When does that 10 years of support start and end? I-864

[TBoneTX 44,910]

6 minutes ago, Lemonslice said:

I think some sponsors will have to wait for the 40 quarters of work to be set,  or strongly encourage citizenship, before contemplating a divorce that would lead directly to bankruptcy.

As stated, if case law is this firm, no way would I contemplate signing an I-864 otherwise.

[Cali_D 43]

It's now 1 year later so I thought I would update this thread for those that remember this from a year ago. I am not looking to argue. I know people will say this is wrong, but it's not. For those saying it's a federal matter, not a state matter. Your wrong also. Your state and county matter a lot because divorce and cost of living are factored by those things. 

 

I have been to court more times then I can remember in the last 2 years. During the last 1 year (since my last post), I hired more 2 lawyers. 1 specializing in immigration law and 1 that is a divorce lawyer. The first thing to note is, 99% (I made that number up, but it's most) of immigration lawyers have no idea how divorce works. They only know how to get immigrants to America. Full Stop.

 

After a few months the immigration lawyer admitted he had no idea about any of this and he removed himself from the case. He openly admitted he had no idea the i-864 was so binding to the sponsor.  To be clear, I have now brought 2 different immigration lawyers to court and they were both useless. Trust me, stop paying them. Get a Family Law attorney and nothing else. 

 

Everyone's thinks the I-864 document only binds you to pay back the government. This is 100% false. My lawyers found countless cases that sponsors were paying their immigrant Ex directly. When going before multiple different judges the judges all cited those cases and scoffed at the idea that I would not have to pay my ex directly. And to make matters worse, most people think it's for 40 quarters (10 years). Normally it is. However, in some rare situations it can be much more. The reason it's stops after 10 years is most immigrants get a maximum of a 10 year green card. If that is not your situation, then the 10 years stops when the immigrant works and pays social security for 40 quarters. That 40 quarters may take 80 quarters to achieve, so be it. Bad luck for you. 

 

I am now done with this completely, their is no higher court, there are no more appeals. This is final. 

 

I don't want to stir up a hornets nest, because last year people thought I was dead wrong and argued forever about it. But I have now met dozens of men who are in the exact same situation I am in so I want to warn people. Unfortunately for me, I am California and the cost of living is high, and I have a high income. I will be paying thousands of dollars every month for 10 years. This stops when she dies, marries, or works for 10 years. Thats it. Case closed. If someone tells you different their are only 2 possibilities: They are lying or their Ex didn't' know the law and they got lucky. 

[Boiler 45,125]

We know that spouses  use the i 864 to obtain support in Divorce Cases. Links were provided to a Law practice that does just this and court case.

 

People are warned all the time of the extent of their obligations under the I 864, now most seem to ignore it, it will never happen to me etc.

 

I think the misleading 10 years came out of the 40 Quarters = 10 years, the 10 year GC is irrelevant.

 

Many sponsored persons will never achieve 40 Quarters, people who sponsor aged parents for example, and I have seen cases where disabled children/adults who will clearly never work are sponsored..

 

On the other hand there are spouses who never work but because the marriage has lasted long enough to acquire 40 quarters based on their US Spouses contributions.

 

 

[TBoneTX 44,910]

2 hours ago, Cali_D said:

I thought I would update this thread

Thanks very much for returning with your update and findings.

2 hours ago, Cali_D said:

I have now brought 2 different immigration lawyers to court and they were both useless. Trust me, stop paying them. Get a Family Law attorney and nothing else. 

Some folks may be lucky enough to find an attorney who practices both immigration and family law.  They're out there.

2 hours ago, Cali_D said:

I will be paying thousands of dollars every month for 10 years.

Sorry to hear it, brother.  Let's hope that she marries or whatever.  Sincere sympathies, and all the best to you.