Jump to content

19 posts in this topic

Recommended Posts

Filed: Other Country: Germany
Timeline
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

(please excuse spelling and grammar - English is not my first language)

That is my understanding, yes - this was confirmed by the lawyer (I have no money, rely on food shelves etc, but lawyer is Imigration spesialist with a probono Legal Aid thing). The divorce was simple (no-fault), and there was nothing about allimony or support mentioned in the divorce agreement.

Would anyone like more infomation? what kind?

I'd love to see if anyone else has gone through this.

Thankyou!

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.

Unfortunately any credits that were combind durin the marriage are deducted from the sponsered party upon divorce.

Link to comment
Share on other sites

Filed: Timeline
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

(please excuse spelling and grammar - English is not my first language)

That is my understanding, yes - this was confirmed by the lawyer (I have no money, rely on food shelves etc, but lawyer is Imigration spesialist with a probono Legal Aid thing). The divorce was simple (no-fault), and there was nothing about allimony or support mentioned in the divorce agreement.

Would anyone like more infomation? what kind?

I'd love to see if anyone else has gone through this.

Thankyou!

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.

Unfortunately any credits that were combind durin the marriage are deducted from the sponsered party upon divorce.

Inspite of the fact that the divorce was no-fault, was the reason that support (spousal support, temporary) was not mentioned due to the fact that you and your lawyer did you not attempt to negotiate for some? I would have thought that a good lawyer would have used your disability and how that compromised your lifestyle to negotiate more from the divorce settlement.

"diaddie mermaid"

You can 'catch' me on here and on FBI.

Link to comment
Share on other sites

Filed: Other Country: Germany
Timeline
Inspite of the fact that the divorce was no-fault, was the reason that support (spousal support, temporary) was not mentioned due to the fact that you and your lawyer did you not attempt to negotiate for some? I would have thought that a good lawyer would have used your disability and how that compromised your lifestyle to negotiate more from the divorce settlement.

I did not have a lawyer for the divorce :(

He did though....

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...