DIVORCE PLUS FALLING BEHIND ON CHILD SUPPORT

[Gizzy666 1]

Hey guys, As the title states i am out of status and about to fall behind on child support.

Let me give you the full story and ill try and keep it as basic as possible

I came here in 2013 on a VWP to meet an internet friend, we ended up getting married i overstayed which the uscis forgave, we also have one son together who has just turned 2, about 4 months after my 2 year conditional greencard was approved we separated and i moved out. We have been apart ever since, However now we are filing for divorce and it will be complete before i have my interview (I-751?) which i know puts me out of status and the form i filed for removal of conditions void as we did it jointly, Right?

Secondly i have jsut been hit with a HUGE child support order, $512 per month plus medical insurance which i get from my place of employment which is $660 per month plus 60% of all medical bills. I know for a fact i will be falling behind on that within the next month as that far exceeds my outgoings and the courts will not re assess it due to it being based on previous years earnings. If i fall behind that also makes me ineligible for naturalization right?

Would it be worth waiting for the interview or just leave the country before they deny my application and deport me?
If anyone can give me more info that would be great.

NOT LOOKING FOR A LAWYER JUST FURTHER INSIGHT

p.s I can't even afford a lawyer LOL!!!

[Catuela 16]

You can remove conditions on your own. No need to go home. Just need proof you entered marriage in good faith.

Follow

And pay your child support not a lawyer you sb ok.

Good luck?

Edited December 9, 2016 by Catuela

[Gizzy666 1]

That is the problem, I really cannot afford to re-file the paperwork to remove conditions on my own that's another $625 i can't even afford my child support, And it is not due to me living beyond my means, I even voluntarily surrendered my car back to the dealership so i could free up $300 per month, I don't go out anywhere i literally work 12 hour days then go hoe to bed.

I have read that if i fall behind on child support it shows i am not a person of good moral character and that is pretty much a denial, Plus that with seperating from my ex within 4 months of getting my 2 year card... It cannot look good lol.

[Boiler 45,657]

Your wife signed the I 864

[Gizzy666 1]

Your wife signed the I 864

She did yes, But she also does not work... Well she does, Cash i hand for her mother under the table at there family business.

Can i use the I-864 if i am still working?

How would i also use the I-864?

And if she is not working how could she even hold me above the poverty guideline which in NJ i believe it has to be 120% above putting you at $21,000

Thanks

[Boiler 45,657]

was there a joint sponsor?

[Gizzy666 1]

Nope, No joint sponsor as she was working and made enough at that time, She quit working once my son was born.

[Merrytooth 5,748]

You can convert the I-751 filed jointly to divorce waiver once the divorce is finalized and divorce decree issued.

I am more concerned that you are separated (moved out, not living together) shortly after receiving the 2 year green card.

What evidence of bona fide marriage did you submit with your I-751?

Edited December 9, 2016 by Merrytooth

[Gizzy666 1]

You can convert the I-751 filed jointly to divorce waiver once the divorce is finalized and divorce decree issued.

I am more concerned that you are separated (moved out, not living together) shortly after receiving the 2 year green card.

What evidence of bona fide marriage did you submit with your I-751?

Does that cost extra? if so do you know how much?

We had joint cellphone bill, Medical coverage and a life insurance policy for myself which i have since cancelled.joint bank account, and finally we had joint car insurance - This was all joint until we seperated, I got approved in october and left late january so like 3 months total

We lived with her mother so had no house bills.

[Ash.1101 1,756]

Just out of curiosity, you say you're working all kinds of crazy, so why does your earnings now come out to less than what you were earning last year? Job change? Etc?

Generally if you had a job change, laid off, or something of that sort then the courts will hear why you can't afford anything. I know in Texas the MINIMUM child support is 255$ or 20% of your monthly earnings, the money can be altered depending on how much the parent makes, either more if they start making more, or to the minimum if they fall on hard times.


