I-864 only enforceable if immigrant gets visa correct?

[Strawberrymermaid 346]

Hello! 
 

I have filed for divorce against my spouse in Russia and just want to move on with my life. 
 

I successful wrote the Warsaw embassy and cancelled the case before the interview was ever scheduled and got confirmation. However the I-864 I signed is only valid if he would have gotten his visa is that correct? He’s coming after me for money/ alimony and I hope he doesn’t try to collect that amount for 10 years in alimony. 

[Chancy 6,241]

*** Moved from IR1/CR1 Process & Procedures to Effects of Major Family Changes on Immigration Benefits, where similar topics are discussed ***

 

21 minutes ago, Strawberrymermaid said:

However the I-864 I signed is only valid if he would have gotten his visa is that correct?

 

Correct.  More accurately -- the I-864 will be enforceable only after the beneficiary enters the US with their immigrant visa.  So, you have no I-864 obligation as you cancelled the case before the visa was even issued.

 

[Crazy Cat 41,814]

33 minutes ago, Strawberrymermaid said:

Hello! 
 

I have filed for divorce against my spouse in Russia and just want to move on with my life. 
 

I successful wrote the Warsaw embassy and cancelled the case before the interview was ever scheduled and got confirmation. However the I-864 I signed is only valid if he would have gotten his visa is that correct? He’s coming after me for money/ alimony and I hope he doesn’t try to collect that amount for 10 years in alimony. 

Where is your spouse right now?

[Strawberrymermaid 346]

16 minutes ago, Crazy Cat said:

Where is your spouse right now?

He is in Russia still. 

[Crazy Cat 41,814]

11 minutes ago, Strawberrymermaid said:

He is in Russia still. 

Then, you don't have to worry about the I-864....The real intent is to recover US government benefits..... which he won't be getting. In addition, if you withdrew it, it is also void.

Edited July 17, 2022 by Crazy Cat

[JeanneAdil 6,489]

he would have to file for alimony in US court with US lawyer so not sure how he would accomplish this

If u file for Divorce in Tn,   is he coming to fight the action 

alimony in our state is determined by who has funds and who needs them

being able to hire a US lawyer would be determintal to showing he needs funds

 

How is alimony determined in Tennessee?

 

There is no precise formula for calculating alimony. The court uses its discretion and crafts a solution on a case-by-case basis. In that process, the court generally considers the ability of one spouse to pay; and the needs of the other spouse to whom temporary alimony is sought to be paid.

 

and 

 

 

The civil action for alienation of affection has been abolished in Tennessee

 

 

 

[Family 3,988]

In either case your marriage is approx 2 yrs or less..but it would be nice to know from family law gurus , if he hires a US attorney how many times is it possible to waive appearance and prolong the misery?

 

One VJ poster reported bringing his wife ( though she was in US) to court 34 times just to drain her coffers. 
 

May i ask did you manage proof of service for Russia? 
 

No I-864 liabilities since you blocked his visa issuance 

[Strawberrymermaid 346]

12 minutes ago, JeanneAdil said:

he would have to file for alimony in US court with US lawyer so not sure how he would accomplish this

If u file for Divorce in Tn,   is he coming to fight the action 

alimony in our state is determined by who has funds and who needs them

being able to hire a US lawyer would be determintal to showing he needs funds

 

How is alimony determined in Tennessee?

 

There is no precise formula for calculating alimony. The court uses its discretion and crafts a solution on a case-by-case basis. In that process, the court generally considers the ability of one spouse to pay; and the needs of the other spouse to whom temporary alimony is sought to be paid.

 

and 

 

 

The civil action for alienation of affection has been abolished in Tennessee

 

 

 

Hmm this is actually helpful thank you! I had wanted to just file uncontested and part ways amicably but he asked for 25k in order for him to sign. 
 

My attorney has advised me that it may be best to offer something to try to settle since it is near impossible to serve him papers in Russia at this moment. 

[Strawberrymermaid 346]

1 minute ago, Family said:

In either case your marriage is approx 2 yrs or less..but it would be nice to know from family law gurus , if he hires a US attorney how many times is it possible to waive appearance and prolong the misery?

 

One VJ poster reported bringing his wife ( though she was in US) to court 34 times just to drain her coffers. 
 

May i ask did you manage proof of service for Russia? 
 

No I-864 liabilities since you blocked his visa issuance 

That is going to be the issue I believe- serving him. My attorney mentioned she believes he knows this and that is why he is asking for money, so we can settle and he gets something out of it since it will be so difficult to secure a process server in Russia 

[Family 3,988]

1 minute ago, Strawberrymermaid said:

That is going to be the issue I believe- serving him. My attorney mentioned she believes he knows this and that is why he is asking for money, so we can settle and he gets something out of it since it will be so difficult to secure a process server in Russia 

Invest a little  DIY research/time consulting w a few Real Russian US attorneys ( that work w the community) , just on the service issue. 
 

And of course, not my expertise, but is service by publication out of the question, given circumstances? 

[Strawberrymermaid 346]

2 minutes ago, Family said:

Invest a little  DIY research/time consulting w a few Real Russian US attorneys ( that work w the community) , just on the service issue. 
 

And of course, not my expertise, but is service by publication out of the question, given circumstances? 

That’s a good question. My attorney said she was looking into how to handle it last week and I think asking the judge in my county as well? Perhaps publication could be allowed but again a real mess given the current situation. What I’m also not understand is if I do agree to send him any money how would he even get it? All transfer services and bank cards have been cut off. Can you pay alimony in crypto? 😂😂 

 

Let this be a warning to those starting the process. Be absolutely sure this is what you want because it’s a mess to get out of 

[Family 3,988]

13 minutes ago, Strawberrymermaid said:

attorney said she was looking into how to handle it last week

I will let others chime in , but advising you to settle for $25 k before confirming she researched ALL possibilities of service is premature. Many Russia experts on VJ , hope you get many responses 

[Family 3,988]

A quick Google 
 

https://www.legallanguage.com/legal-articles/update-how-to-service-process-in-russia-2018/

[SalishSea 17,803]

4 hours ago, Strawberrymermaid said:

Hello! 
 

I have filed for divorce against my spouse in Russia and just want to move on with my life. 
 

I successful wrote the Warsaw embassy and cancelled the case before the interview was ever scheduled and got confirmation. However the I-864 I signed is only valid if he would have gotten his visa is that correct? He’s coming after me for money/ alimony and I hope he doesn’t try to collect that amount for 10 years in alimony. 

Oh noI  Sorry to hear.  Aren't you the ones who met on a cruise?

Edited July 18, 2022 by Jorgedig

[SalishSea 17,803]

2 hours ago, Strawberrymermaid said:

Hmm this is actually helpful thank you! I had wanted to just file uncontested and part ways amicably but he asked for 25k in order for him to sign. 
 

My attorney has advised me that it may be best to offer something to try to settle since it is near impossible to serve him papers in Russia at this moment. 

I wouldn't give him a dime.  Totally opportunistic money grab.

 

In most cases, 'alimony,' or spousal support is designed to help the spouse with fewer resources to "get back on their feet."  Did you live together, and did you support him financially?  

 

Personally, I'd dig my heels in.  Sounds like it was a short marriage that didn't even progress to living together, and someone wants to harvest the US dollar.