Here we go again

[Ronn63 41]

Ok...here we go!!

 

My ex, (divorced in November,) has been making threats again...basing all of her fight on the Affidavit of Support.  I filled out the disillusionment papers giving her nothing.  Just what she deserves, (I'm sure many of you have seen my other posts.)  In the divorce, she got the older car, of which she had to make the remaining payments.  I placed an addendum in the petition that if she misses one payment, the car comes back to me.  Now, because she is a child, she refuses to make the last payment, (I have text message evidence proving her stance.)  I told her I would be moving forward to get the car back.  Some words were thrown around, and she ended up making a veiled threat against my daughter.  Also, threatening to open a case of abandonment.  For the threat, I'm going to the police this morning to apply for a restraining order.  For the car, I'm going to the courthouse to see what my options are.  As far as her threat to file an abandonment case against me, I do not believe she has a leg to stand on.  From what I understand the AOS is there only to ensure she does not become a public charge.

 

Any thoughts or support or words?

[shayden10 78]

The affidavit of support instructions say that by signing the affidavit you are agreeing to use your resources to support the intending immigrant, should it become necessary. It makes them ineligible for certain federal, state, and local means-tested benefits; should she receive benefits you may be faced with a bill to pay for them, and if you fail to pay that bill you may be sued by whoever provided the benefit to her. In the instructions of the I-864 it says that your obligation as a sponsor ends when the immigrant becomes a US Citizen, can be credited with 40 qualifying quarters of work in the US, dies, or ceases to be a lawful permanent resident. It then states that divorce does not end this obligation. I would definitely discuss with a lawyer the extent of your responsibility to her and her daughter. You should also discuss making it so that ALL contact from her must go through a lawyer, so she will be unable to make threats and if she has a legitimate reason for contacting you she can. I'm sorry you're going through this, I wish you the best of luck. 

Edited March 1, 2017 by shayden10

[Ronn63 41]

3 minutes ago, shayden10 said:

In the instructions of the I-864 it says that your obligation as a sponsor ends when the immigrant becomes a US Citizen, can be credited with 40 qualifying quarters of work in the US, dies, or ceases to be a lawful permanent resident. It then states that divorce does not end this obligation. I would definitely discuss it with a lawyer. Get that restraining order! I'm sorry you're going through this, I wish you the best of luck. 

But, as near as I can figure, my obligations are that they, (her and her daughter,) do not become public charges?  Is that the correct wording?

[shayden10 78]

8 minutes ago, Ronn63 said:

But, as near as I can figure, my obligations are that they, (her and her daughter,) do not become public charges?  Is that the correct wording?

I edited my first one, to add that The affidavit of support instructions say that by signing the affidavit you are agreeing to use your resources to support the intending immigrant, should it become necessary. It makes them ineligible for certain federal, state, and local means-tested benefits; should she receive benefits you may be faced with a bill to pay for them, and if you fail to pay that bill you may be sued by whoever provided the benefit to her. Yes, it is so that they do not become public charges. But (depending on the situation) she could claim she in unable to make the last car payment, which would result in her losing her vehicle and her inability to provide transportation for her daughter and for herself to work, which would result in her being unable to pay any bills and provide for her daughter which would result in her potentially becoming a public charge. She seems crazy, so you never know what she is thinking, and even if she isn't thinking it her lawyer may be. 

[USAMorocco 143]

 She can make any claim she wants....whoever signs the affidavit of support is not saying they will provide a stable income for a person they are telling the government that they will make sure the immigrant doesn't go on public assistance. 

[shayden10 78]

1 minute ago, USAMorocco said:

 She can make any claim she wants....whoever signs the affidavit of support is not saying they will provide a stable income for a person they are telling the government that they will make sure the immigrant doesn't go on public assistance. 

However, if she claims that she is unable to provide and will have to go on public assistance because she doesn't have the means to get to a job (many jobs require vehicles, and many jobs are not a walk across the street) then he will be required to help. In this case, she doesn't have to go to court saying he isn't providing a stable income, she just has to say (and prove) that she can't make the car payment and will lose the vehicle to him, which will result in her own inability to provide an income and will result in her turning to other means for income. 

