I-864 enforcement?

[Klavier 0]

Married USC in 1999, seperated in 2004 and was divorced in 2005. I am disabled. I can not get SSI or disability because I do not have the 40 quarters.

Ex was paying (volluntarily) for a year or so...the divorce was amicable and ex met his duty.....until he met wife #4). Stopped and threatened to deport me (no grounds).

Have read Stump and Cheshire verdicts; my situation (I do have a lawyer) is, if it's possible, even more cut and dried.

Isn't threatening me with deportation illegal?

What can I do here?

Should I file through federal system?

Thanks in advanse.

[diadromous mermaid 36]

Married USC in 1999, seperated in 2004 and was divorced in 2005. I am disabled. I can not get SSI or disability because I do not have the 40 quarters.

Are you sure?

Should I file through federal system?

Thanks in advanse.

Filing what? A lawsuit? What has your attorney advised?

[payxibka 10,045]

You have an attorney but yet you come here for legal advice? If these questions are not being answered by your attorney then time to get a new one....

[Klavier 0]

Yes, I'm sure. An LPR cannot qualify for SSI or Disability until he satisfies the SS requirements....which I dont.

It's really experince that I want to try and find...the lawyer has recomended that we file in federal court, as it appears to be a "slam dunk". The ex has basicaly told us that he won't pay unless there's a court order.

Help?

Thank you for responses so far.

[broma25 2]

You have an attorney but yet you come here for legal advice? If these questions are not being answered by your attorney then time to get a new one....

I agree, if you already have an attourney you should be receiving much better advice from him/her than you will from a message board (even though lots of knowlegeable people here).

[Jasman0717 9]

Your attorney should be able to answer all these questions for you. I wouldn't even want to speculate as to what your options are, continue with your attorney. Good luck

[BJZags 17]

The ex has basicaly told us that he won't pay unless there's a court order.

Pay what?

[Klavier 0]

The ex has basicaly told us that he won't pay unless there's a court order.

Pay what?

Support as contract recquires.

Yes, it has already had presedent in court (twice). This case is apparantly much more "cut and dried", as sponsor acknowleges responsibillity - it seems he just wants a court order?

[Kez/JWolf 6]

The sponsor is not under any legal obligation to pay you anything..... they are however required to repay the Government for anything you claim that could make you a public charge....

Kez

[Klavier 0]

The sponsor is not under any legal obligation to pay you anything..... they are however required to repay the Government for anything you claim that could make you a public charge....

Kez

It appears that you're incorect in one part?

Stump v Stump, and Chesire V Chesire confirm this is a legal obligation - to maintan the sponsered party at 125% of the poverty level. This is in addition to repayinh the goverment for any means tested benefits which might be paid.

I'm sure those cases are here somewhere. or online.....I havenot quite mastered the search tool here though.

Edited May 8, 2007 by Klavier

[Kez/JWolf 6]

Then maybe I can ask you a question...... I too am disabled and have on-going medical issues, but I work because I have too... is there any reason you can not help to support yourself......

Kez

[Klavier 0]

Then maybe I can ask you a question...... I too am disabled and have on-going medical issues, but I work because I have too... is there any reason you can not help to support yourself......

Kez

Yes.

I am unable to work. If I could get Disability, I would qualify under FOUR diffrent sections in their "book" - but I dont have enough qualifing credits. Beleive me, I have tried.

I need 24/7 care.

[Kez/JWolf 6]

I dont mean to be rude but have you looked into work programs for people with disabilities... I also would qualify for if I have enough credits... but I was able to find work with the help of a local disability group... Just trying to help you look at all the options....

Kez

[Yodrak 7]

Kez,

Not quite true. The I-864 gives the sponsored alien the basis to sue the sponsor for support. And the associated legal fees. They have to prevail, of course. Just as a government would have to sue to recover means-tested benefits payment if the sponsor did not pony up when sent the bill.

In this case, if the sponsor wants a court order before paying he will find himself paying not only the support but also the alien's costs of obtaining the court order should she be entitled to the support. Not enough info about the situation to know, perhaps she isn't entitled, but it may be much cheaper for the sponsor to pay rather than have the case taken to court.

Yodrak

The sponsor is not under any legal obligation to pay you anything..... they are however required to repay the Government for anything you claim that could make you a public charge....

Kez

Edited May 9, 2007 by Yodrak

[^KK^ 3]

Then maybe I can ask you a question...... I too am disabled and have on-going medical issues, but I work because I have too... is there any reason you can not help to support yourself......

Kez

Yes.

I am unable to work. If I could get Disability, I would qualify under FOUR diffrent sections in their "book" - but I dont have enough qualifing credits. Beleive me, I have tried.

I need 24/7 care.

If you ere married longer you would've been eligible through your ex-husband.