Child support nightmare.

[payxibka 10,047]

15 minutes ago, Cyberfx1024 said:

Exactly.... The lady at social services told me that they START  with the scare tactics and trying to get liens or paycheck withholdings because they are used to deadbeats all the time. So they are forced to use whatever means necessary.  If you have your ducks in a row with documentation then they are forced to go away. 

Playing with the typical American's ignorance of how the system works 

[SalishSea 18,126]

17 minutes ago, Cyberfx1024 said:

Exactly.... The lady at social services told me that they START  with the scare tactics and trying to get liens or paycheck withholdings because they are used to deadbeats all the time. So they are forced to use whatever means necessary.  If you have your ducks in a row with documentation then they are forced to go away. 

Kind of like with immigration: the deadbeats set the precedent for how the government tends to deal with all, even those who abide by the rules.

[SalishSea 18,126]

31 minutes ago, Cyberfx1024 said:

Then tell your husband to reevaluate that because that is WAY too high for child support unless he makes over $100k a year. I know I was paying $2500 a month because I made alittle over $100k a year. That amount is obscene. 

Do you not suppose that the judge in the settlement case looked at the totality of their situation before awarding that amount?  You have no way of knowing what is or is not "too high" in this case.

[payxibka 10,047]

4 minutes ago, Jorgedig said:

Do you not suppose that the judge in the settlement case looked at the totality of their situation before awarding that amount?  You have no way of knowing what is or is not "too high" in this case.

I'm sure Brad Pitt would kill for $4000 per month

 

I remember in his heyday that Adrian Petersen was paying near $100,000 per month (more than one child but still)

Edited February 21, 2019 by payxibka

[Cyberfx1024 7,980]

8 minutes ago, Jorgedig said:

Do you not suppose that the judge in the settlement case looked at the totality of their situation before awarding that amount?  You have no way of knowing what is or is not "too high" in this case.

Supposedly it was not brought about by DSS but by the divorce settlement according to the OP. So it never actually went through Social Services until now which I know CA and NC have a child support calculator you can use to determine how much you think you will owe. 

 

http://www.okdhs.org/services/ocss/pages/computation.aspx

[SalishSea 18,126]

1 minute ago, Cyberfx1024 said:

Supposedly it was not brought about by DSS but by the divorce settlement according to the OP. So it never actually went through Social Services until now which I know CA and NC have a child support calculator you can use to determine how much you think you will owe. 

 

http://www.okdhs.org/services/ocss/pages/computation.aspx

I would think most child support does not even go through DSS.  Here in Washington, mediators and family court judges use standard CS calculators to establish support payments.

[belinda63 3,047]

Non-payment of child support is never a federal case.

I fought with the state for years on my child support issue, they wasted two years of my life with charges of felony non-support. I provided copies of every check, money order, tax refund garnished, pay garnished, etc. After two years they admitted they made a mistake and dropped the charges. Turns out at they time they filed the charges I was over $9.000 ahead due to all the garnishments they had done. In a child support case you are always guilty unless you can prove your innocence. 

[Cyberfx1024 7,980]

Just now, Jorgedig said:

I would think most child support does not even go through DSS.  Here in Washington, mediators and family court judges use standard CS calculators to establish support payments.

It only goes through DSS usually if the children are receiving any type of government benefit like food stamps and/or Medicaid. But the calculator I posted is the official Oklahoma calculator. 

[payxibka 10,047]

7 minutes ago, belinda63 said:

Non-payment of child support is never a federal case.

I fought with the state for years on my child support issue, they wasted two years of my life with charges of felony non-support. I provided copies of every check, money order, tax refund garnished, pay garnished, etc. After two years they admitted they made a mistake and dropped the charges. Turns out at they time they filed the charges I was over $9.000 ahead due to all the garnishments they had done. In a child support case you are always guilty unless you can prove your innocence. 

Never say never as there is typically always an exception, but in this case it does not appear to have risen to that level as the states are required to handle it locally until they have exhausted all remedies.

 

18 U.S.C. § 228- Failure to pay legal child support obligations

          Section 228 of Title 18, United States Code, makes it illegal for an individual to willfully fail to pay child support in certain circumstances.

          For one, an individual is subject to federal prosecution if he or she willfully fails to pay child support that has been ordered by a court for a child who lives in another state, or if the payment is past due for longer than 1 year or exceeds the amount of $5,000.  A violation of this law is a criminal misdemeanor, and convicted offender face fines and up to 6 months in prison (See 18 U.S.C. § 228(a)(1)).

