Getting money from the app sir after divorce

[Misuzu 10]

Hi guys. I'm wondering how it works.

 

I came in k1 visa, got aid, divorced and I got 10 year gc through waiver. My ex signed i-864a p4omising that he will support me for 40 quarters or until I get citizenship.

After divorce, am I allowed to just ask him for monthly money because I am struggling? Do I have to do it some specific way? Or should I try just asking him. I don't want to go too far.

 

How does it legally look like based on i-864a?

Thank you.

[Jojo92122 1,924]

Your opportunity for support should have came up in your divorce.  Once the divorce is final, it will not be reopened because you are now struggling.  

[Misuzu 10]

Im talking about immigration. Immigration document says that he will support the alien until I get citizenship. Not the divorce

[Misuzu 10]

Maybe this way: how can I request support from him after divorce based on I-864a?

[Jojo92122 1,924]

You don't get two chances to go to court.  You get one chance.  Any support issue should have been handled in the divorce.  If you wanted support based on the I-864, then you should have brought it up at the divorce.  Under the US legal system, if you failed to bring up the I-864 to demand support during the divorce, then you waived that argument and courts will not entertain it again.  That's how courts in America works.  You don't get to litigate the issue again now that you want another basis for support.

 

 

Edited June 8, 2017 by Jojo92122

[Misuzu 10]

I thought i-864 has ni5hing to do with family law and it is based in different dept. Different place (immigration). Not family law.

Because just divorce don't give option of support... unless you have kids.

Edited June 8, 2017 by TBoneTX
to remove a sidestepping of site's language filter

[millefleur 5,046]

**Moved from Tax & Finances During US Immigration to Effects of Major Family Changes on Immigration Benefits**

 

I'm afraid it looks like you might be out of luck. Why didn't you discuss this with your lawyer during the divorce?

[Cyberfx1024 7,980]

13 hours ago, Misuzu said:

I thought i-864 has ni5hing to do with family law and it is based in different dept. Different place (immigration). Not family law.

Because just divorce don't give option of support... unless you have kids.

It does give an option for support if you go that route. The majority of people just want to be divorce and go their separate ways. Nothing you can do now about that sorry. 

Edited June 8, 2017 by TBoneTX
to remove language violation from quote

[TBoneTX 45,365]

A post and a quote of it have been edited to remove a language violation.

[f f 725]

the i864 is between him and the us government not you. he promised to repay the government if you get government benefits, not maintain you in a certain lifestyle. as others have said the divorce court was where you could have asked for money and that option was closed when the divorce was finalized.

[geowrian 22,337]

17 hours ago, Misuzu said:

Im talking about immigration. Immigration document says that he will support the alien until I get citizenship. Not the divorce

That agreement is not between you and him. It's between him and the US government. You cannot use it to enforce any kind of support to you directly (albeit nothing stops somebody from using it as leverage during the divorce proceedings).

 

If you require certain means-tested government benefits, the US government can use the I-864 to try to recover the funds for those benefits from him. That's the extent of the I-864.

[Boiler 45,581]

If you think you have a case you would need to litigate the matter in Federal Court, you have a duty to mitigate.

[JFH 12,190]

Why are you struggling? You have full work authorization. Are you working? 

Maybe your husband is struggling too. Why should he support you? What if he has less money than you? 

[usmsbow 801]

If you're struggling, why not return to Poland? What's keeping you here? Assuming you and your ex don't have any children. 

[iwannaplay54 985]

On June 8, 2017 at 3:29 AM, Misuzu said:

Hi guys. I'm wondering how it works.

 

I came in k1 visa, got aid, divorced and I got 10 year gc through waiver. My ex signed i-864a p4omising that he will support me for 40 quarters or until I get citizenship.

After divorce, am I allowed to just ask him for monthly money because I am struggling? Do I have to do it some specific way? Or should I try just asking him. I don't want to go too far.

 

How does it legally look like based on i-864a?

Thank you.

The I-864 is not a promise to support you.  It is a promise to repay means tested benefits to the GOVERNMENT (not to you) if you collect them.  

 

To clarify:  The means tested benefits are paid to you by the government - if you apply and qualify for them and the I-864 is a contract between the sponsor and the government to reimburse the government for those costs.

 

There is nothing about a sponsor paying you anything directly in the I-864.