Fraud

[hayasa 0]

Hi all. I'd like to find out regarding public assistance, but before I get to my question, I need to briefly explain the situation that I found myself in. I got married at 35 (I'm a USC) to a man living overseas. By the time he moved to the US, with covid delays included, it took a while. So we got married in mid 2018, he moved to the US in April 2021. So he's been in the US for 6 months now to be exact. As mentioned, I was already 35 when we met and prior to meeting him, I was already contemplating to have a baby as I didn't want my fertile years to pass me by, but since we met and he told me how much he wanted to have kids (2), I figured that I finally married, so no need to be a single mom as I met a great man at last! Right!!!

 

So now I am almost 39 and once my husband moved to the US, he started mentioning that he doesn't want a child! This was surprising to me as that's not what I heard before. he is 44 and doesn't have any prior kids either. His argument is that he doesn't want to be responsible for child support just in case I kick him out one day. He even suggested that he agrees to have a child with me, but that I would need to sign a paper stating that I won't hold him responsible financially for the child LOL. So his rhetoric regarding this changed. After 90 days of his move to the US, he got his 10-year permanent green card this summer.

 

Now I am filing for divorce after wasting so much time on him since he doesn't want a child and I just do not have time to waste. I will most likely use sperm bank to become a mother at last for the first time. I'm so dissapointed in relationships and can't believe anyone anymore. I can't invest time in finding a partner again because it's not guarantee and only God knows when that will happen and I'm most likely not even as fertile as a few years ago. At least becoming a mom will take the burden of motherhood off my shoulders and if I meet someone worthy later on, then that would be great, but I don't want to desperately look for anyone. I actually feel sickened right now as how he changed 180 degrees once he got his green card regarding this issue. I do feel duped and defrauded to be honest.

 

My questions are the following:

1) I suppose having a 10 year permanent card now, there's no point in notifying immigration about this? Although I know that I was defrauded, but who knows how USCIS will look at this. Now that I am filing for divorce, should I send USCIS our divorce decree myself in 6 months (California) once it's finalized to have them file it on their end. I was also thinking to write a brief summary regarding our relationship to let them know that we only lived together for 6 months! Or.... should I not bother sending immigration our divorce decree? Will my soon to be ex husband file for citizenship after 5 years due to this divorce?

 

2) He is currently working for cash (undeclared) yet recently applied for food stamps (cal fresh) and medical. I know that as a sponsor myself, having filed AoS (864) for him, I am supposed to be on the hook for any public assistance that he gets, but I also saw that cal fresh (food stamps) and medical are no longer considered as public assistance. Could you please confirm this? I did see it on an ad that one of my parents received where it was highlighted that getting calfresh assistance is not public assistance. I just wanted to confirm please as I am now worried that he is getting the aid yet relieved to see that the public assistance requirement has changed recently. I suppose it was considered as public assistance during Trump? 

[HRQX 4,145]

21 minutes ago, hayasa said:

there's no point in notifying immigration about this?

Essentially, just divorce and move on. If you want to send DHS something look at the bottom of each page on this site:

Quote

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.

 

21 minutes ago, hayasa said:

(864) for him

Generally, the Govt tends not to enforce (i.e. try to collect from Sponsor) after the Immigrant uses public assistance. But during divorce proceedings, the I-864 may or may not be brought up: http://i-864.net/divorce-form-864-affidavit-support/

Quote

In some states, judges will consider the I-864 in a divorce case. The judge may be willing to enforce the I-864 and to award alimony based on the I-864.

 

But in other cases, divorce courts refuse to enforce the I-864. In those states, the courts believe that the I-864 should be enforced through a separate lawsuit. Those courts say that alimony laws cannot be used to enforce a federal contract like the the I-864.

 

*** Moved to Effects of Major Family Changes on Immigration Benefits forum ***

Edited October 7, 2021 by HRQX

[Boiler 45,531]

1. Not relevant to notify USCIS, divorces happen and he has his 10 year GC.

 

2. Not normal for the US Government to enforce the I 864, bigger issue if it comes up in the Divorce proceedings.