          If, under the same circumstances, the child support payment is overdue for longer than 2 years, or the amount exceeds $10,000, the violation is a criminal felony, and convicted offenders face fines and up to 2 years in prison (See 18 U.S.C.§ 228(a)(3)).

          Lastly, this statute prohibits individuals obligated to pay child support from crossing state lines or fleeing the country with the intent to avoid paying child support that has either been past due for more than 1 year or exceeds $5,000. (See 18 U.S.C. § 228(a)(2)).  Any individual convicted of this crime may face up to 2 years in prison.

          Notably, other than in the specific circumstances aforementioned, child support enforcement issues are handled by state and local authorities, and not by the federal government.  Furthermore, all child support enforcement matters must be addressed at the local or state level before concerns can be raised at the federal level.

[AmandaandChayne 734]

1 hour ago, carmel34 said:

Were there any questions about child support/alimony payments in your interview?  You said you were 41 days post-interview, what were the questions asked?  Did they look at the affidavit of support?  At the income tax transcripts or tax returns, W2?  Based on the interview you might get some clues as to why the delay and AP, which is unusual for London embassy interviews for a K-1.  More information about your interview might help you get more advice on why the delay has occurred.  Good luck!

Nothing. My interview was extremely simple so it’s most likely my two name changes one at 15 and one post divorce that I provided evidence for and had been submitted with the i-129f my marriage certificate was the only thing that shows name change to that name, the Co didn’t want to keep  or copy that but it was with the I-129f just copies my name change docs.

Questions were:

when did we meet?

when did we physically meet?

when was my last visit?

have either of you been married before? (Both)

and xxxxxx was your married name?

I did tell them my last visit wasn’t on my DVS-160 as I submitted it before  the decision to travel again and they may want to update it but the guy who took my documents I told said that didn’t matter.

 

Edited February 21, 2019 by AmandaandChayne

[beloved_dingo 1,983]

@AmandaandChayne I know you previously stated that you have no idea why you'd be stuck in Administrative Processing, but were there any red flags or unusual circumstances in your case? Keeping in mind that just because you don't consider something a red flag, doesn't mean the government sees it the same way.

 

As others have stated, this child support issue should have no affect on your visa. It's very unlikely that it could be the cause of extended AP or cause a denial. The only way this would affect the Affidavit of Support would be if he wasn't honest about his number of dependents/household size. What they care about financially from an immigration standpoint is that he makes enough to support you, himself, and any other dependents. 

 

Who is "them" that he has spoken to? Was he actually served paperwork? OCSE is the federal agency that oversees child support on a national level, but nearly every child support issue is enforced locally, as others have stated.

 

From the OCSE Handbook regarding enforcement:

 

"Q: The child support office is not enforcing my case. Can I take it to a federal court?

 

A: If your caseworker and state child support office have had no response to their requests for enforcement in another jurisdiction, it is possible for the case to be heard by a federal court. This is not done often, and the decision to use a federal court will be made by federal investigators with help from the referring child support agency. The U.S. Attorney that has jurisdiction in your area makes the final decision about whether to prosecute."

 

 

Edited February 21, 2019 by beloved_dingo

[AmandaandChayne 734]

6 minutes ago, beloved_dingo said:

@AmandaandChayne I know you previously stated that you have no idea why you'd be stuck in Administrative Processing, but were there any red flags or unusual circumstances in your case? Keeping in mind that just because you don't consider something a red flag, doesn't mean the government sees it the same way.

 

As others have stated, this child support issue should have no affect on your visa. It's very unlikely that it could be the cause of extended AP or cause a denial. The only way this would affect the Affidavit of Support would be if he wasn't honest about his number of dependents/household size. What they care about financially from an immigration standpoint is that he makes enough to support you, himself, and any other dependents. 

 

Who is "them" that he has spoken to? Was he actually served paperwork? OCSE is the federal agency that oversees child support on a national level, but nearly every child support issue is enforced locally, as others have stated.

 

From the OCSE Handbook regarding enforcement:

 

"Q: The child support office is not enforcing my case. Can I take it to a federal court?

 

A: If your caseworker and state child support office have had no response to their requests for enforcement in another jurisdiction, it is possible for the case to be heard by a federal court. This is not done often, and the decision to use a federal court will be made by federal investigators with help from the referring child support agency. The U.S. Attorney that has jurisdiction in your area makes the final decision about whether to prosecute."

 

 

Name changes for me and an overlapping relationship. We started dating when he was separated. Nothing else no convictions no red flagged jobs no medical issues. Nothing 

 

He spoke to human services.

My fiancé has now spoken to his lawyer and it won’t be going federal. Proof should all be sorted by next week. 

