LPR or alien spouse has "right to inform" her?

That was my question.

You are been evasive because you know there is no such thing as "right to inform".

What his demands were and if it was a threat could constitute blackmail.

But for a blackmail to charged against the ex, OP needs more statements that constitute illegal acts. But the affidavit of support will still be enforceble by law.

How is he under the "federal program"?

I don't understand..maybe you can explain more.

Actually I'm not missing your point. Unless you can somehow show that some action to collect support is illegal or prohibited then it is within a person's right to take it.

The only 'threat' that the OP mentioned was to go apply for benefits which obviously was 'threatened' because the OP is evidently a deadbeat sponsor. No big story here, deadbeats are a dime a dozen.

[IcezMan_IcezLady 582]

"A deadbeat sponsor"..lol...

This is just a sad situation. It's kinda like paying child support, you don't get change your mind about your responsibility.

Well, hopefully, OP will do an amicable settlement avoid this.

The SNAP payment is $134 person so multiply by 4..dang. But at least in 2yrs, he will naturalize and OP will be free.

[TBoneTX 45,863]

The OP has closed her account, so this thread is also now closed.