[USAMorocco 143]

1 minute ago, shayden10 said:

However, if she claims that she is unable to provide and will have to go on public assistance because she doesn't have the means to get to a job (many jobs require vehicles, and many jobs are not a walk across the street) then he will be required to help. In this case, she doesn't have to go to court saying he isn't providing a stable income, she just has to say (and prove) that she can't make the car payment and will lose the vehicle to him, which will result in her own inability to provide an income and will result in her turning to other means for income. 

Right...the key word is prove.  Anyone can go into a courtroom and make any claim they want...the problem is when you're a well and able adult to work and you are healthy it's hard for a judge to rule in your favor.  In any divorce a judge will want to know if you looked for other jobs or one is closer to the house. 

[shayden10 78]

Just now, USAMorocco said:

Right...the key word is prove.  Anyone can go into a courtroom and make any claim they want...the problem is when you're a well and able adult to work and you are healthy it's hard for a judge to rule in your favor.  In any divorce a judge will want to know if you looked for other jobs or one is closer to the house. 

And lawyers are smart, well-trained professionals who are more than capable of finding proof.

[andy78 178]

She is not your dependent. The affidavit is a contract between you and the government, not you and your former wife. There is no such thing as an abandonment of an ex-wife. Again, she is not your dependent. You have no legal obligation to stay in contact with this person. You can contact an attorney to review your legal options related to any possible cease and desist and to handle the car/property disputes, and of course the police as you think is needed to deal with threats and to have a restraining order.

[Ronn63 41]

Thank you for all of your responses so far.  I understand the 'contract between me and the federal gov't' thing.  I spoke to an immigration attorney when the divorce was on it's way.  She told me the same thing.  She went a step further and said that if she does go on public assistance, the fed goes after her first, then me...she also said that "I have never heard in my 23 years on the job of the gov't going after anyone".  I'm not sure how much of that last statement is true, but it's something. 

 

I went to the courthouse today and got the paperwork for the order of protection and the motion regarding the car.  I will look at these and think about next steps.

[Ronn63 41]

18 minutes ago, andy78 said:

She is not your dependent. The affidavit is a contract between you and the government, not you and your former wife. There is no such thing as an abandonment of an ex-wife. Again, she is not your dependent. You have no legal obligation to stay in contact with this person. You can contact an attorney to review your legal options related to any possible cease and desist and to handle the car/property disputes, and of course the police as you think is needed to deal with threats and to have a restraining order.

I abandoned no one.  She took her daughter and left me.  They live 75 yds from me.  Ugh.

[Georgia16 2,858]

9 minutes ago, Ronn63 said:

I abandoned no one.  She took her daughter and left me.  They live 75 yds from me.  Ugh.

As in your other post she will try to do whatever she can. I don't think you have much to worry about with that.

[Boiler 45,470]

She an certainly take you to Federal Court to uphold the I 864, I assume that is what we are talking about.

 

How successful she will be depends on the merits of the case, not something she would do without a Lawyer.

 

I have seen the I 864 being used in State Divorce cases as a bargaining tool.

[Ronn63 41]

1 hour ago, Boiler said:

She an certainly take you to Federal Court to uphold the I 864, I assume that is what we are talking about.

 

How successful she will be depends on the merits of the case, not something she would do without a Lawyer.

 

I have seen the I 864 being used in State Divorce cases as a bargaining tool.

However, our divorce is done.  I checked off the 'you can't unring this bell' box, so that she can't bring me before domestic relations court for alimony in the future.

[David & Diana R 1,005]

8 hours ago, USAMorocco said:

 She can make any claim she wants....whoever signs the affidavit of support is not saying they will provide a stable income for a person they are telling the government that they will make sure the immigrant doesn't go on public assistance. 

It seems like you are comparing apples to apples here.