Edited February 21, 2019 by AmandaandChayne

[AL-MJD 144]

I'm sorry to hear that. I'm dealing with an annoying ex too. She used to get 1k in child support for 1 child and freely asks for more money throughout the years; extra money for clothes, electricity bills, school supplies. Once, she even had her daughter ask my husband when the WiFi will come back on. The last straw for me was when she asked my husband for money to throw the daughter a birthday party when she returned after her TWO-MONTHS visitation with us. Mind you, my husband paid child support during the two months our daughter was with us. And like clockwork, she was definitely going to ask for school supplies money ($200) after her daughter returns. What I did was psycho my husband into filing for a complaint to modify the divorce decree terms and custody. Our daughter lives with us now in Nebraska and we are filing for child support enforcement because the ex has not given us child support since the temporary stipulated order in August last year up to now when the case has been closed in our favour for a month.

 

In Nebraska, you must pay child support through the state, and my husband at first did not know that, he paid through a joint account with the ex. When the state went after him for child support, my husband got out of it by proving that he was current. The mother lives in Virginia, and money was taken out in Virginia while my husband is in Nebraska, there are little purchases he made through his card(gas, food) to prove he was in Omaha at the time the money was withdrawn in Virginia. In addition to that, the money was withdrawn under the ex-wife's card. Even if she had gone through the trouble of claiming we didn't pay child support, which she is not beyond doing, she wouldn't get anything extra.

 

Unfortunately I cannot tell you if it will affect your K1 Visa, because my husband coincidentally settled the issue on June 2017, that mid-month was when we filed for K1. Nothing other than coincidence, we first met in person that late February, 4 months earlier, was already planning to file in April, just didn't get to it until then. Not being current on spousal/child support can be, not is, but can be grounds for rejection. It affects the Affidavit of Support. As long as your husband can support you while you are in America, or he can find a joint sponsor, you should be fine.

 

I really used to worry about it. I know how you feel. During the entire process, the ex was often jealous and kept threatening to either call the feds for some reason, or go to court for SOMETHING; for child tax credit issues, for more money other than child support, for Christmas presents money. Once, she said she would call USCIS informing them that i am a camgirl just looking for a green card. She said the feds will believe her because she is a citizen and I am just a foreigner. Another time she wanted to warn USCIS that my husband is a sexual predator. None of it is true. Legit for anything that she thinks she can, she will threaten to call SOMEBODY. My husband used to tell me during that time that it would be too ridiculous if the feds or any authorities including USCIS listened to every single jealous ex, so i hope my story helps put you at a little bit of an ease.

 

Fast forward a year and a half, we're really happy. My extended family, even the ex's parents and siblings have seen an obvious positive change on my daughter, they all talk about it to me all the time. I don't see an obvious change of course, because she lives with me, but I can tell you there is a humongous difference from when she was living with her mother and when she is living with me and my husband, down to hygiene practices.

 

If none of the above really helps you, then just make sure your husband is compliant and helpful with the feds or whatever authority. Do it all as quickly as possible. I'm very certain it will all work out for you.

[beloved_dingo 1,983]

1 minute ago, AmandaandChayne said:

Name changes for me and an overlapping relationship. We started dating when he was separated. Nothing else no convictions no red flagged jobs no medical issues. Nothing 

 

He spoke to human services.

My fiancé has now spoken to his lawyer and it won’t be going federal. Proof should all be sorted by next week. 

Did they keep your passport after interview? I would guess the name changes are causing the delay. Makes background checks take longer when they have to run 3 different names. And I recall reading in a previous thread that CEAC does show Non-immigrant AP for you. I know it's incredibly stressful to be stuck like this, but it still seems like you are heading towards "Issued" status.

 

And that's good. Ridiculous that his ex wants more than $4k a month, but at least he's got the proof on his side that he's been paying. I wish you both well. Hopefully you'll be able to share good news here on VJ before much longer.

[AmandaandChayne 734]

6 minutes ago, beloved_dingo said:

Did they keep your passport after interview? I would guess the name changes are causing the delay. Makes background checks take longer when they have to run 3 different names. And I recall reading in a previous thread that CEAC does show Non-immigrant AP for you. I know it's incredibly stressful to be stuck like this, but it still seems like you are heading towards "Issued" status.

 

And that's good. Ridiculous that his ex wants more than $4k a month, but at least he's got the proof on his side that he's been paying. I wish you both well. Hopefully you'll be able to share good news here on VJ before much longer.

Yes and no 221g.

guessing it’s buckle up and brace myself for a months long wait with the name checks. I changed to non immigrant on January 30th after being in immigrant ap since January 11th. Had a case last updated date change on Feb 13th.