Can I sue ex-spouse for support under I-864?

[aaron2020 11,651]

You seem to be arguing with yourself - I'm out of here!

If I am arguing with myself, then why are you replying and arguing?

Can you answer why the OP can't waive the I-864 around as evidence? Seems to work for some people as you pointed out.

There's a difference between being able to sue on the I-864 vs. actually winning by waiving the I-864 around.

Still nothing on third party reliance?

[RandyW 149]

If I am arguing with myself, then why are you replying and arguing?

Can you answer why the OP can't waive the I-864 around as evidence? Seems to work for some people as you pointed out.

There's a difference between being able to sue on the I-864 vs. actually winning by waiving the I-864 around.

Still nothing on third party reliance?

She CAN wave the I-864 around as evidence. I have not stated otherwise.

Read Part 8 - Sponsor's Contract, and What is the Legal Effect of My Signing Form I-864

The word 'third' is used only in reference to income tax forms

[aaron2020 11,651]

She CAN wave the I-864 around as evidence. I have not stated otherwise.

Read Part 8 - Sponsor's Contract, and What is the Legal Effect of My Signing Form I-864

The word 'third' is used only in reference to income tax forms

You really have no clue about the I-864. What happened to your ONE HOUSEHOLD statement?

You really have no understanding of the legal concept of third party reliance on a contract.

Thought you said I was arguing with myself, then why are you still here after saying you were out of here. What happened?

Suggest you read the actual cases rather than make stuff up when you don't understand legal concepts.

Edited July 25, 2016 by aaron2020

[Pitaya 2,577]

~OK folks, let's take a breath, take it down a notch, and get back on-topic.~

Pitaya

VJ Moderation

[Adil & Jeanne 296]

On the Federal level you may be opening a whole can of worms as to sue you will have to prove you married in good faith and not for a green card

if his lawyer is smart he will countersue and if he can prove you did this WOW

you really want the Feds looking at this???

[USC1961 251]

The other posters are somewhat incorrect about the cost. Any legal fees are paid by the defendant. Some lawyers may want fees upfront, others will take the case anticipating being paid by the defendant

Great post until the very end. Legal fees are not always paid by the defendant. The plaintiff has to actually win the case first for that to happen. In which case the judge "may" decide to also tack on the legal fees to the defendants bill.

[aaron2020 11,651]

On the Federal level you may be opening a whole can of worms as to sue you will have to prove you married in good faith and not for a green card

if his lawyer is smart he will countersue and if he can prove you did this WOW

you really want the Feds looking at this???

Why would the Feds be looking at this? Why would the Feds be interested in this divorce? Are the Feds interested in every divorce between an I-864 sponsor and the immigrant when the spouses are fighting over money? What makes this so special that the Feds will be looking at it? What interest does the Feds have in a dispute for support based on the I-864?

Why does OP have to prove the marriage was in good faith? If that was the husband's argument, he would have had to bring it up in the divorce. He can not legally litigate a position when he fails to bring it up in the original judgment.

While I don't like what the OP is doing, there is a difference between giving her the facts vs. scaremongering.

Edited July 25, 2016 by aaron2020

[Anitafeliz 1,133]

$4000 a month in alimony....

You can GO to school and work

Get a roomate and try to live in a budget. Apparently the life you had living with spouse was very comfy if alimony was that high with no children.

And USC owes nothing to you re: the statement you left your studies for the USC. When you choose to marry it's a mutual benefit not only a benefit for the USC as you may belive.

[Ortolan 381]

Is there any reason you cannot work part-time while you go to school to support yourself?

[Cheezees 1,514]

OP, I hope you have your answer now. I based my conclusion only on information you provided. Again please do not bother your ex with this frivolous nonsense. In less than half the year you were able to exceed the poverty limit. You chose to quit a job and live off of savings which apparently was enough to pay living expenses, tuition, and loans. You did not seek even part time work while going for your 2nd post secondary degree - quite a luxury. You are not even seeking a job right now. You are NOT A WELFARE CASE. Had you quit your job to join the circus and hand out peanuts for free, my response would have been the same. No one "owes" you the opportunity to pursue an optional master's degree.

