Previously permanently barred, marriage fraud

[Ontarkie 14,234]

You could ask your lawyer if hiring a PI to help prove he is working under the table can help you with his support demands and maybe help for child support.

 

 

[Boiler 45,558]

Normally an income would be imputed, collecting is the tricky bit.

[Lemontree 6]

2 minutes ago, Ontarkie said:

You could ask your lawyer if hiring a PI to help prove he is working under the table can help you with his support demands and maybe help for child support.

 

 

Never thought of that! 

 

Thanks! 

[Mike E 11,739]

Agreed that the marriage fraud ship has sailed.

 

Varies by state, but spousal support calculator is at: https://divorce.laws.com/spousal-support/spousal-support-calculator

 

Quote

Spousal Maintenance= (30% of supporter’s gross income) – (20% of the supported party’s gross income)

The duration of maintenance varies by length of marriage:

 

Quote

 

1) Marriage of 0-3 years X 30%

2) Marriage of 3-10 years X 50%

3) Marriage of 10-20 years X 75%

4) Marriage of 20 years or more may result in permanent support

 

So assuming OP grosses $4000 a month, OP's spouse has zero income then for a 24 month marriage OP is looking at:

 

$4000/month  * 0.3 * 24 months * 0.3 = $8640 of total alimony. Tax free to OP's spouse.

Less than the I-864 requirement.

Since OP mentioned that OP's spouse is not paying social security tax, my advice is to report to IRS, and then report the alleged tax violations to DHS.

Edited April 28, 2021 by Mike E

[Marthaeu 39]

6 hours ago, Lemontree said:

I'm seeking advice. 

 

Soon to be ex, was previously permanently barred for willful misrepresentation (working under the table) & overstating visa.

 

I applied for waiver of inadmissibility for extreme hardship

 

He gets it, enters the US with permanent GC & files for divorce 10 days after leaving and changing address, seeking spousal support

 

In total we lived together overseas 60 days.

 

Any advice on where to report (other than site) will be appreciated 

 

Thank you

Unfortunately for you, he knew what he was doing and he knows immigration laws, he knows that you will be responsible until he complete 40 credits and working under the table will not do it and will not go in search of citizenship.  

 

Reporting fraud doesn't work.  I know of cases that have been reported at the time of marriage and have received GC for 10 years and nothing ever happened.  
 

On the other hand you need a good lawyer for divorce.  Free yourself and look to the future.  
 

People like him have the time to pay for their wrongdoing, and without you lifting a finger.  Seek your happiness.  I wish you good luck!

[Sparkle Sparkle 914]

Since he filed for spousal support....then you should file for child support...there has to be balance somewhere

[Crazy Cat 41,901]

2 minutes ago, Sparkle Sparkle said:

Since he filed for spousal support....then you should file for child support...there has to be balance somewhere

Agree.  There is no way he will escape supporting his child.  That could be why he withdrew his filing.   I would go after him tooth and nail for child support.

[Zoeeeeeee 797]

33 minutes ago, Lemontree said:

I'm blocked on all social media accounts

Set up a catfish account. Seriously. My (now-deceased) dog had a Facebook account 😆 - and by that I mean, I had a separate account set up for him...so no reason why you can't create an account for a gorgeous, local woman, who may want to add your ex as a friend...

 

I mean, that's if you think viewing his social media activity will be beneficial to you. 🤷‍♀️

[African Zealot 1,455]

Although the conventional response you will receive here is cut your losses, secure yourself and heal I believe that when it’s within ones power to wreak some retribution on someone who took advantage of you, you go for it. Vengeance can be very satisfying indeed so far as you’re not consumed by it.

 

It’s not true that people always reap what they sow. Karma sometimes fails. Some people harm a lot of innocent people and never suffer any earthly consequences.

 

Definitely get him (and his employer) on the illegal working under the table bit with IRS and hopefully they hit him with a stiff bill plus penalties. Hammer him on child support.

 

Of course we’re only hearing your side of the story however it appears your ex was a cold hearted straight up user. 

 

My $0.02!

Edited April 28, 2021 by African Zealot

[randy32 165]

Sorry about the tough spot you find yourself.

 

Get a lawyer, file for divorce.

Request child and spousal support if possible that will might put him in a spot and maybe even out any support you might have to give him because of the I864

He will have to show how he does or doesn't support himself if he asks for support there.

Catch 22 on your immigration responsibility. The government does not go after as many people as they should but when the do they really do. He will have to file for support somewhere and bring up the I864. Again catch 22 for you to think about.

 

Also if you had filed joint taxes, I think he gets credited with some work quarters, keep track of those. Hopefully he works somewhere to make him reach 40 work quarters.

 

lots of these little things and might be your way forward

[Nitas_man 3,100]

12 hours ago, Lemontree said:

Thanks

I just wanted to hear from other experiences. I'm a mother and refuse to pay a penny taken away from my kid (yes, they're his,  but he isn't supporting his child) 

 

I'm not leaving a stone unturned & going for the jugular defending my child's future 

Interesting.  Nothing tangles up immigration like unpaid child support.  
Family courts don’t look kindly on people who abandon their kiddos.  When did you file?  Support orders are retroactive to the filing date.

Edited April 29, 2021 by Nitas_man

[SusnOwen 159]

If you know where he is working, your divorce lawyer can subpoena his employer.  He's also obligated to pay child support if the child is his.  To get spousal support in most states, he will need to prove that you provided for his support throughout the marriage.  Without that, he has a hard hurdle to climb to get that.  Honestly, focus on the divorce and forget the immigration aspect, that is done.  If you have a child together, it's better for you to have him here in the US because once the child support order is in place, you will have a better chance of enforcing it.  Whether he pays it or not, the judgement will stand and accrue interest on the unpaid amount.

[SusnOwen 159]

14 hours ago, Mike E said:

Agreed that the marriage fraud ship has sailed.

 

Varies by state, but spousal support calculator is at: https://divorce.laws.com/spousal-support/spousal-support-calculator

 

The duration of maintenance varies by length of marriage:

 

So assuming OP grosses $4000 a month, OP's spouse has zero income then for a 24 month marriage OP is looking at:

 

$4000/month  * 0.3 * 24 months * 0.3 = $8640 of total alimony. Tax free to OP's spouse.

Less than the I-864 requirement.

Since OP mentioned that OP's spouse is not paying social security tax, my advice is to report to IRS, and then report the alleged tax violations to DHS.

But the spouse seeking support, in most states, will have to prove that they were reliant on their spouse for support.  It's not just based on the length of marriage.

[Mike E 11,739]

3 hours ago, SusnOwen said:

But the spouse seeking support, in most states, will have to prove that they were reliant on their spouse for support.  It's not just based on the length of marriage.

IOW I’ve provided a ball park upper bound.  

[Lemontree 6]

3 hours ago, SusnOwen said:

If you know where he is working, your divorce lawyer can subpoena his employer.  He's also obligated to pay child support if the child is his.  To get spousal support in most states, he will need to prove that you provided for his support throughout the marriage.  Without that, he has a hard hurdle to climb to get that.  Honestly, focus on the divorce and forget the immigration aspect, that is done.  If you have a child together, it's better for you to have him here in the US because once the child support order is in place, you will have a better chance of enforcing it.  Whether he pays it or not, the judgement will stand and accrue interest on the unpaid amount.

Having 100 bucks a month but a headache of a lifetime ain't with it.

 

Luckily, I've never supported him. I'm a mere education sector professional while he's been making 6 figure salary working in outposts overseas in oil industry. 

 

Make it make sense