Scammed [merged threads]

[USS_Voyager 1,972]

OP, you don't seem to get this. Your  wife can still ask for spousal support EVEN IF the I-864 was withdrawn. When two people were married and then divorced, the party that make significantly less money can always ASK for spousal support. Whether or not the court will grant it and how much, is up to what the judge decides. This is nothing to do with the I-864 or immigration. Your involvement with immigration is over. What you're dealing with now is just a normal divorce like any other divorces in the US. What will happen to her immigration wide, is not your concern.

 

If you have clear evidences that she committed immigration frauds, turn it over to the immigration authorities and they will take it from there.

 

There is no child support if you two have no child together.

[NikLR 13,227]

9 minutes ago, USS_Voyager said:

OP, you don't seem to get this. Your  wife can still ask for spousal support EVEN IF the I-864 was withdrawn. When two people were married and then divorced, the party that make significantly less money can always ASK for spousal support. Whether or not the court will grant it and how much, is up to what the judge decides. This is nothing to do with the I-864 or immigration. Your involvement with immigration is over. What you're dealing with now is just a normal divorce like any other divorces in the US. What will happen to her immigration wide, is not your concern.

 

If you have clear evidences that she committed immigration frauds, turn it over to the immigration authorities and they will take it from there.

 

There is no child support if you two have no child together.

Asking for child and spousal support and getting child and/or spousal support are two different things.  Apparently the ex wife has a child but it is not the OP's.

Edited December 19, 2018 by NikLR

[Ben&Zian 4,398]

 That's a lot of alimony for no children together and a short marriage.

[Khallaf 650]

9 hours ago, Drackkor said:

The judge will be looking at this claim during the final judgment of support this has been his determination. Also will look at the I-134. She is looking for spousal and child support for her son who is 13.

unless you had one of the following happen:

 

There are certain circumstances where you are presumed to have legal paternity, even if you are not the child’s biological father. You are a legally presumed father if:

You are married to the child’s mother at the time of birth or conception,

You sign the birth certificate (even if you know you are not the biological father), or

Complete an acknowledgement of paternity form.

or have legally adopted the child.

 

This is the only time from my case study in school now mind you I am not a lawyer and this is not legal advise that a women coming into the USA can require the man she marry to pay child support for a child that was born prior to marriage.

 

With that being said you need to contact a good family divorce attorney to get your options, a simple DNA test in many states is not enough to vacate the responsibility of child support payments.

[Gibus 202]

To me it looks like they are trying to scare you bringing on the I-864, but her lawyer is probably no that good, if he thinks that it still has any value. Like many people here say and I think they know better than a lot of "lawyers" on that subject, the I-864 was withdrawn at the same time her AOS Application was denied.

I understand you are under a lot of pressure but read again what people say here, they have good advice for you.

[Crazy Cat 41,904]

44 minutes ago, Ben&Zian said:

 That's a lot of alimony for no children together and a short marriage.

Sounds like a case of "Let's ask for the moon, but settle for a teaspoon full".......

[Unlockable 7,314]

10 hours ago, Drackkor said:

The judge will be looking at this claim during the final judgment of support this has been his determination. Also will look at the I-134. She is looking for spousal and child support for her son who is 13.

 

1 hour ago, NikLR said:

Asking for child and spousal support and getting child and/or spousal support are two different things.  Apparently the ex wife has a child but it is not the OP's.

 

52 minutes ago, Ben&Zian said:

 That's a lot of alimony for no children together and a short marriage.

This is actually not totally unheard of. The ex is in survival mode. She is attempting everything to be able to stay in the US and be provided for. Also, it is often an immigrant's mentality that they left everything behind because of the USC so not s/he should continue to provide for them even if it does not work out.

 

I no longer watch the train wreck show 90 Day Fiance, but I skim through the threads here and on Reddit to at least be updated on some of the dirt (admitting a slight guilty pleasure from it 😋). But if I can recall there is a couple this season that is an Asian female immigrant and an American military man, and the immigrant made the guy kick out his own daughter from his house so he can only take care of her (the immigrant) and her child. Yeah, so the "you-have-to-take-care-of-me-no-matter-what" mentality happens more than you think when dealing with immigration.

Edited December 19, 2018 by NuestraUnion

[Boiler 45,564]

The OP said he has a LAwyer, both the I's can be easily debunked, what is the Lawyer doing?

[cyclone27 710]

6mo married and not his kid - doubt she will get anything.

[carmel34 3,635]

OP,, what state are you in?  This makes a difference for the way the divorce will be settled by the judge, financially.  Each state has its own laws governing divorce and what each spouse is entitled to.  It's easy to do research on this so that you are educated about your rights and you can better understand what is reasonable in court and what the judge is likely to award as far as division of property and spousal support.  Divorce is difficult, I feel for you, but in the end you can move on and put all of this behind you.  Good luck.

[geowrian 22,337]

Immigration-wise, there is nothing for you ot do. As has been stated many. many times already, the I-864 is dead. It has no value at all. Their lawyer either doesn't kow what they're talking about or are trying to scare you into providing more support. As also stated, a decent attorney should be able to cut down those claims ASAP.

 

Spousal support for such a short marriage would be pretty unusual.

Child support when you have no children together and would only be taking care of your own children post-divorce is also highly unlikely. She has to pay for her own kid. You have to pay for yours. Again, she is likely trying to scare you into providing any support possible.

[belinda63 3,038]

Sounds like the attorney is trying to use the I-864 to prove he is obligated to support the ex and the child he brought over. A simple explanation that you cancelled the Affidavit of support and that is why her green card was denied should suffice. Or you should bring up that the I-864 is a contract between you and the US government and both parties agreed to cancel it. She (the immigrant) cannot force you to be bound by a contract that she is 1. not a party to and 2. all the involved parties have canceled. It is up to her to prove the I-864 is currently in force (which it is not).

 

[Drackkor 0]

I appreciate the response. I just hope the judge see's it the same way. He's already taking the I-134 and I-864 into consideration even though my lawyer has stated that this is a contract between myself and the U.S. Government. I have a feeling this is going to trial since my ex lawyer isn't budging. My lawyer is in contact with a immigration attorney for more advise when it comes right down to it there the ones who decide what can and will be included in the case so I hope there is someway of showing all my details and not caving in on anything.

[Going through 5,671]

7 minutes ago, Drackkor said:

He's already taking the I-134 and I-864 into consideration even though my lawyer has stated that this is a contract between myself and the U.S. Government.

In fairness, the judge has to take any submitted evidence "into consideration" whether it's valid evidence or not.  Taking it "into consideration" doesn't mean the judge automatically believes what your ex's attorney is claiming, however.

[Drackkor 0]

Does anyone know of a actual immigration attorney who would be will to state this quote to be true? "That once the I-485 is denied the I-864 becomes null and void."  ?