I would tell you to contact the unemployment benefits office but the voluntary nature of the termination of your job precludes you from going that route and you know it. So, again, fast food and retail are currently hiring all over. Why are you by your own admission unwilling to work?

[subwayguy 100]

Hello Vjers,

I'm posting on this family forum to see if anyone has insight whether I can proceed to sue my ex-spouse for support.

When my U.S. citizen ex-husband and I divorced in 2014, neither my divorce lawyer nor myself were aware of his financial obligation under I-864. I obtained $4000 alimony but luckily got a job soon afterwards. This year I earned more than 125% of poverty level income already. In May, I purposefully quit the job to complete the Master's degree (I only have few courses left so it will be done in August). Currently I don't have any income, and I will be start job hunting very soon but it's uncertain when I can get a job offer; therefore I am considering suing the ex-husband under the I-864 he signed.

Is my ex-spouse responsible for my living expenses if this year's income already exceeded the minimum requirement? (Most of my savings went to pay tuition/loans, and I'm living off very limited savings now).

Also currently I am waiting to hear a decision on I-751 waiver.

Thank you!

I am trying very hard not to be opinionated, but $4,000 alimony? for those of you bachelors, sign your prenups!

No, the i864 is not a contract between you and your ex-husband.

You have many other choices then getting into a nasty fight with your ex-husband, possibly getting a job to support yourself?

Even if they didn't approve your i751 , you could always go back to China, your country's economy is doing very well and there are millions of jobs in China , if you are interested in working.

Best of luck, to the ex-husband.

[subwayguy 100]

OP, I hope you have your answer now. I based my conclusion only on information you provided. Again please do not bother your ex with this frivolous nonsense. In less than half the year you were able to exceed the poverty limit. You chose to quit a job and live off of savings which apparently was enough to pay living expenses, tuition, and loans. You did not seek even part time work while going for your 2nd post secondary degree - quite a luxury. You are not even seeking a job right now. You are NOT A WELFARE CASE. Had you quit your job to join the circus and hand out peanuts for free, my response would have been the same. No one "owes" you the opportunity to pursue an optional master's degree.

I would tell you to contact the unemployment benefits office but the voluntary nature of the termination of your job precludes you from going that route and you know it. So, again, fast food and retail are currently hiring all over. Why are you by your own admission unwilling to work?

you misspelled vicious into frivolous.

[chicha 9]

I am trying very hard not to be opinionated, but $4,000 alimony? for those of you bachelors, sign your prenups!

This was one-time. I had no work experience when I divorced and I was just out of two-week hospitalization for mental breakdown. A job offered by a fellow countryman miraculously fell into my lap.

Again I was looking for answer "whether the situation constitutes a liability" and whether it's worth fighting for.

I'm not seeking advice as for I-751 waiver here which I did and benefited from many other members in the topic-specific forum. I am not seeking advice on what to do if the waiver is denied either, at least no in this sub-forum.

However for those who kindly offered factual advice- I wish to add that I am 'cornered' with this long I-751 approval process that drove me to finish a degree in 2.5 months to prepare for the worst scenario. Also the fact that I might be denied anytime soon (but I projected it won't happen before my last final exam) is *preventing* me from obtaining a long-term job but like the Vjers said since I'm capable of short-term jobs the ex shouldn't be liable for anything.

Again I don't appreciate "unfriendly" comments. Anyone wants a slice of cold watermelon?

[Sandra G. 5,057]

You can sue anytime you want, are you going to win? I bet you will not!.

Oh in this Country we work to provide for ourselves. Do you know the meaning of the word work? I am helping you with this one, in the Cambridge English Dictionary WORK is described as "an activity, such as a job, that a person uses physical or mental effort to do, usually for money".

.

Edited July 25, 2016 by sandranj

[Cheezees 1,514]

No one is bringing up your waiver application repeatedly but you. However, you have received sufficient advice on the ridiculous nature of the lawsuit you are hoping to file. Perhaps the advice is not what you wanted to hear/"unfriendly", but it is what is. Your unwillingness to work it the elephant in the room that we are pointing out to you.