Do you go to jail if you can't afford I-864 support payments?

[ConcernedMoose 0]

Hi everyone, I'm just a bit paranoid because I'm not actually in this situation yet, but I'm very likely going to get divorced soon and the possibility of being sued over the I-864 terrifies me so much. My wife doesn't know about it and I don't think she's such a bad person that she would try to do it, but just the possibility of it is so disturbing. Honestly, I'm broke and there's no way I could even afford to send her $1000+ a month. 

 

Does the court even care or would they just send you to jail if you aren't able to afford the payments? This is one of the most disturbing things and I wish I had taken it more seriously before I got married.

[EM_Vandaveer 2,408]

5 minutes ago, ConcernedMoose said:

Hi everyone, I'm just a bit paranoid because I'm not actually in this situation yet, but I'm very likely going to get divorced soon and the possibility of being sued over the I-864 terrifies me so much. My wife doesn't know about it and I don't think she's such a bad person that she would try to do it, but just the possibility of it is so disturbing. Honestly, I'm broke and there's no way I could even afford to send her $1000+ a month. 

 

Does the court even care or would they just send you to jail if you aren't able to afford the payments? This is one of the most disturbing things and I wish I had taken it more seriously before I got married.

What payments? Has your wife taken public benefits that the government could sue you to pay back? This is the actual purpose of the I-864 (and it is not something the government does nowadays, anyway)...

[ConcernedMoose 0]

5 minutes ago, EM_Vandaveer said:

What payments? Has your wife taken public benefits that the government could sue you to pay back? This is the actual purpose of the I-864 (and it is not something the government does nowadays, anyway)...

I was reading about how you're obligated to maintain them at 125% of the poverty level, so for example, if she divorced me and sued me on that basis but never got a job, then I would have to pay her roughly $1200 a month to maintain her at 125% of the poverty level. 

[EM_Vandaveer 2,408]

4 minutes ago, ConcernedMoose said:

I was reading about how you're obligated to maintain them at 125% of the poverty level, so for example, if she divorced me and sued me on that basis but never got a job, then I would have to pay her roughly $1200 a month to maintain her at 125% of the poverty level. 

If she sued you on that basis and if she won. That's a lot of ifs. Basically, it's unlikely that you'll end up having to pay her ALIMONY of $1200/month. Now if you have children & she gets custody of them, child support is a different story.

NOTE: I'm not a lawyer, nor do I play one on TV & this isn't legal advice. 

[SalishSea 17,829]

1 hour ago, ConcernedMoose said:

Hi everyone, I'm just a bit paranoid because I'm not actually in this situation yet, but I'm very likely going to get divorced soon and the possibility of being sued over the I-864 terrifies me so much. My wife doesn't know about it and I don't think she's such a bad person that she would try to do it, but just the possibility of it is so disturbing. Honestly, I'm broke and there's no way I could even afford to send her $1000+ a month. 

 

Does the court even care or would they just send you to jail if you aren't able to afford the payments? This is one of the most disturbing things and I wish I had taken it more seriously before I got married.

No, you will not go to jail.   The federal government can seek repayments of means-tested benefits used by an immigrant who is not eligible to use them.

 

There isn't a set "payment plan" associated with the responsibilities of sponsorship.

 

Does your wife work?  Or if no, does she have the capacity/intent to?  

 

There could be court-ordered support payments, but that is a family law issue, not immigration.

[Mike E 11,739]

If her income falls below $1400 per month or so, she can successfully sue you for the difference 

 

Some lawyers highlight this in their practice 

Edited August 1, 2022 by Mike E

[Palawan 131]

On 7/31/2022 at 8:17 PM, ConcernedMoose said:

Hi everyone, I'm just a bit paranoid because I'm not actually in this situation yet, but I'm very likely going to get divorced soon and the possibility of being sued over the I-864 terrifies me so much. My wife doesn't know about it and I don't think she's such a bad person that she would try to do it, but just the possibility of it is so disturbing. Honestly, I'm broke and there's no way I could even afford to send her $1000+ a month. 

 

Does the court even care or would they just send you to jail if you aren't able to afford the payments? This is one of the most disturbing things and I wish I had taken it more seriously before I got married.

No you will not go to jail over the I-864, I have never heard of the governemnt enforcing it.

 

If you do plan on divorcing, get an attorney who specializes in divorce and have him plan your exit strategy, You will probably get out owing nothing. Good luck

[JeanneAdil 6,505]

https://www.justia.com/immigration/marriage-family-based-petitions/i-864-support-and-divorce/#:~:text=Divorce does not release a,only to eventually divorce them.