Not to delve too much into it, but how much do you actually make? I'm going to assume that you make under the 20,025 mark, but how much more below are you?


If you can't afford to ROC, then I wouldn't even worry about paying child support, as you won't even be able to stay legal enough to deal with that issue if you can't afford to save up to ROC.


If for some reason you do have the money for ROC, do you have proof the marriage was entered in good faith? Joint bills, joint bank accounts, joint rent, etc?

Edited December 9, 2016 by Ash.1101

[Boiler 45,657]

You own child support, she has her obligations under the I 864.

Strikes me as odd that her obligations to you can not be taken into account.

[Gizzy666 1]

Just out of curiosity, you say you're working all kinds of crazy, so why does your earnings now come out to less than what you were earning last year? Job change? Etc?

Generally if you had a job change, laid off, or something of that sort then the courts will hear why you can't afford anything. I know in Texas the MINIMUM child support is 255$ or 20% of your monthly earnings, the money can be altered depending on how much the parent makes, either more if they start making more, or to the minimum if they fall on hard times.

Not to delve too much into it, but how much do you actually make? I'm going to assume that you make under the 20,025 mark, but how much more below are you?

If you can't afford to ROC, then I wouldn't even worry about paying child support, as you won't even be able to stay legal enough to deal with that issue if you can't afford to save up to ROC.

If for some reason you do have the money for ROC, do you have proof the marriage was entered in good faith? Joint bills, joint bank accounts, joint rent, etc?

Yes that is correct, Last year i earned $33,225 However as of july this year that company liquidated and had to close its doors, i found a new job and started within 3 weeks luckly however i am now earning a little bit over $28,000, The child support just got court ordered last month and they say it has to be based upon last years earnings. So i am still above NJ's poverty level but i am being hit with $512 per month in child support, plus $660 a month for medical insurance for me and my son, and after the first $250 each year i am responsible for 60% of any bills that the insurance wont cover.

I do not have any more money to give to the USCIS as i am literally robbing peter to pay paul right now, The onyl proofs i have are joint cell phone, bank, car insurance and a life insurance policy, all have since been terminated since 2014, early 2015

[EM_Vandaveer 2,408]

Just out of curiosity, you say you're working all kinds of crazy, so why does your earnings now come out to less than what you were earning last year? Job change? Etc?

Generally if you had a job change, laid off, or something of that sort then the courts will hear why you can't afford anything. I know in Texas the MINIMUM child support is 255$ or 20% of your monthly earnings, the money can be altered depending on how much the parent makes, either more if they start making more, or to the minimum if they fall on hard times.

Not to delve too much into it, but how much do you actually make? I'm going to assume that you make under the 20,025 mark, but how much more below are you?

If you can't afford to ROC, then I wouldn't even worry about paying child support, as you won't even be able to stay legal enough to deal with that issue if you can't afford to save up to ROC.

If for some reason you do have the money for ROC, do you have proof the marriage was entered in good faith? Joint bills, joint bank accounts, joint rent, etc?

OP has already filed for ROC, jointly while separated but still married.

[f f 725]

there is a filing fee waver for roc if you make under a certain amount. and also report her income to social services so she can not come after you as if she makes no money.

good luck

[Ash.1101 1,756]

You own child support, she has her obligations under the I 864.

Strikes me as odd that her obligations to you can not be taken into account.

I agree.

OP: Where you involved at all in this divorce?

Curious because you say you're under the 20025 mark, which means at the MOST (20024) you would make at the most you're making 1668$ a month. Take off the 660$ for child support and insurance, you're at about 1000$ a month.

You're paying almost 40% of your monthly earnings, MOST places would consider that too much unless you agree'd to this.

Did the judge know that it is her responsibility to make sure you don't fall below that federal poverty line? Was anything having to do with your immigration brought up in divorce proceedings?

Did you waive your rights to the divorce? If you did that, they can generally put what ever they want in the decree within reason, WITHOUT asking you if it's reaosnable or not.