 

read what justa says about the I 864 and divorce /it suggests to negotiate during the divorce

 

1. have u tried consuling?

2. Is she is shelter where she would have a pro bono attorney 

3. and yes,  you should have not signed a I 864 if you had not enough money to support a wife but now the courts will decide on alimony and /or child support .  no timeline but i would help her to get a job or become a citizen

4. from what u write not sure how u afford a divorce lawyer / they are not cheap so the 2 of u NEED  to talk and figure a way to do this with minimal damage to both 

[Crazy Cat 41,856]

8 hours ago, Palawan said:

No you will not go to jail over the I-864, I have never heard of the governemnt enforcing it.

I-864s have been used in divorce judgments. 

 

Affidavit of Support Implications in Divorce in Marriage-Based Immigration | Phillips Murrah P.C.

[Villanelle 4,122]

In the US there are no 'debtors prisons'. You can not go to jail for owing money (outside of the criminal system where if you fail to pay fines you can be punished).

 

IF an 864 suit is brought forth it is in civil court. The civil court has 0 mercy for your personal situation and will order you to pay apx 1k/month to keep them above guidelines. They will garnish your paystubs and place liens on your property and assets. They will not care if they garnish your entire paycheck and you are left penniless.

 

Im not sure why you are overly concerned about this 'doomsday scenario' if your soon to be ex has not expressed intentions to file such a suit, in fact you say she probably doesn't even know it's an option. 

 

Did you cheat on your spouse or otherwise hurt them in a way you now fear retribution? Or are you trying to be realistic and are thinking theres no way she would be able to support herself outside of the marriage? 

 

If its the latter you can make provisions in the divorce to help get her on her feet.  

 

Many also suggest purposely including a limited alimony with specific wording- speak to an attorney who is familiar with 864 suits about such. The idea is that once a matter has been ruled upon another court can not step in and rule again. So if divorce court says 500 month in alimony for 2 years as 864 obligation then thats it. A suit couldn't be brought forth in the future under the 864. 

 

There is no guarantee though that doing the above will 100% prevent a future 864 suit. In theory yes. In reality those who have done this have been successful in avoiding a future suit because the immigrant became stable and never pursued additional suit. 

[Palawan 131]

On 8/1/2022 at 11:24 AM, Crazy Cat said:

I-864s have been used in divorce judgments. 

 

Affidavit of Support Implications in Divorce in Marriage-Based Immigration | Phillips Murrah P.C.

Please take time to read my comment, I said "No you will not go to jail over the I-864, I have never heard of the governemnt enforcing it"

 

Family court is not Federal Court

[Crazy Cat 41,856]

23 minutes ago, Palawan said:

Please take time to read my comment, I said "No you will not go to jail over the I-864, I have never heard of the governemnt enforcing it"

 

Family court is not Federal Court

Of course, Family Court is not Federal Court.  The point is:  An I-864 CAN be used to enforce the FINANCIAL SUPPORT a divorced immigrant (through a civil divorce/Lawsuit).....   Regardless of whether the Government has enforced them, I-864s can be used in divorce judgements.

Edited August 1, 2022 by Crazy Cat

[Chancy 6,241]

*** Moved from General Immigration-Related Discussion to Effects of Major Family Changes forum, where topics about I-864 enforcement after divorce are discussed ***

 

[Ontarkie 14,223]

Even if she has a lawyer to sue for support, they will also have to look at your income. It's not like you can get blood from a stone. 

[Mike E 11,739]

2 hours ago, Crazy Cat said:

Of course, Family Court is not Federal Court.  The point is:  An I-864 CAN be used to enforce the FINANCIAL SUPPORT a divorced immigrant (through a civil divorce/Lawsuit).....   Regardless of whether the Government has enforced them, I-864s can be used in divorce judgements.

The I-864 contract is separate from a divorce settlement and so a divorce is not needed to enforce an I-864.  Indeed all sponsors of an immigrant are coming nb the hook. No FB-based immigrant has an obligation to earn 125 per debt of the poverty threshold. 

4 minutes ago, Ontarkie said:

Even if she has a lawyer to sue for support, they will also have to look at your income.

 

I know of no legal means to terminate the I-864 obligation. Congress didn’t write an out into INA  for the case when the sponsor no longer has sufficient income.  I don’t see a federal judge coming up with one out of thin air.  

4 minutes ago, Ontarkie said: