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

[Boiler 45,445]

So there was no mention of 10 years, that confused me. 

[Redro 4,611]

4 minutes ago, Cali_D said:

Do you guys care more about being right? Or helping people?

 

Are you suggesting I am lying because I didn't remember the amount I pay every month? Ridiculous. 

 

Also, she is under no obligation look for work. She would be obligated to supplement her income if I was paying her spousal support. But I do not pay spousal support. I-864 income is not spousal support. And yes, she could try to collect after 10 years. The Kumar case was ruled on in 2017 (I think). It will be interesting to see what happens after 10 years. For now, it being interpreted by the court as 10 years. 

I care about helping people. 
I’m not saying you’re lying. 
im saying you’ve changed the amount several times so how much you’re paying is inconsequential TO YOU… but for others thinking about sponsoring an immigrant… paying $1500 or $2000 or $4000 a month would probably make them think twice about signing an I864.

So, for the benefit of others reading about your situation. I appreciate clarity. 
And as always the main question is “when did the 10 years start?” 
and the case wasn’t settled in 2017 it was remanded back to trial court… 

 

 

[Redro 4,611]

9 minutes ago, Cali_D said:

 

Good question, I asked all these questions today. Also, they were clearly spelled out in my judgement papers. 

 

If she works 40 quarters, I stop paying.

If she becomes a citizen I stop paying.

If she goes home tomorrow temporally, I still pay. If she changes her permanent residence, I stop paying. 

If she dies, I stop paying. 

There is my answer.

Your 10 years will never end unless one the above mentioned events occurs (according to your agreement). 

[Cali_D 43]

1 minute ago, Redro said:

I care about helping people. 
I’m not saying you’re lying. 
im saying you’ve changed the amount several times so how much you’re paying is inconsequential TO YOU… but for others thinking about sponsoring an immigrant… paying $1500 or $2000 or $4000 a month would probably make them think twice about signing an I864.

So, for the benefit of others reading about your situation. I appreciate clarity. 
And as always the main question is “when did the 10 years start?” 
and the case wasn’t settled in 2017 it was remanded back to trial court… 

 

 

 

That's why I said (I think). Anyways, not looking to argue. I am just telling everyone what 3 lawyers told me today after about 2 hours.

 

You know what really sucks. I can't image the bill I will get for paying for that meeting! lol 😂

[Boiler 45,445]

22 minutes ago, TBoneTX said:

If case law is this firmly established, and if this obligation becomes widely known, it's foreseeable that many U.S. petitioners will refuse to sign the I-864, and there will be fewer international marriages.  I would not sign one under these circumstances.

 

I tend to agree with you, I was just thinking of a few cases we have seen on here. One very recently where the USC was retired or nearly retired and the beneficiary had very good working potential. And a couple of children!

 

Also another case where the USC was a stay at home mum and they were using the beneficiaries assets to meet the requirement, quite a few where the beneficiary has the income that will continue in the US.

 

And then we thow is all the people who use Joint Sponsors.

 

The more I think of it the more complicated this becomes. I mentioned above the assets aspect, $75,000 lump sum is a lot more attractive than $25,000 a year.

 

Interpretation, Reality and Practice do not match.

[Cali_D 43]

5 minutes ago, Redro said:

There is my answer.

Your 10 years will never end unless one the above mentioned events occurs (according to your agreement). 

 

In the end, you may be right. Though my agreement does have a date for start and stop. She can try to sue me after 10 years, and may very well win. Though, this brings up a different problem. She has a 10 year green card. So if she gets that extended (without me), it may release me of my responsibility. Though, this is just a thought. I have no idea if that is true. Anyway, that's a different topic. 

 

But for sure my agreement has an end date for the 10 years. Looked at it today. 

Edited July 19, 2023 by Cali_D

[Redro 4,611]

12 minutes ago, Cali_D said:

 

In the end, you may be right. Though my agreement does have a date for start and stop. She can try to sue me after 10 years, and may very well win. Though, this brings up a different problem. She has a 10 year green card. So if she gets that extended (without me), it may release me of my responsibility. Though, this is just a thought. I have no idea if that is true. Anyway, that's a different topic. 

 

But for sure my agreement has an end date for the 10 years. Looked at it today. 

Only the 2 year green card requires bonafide marriage evidence and even then the applicant can apply with a divorce waiver… unfortunately, as long as your ex does not meet the above mentioned requirements the actual I864 remains in effect. So, in 10/20/30 years time if she does not have the 40 quarters of work and she ever goes on assistance the government can theoretically pursue repayment from you… 

You mentioned your ex was extremely smart… I can see how she probably had the agreement of 10 years so she could pursue a COL increase argument in 10 years time (as opposed to relitigating the agreement once a year) or to see how case law had evolved in the next 10 years.  
If my statements/ questions came across as arguments apologies. I was only seeking clarity. 

Edited July 19, 2023 by Redro

[Cali_D 43]

1 minute ago, Redro said:

Only the 2 year green card requires bonafide marriage evidence and even then the applicant can apply with a divorce waiver… unfortunately, as long as your ex does not meet the above mentioned requirements the actual I864 remains in effect. So, in 10/20/30 years time if she does not have the 40 quarters of work and she ever goes on assistance the government can theoretically pursue repayment from you… 

You mentioned your ex was extremely smart… I can see how she probably had the stipulation of 10 years so she could pursue a COL increase argument in 10 years time. 
If my statements/ questions came across as arguments apologies. I was only seeking clarity. 

 

Thank you for your civility. Cheers. Off to the gym now, so I won't be replying to anyone tonight. 🙂

[Ontarkie 14,217]

11 minutes ago, Cali_D said:

 

In the end, you may be right. Though my agreement does have a date for start and stop. She can try to sue me after 10 years, and may very well win. Though, this brings up a different problem. She has a 10 year green card. So if she gets that extended (without me), it may release me of my responsibility. Though, this is just a thought. I have no idea if that is true. Anyway, that's a different topic. 

 

But for sure my agreement has an end date for the 10 years. Looked at it today. 

That is exactly what you needed to do, as that is what you have to follow. So how many more years do you have to go? 

[Cali_D 43]

Just now, Ontarkie said:

That is exactly what you needed to do, as that is what you have to follow. So how many more years do you have to go? 

 

Just under 2 years (or about) remaining on the (at least) 10 years or 40 quarters.. ok, this time I am really going... cheers. 

[Boiler 45,445]

2 minutes ago, Redro said:

Only the 2 year green card requires bonafide marriage evidence and even then the applicant can apply with a divorce waiver… unfortunately, as long as your ex does not meet the above mentioned requirements the actual I864 remains in effect. So, in 10/20/30 years time if she does not have the 40 quarters of work and she ever goes on assistance the government can theoretically pursue repayment from you… 

You mentioned your ex was extremely smart… I can see how she probably had the stipulation of 10 years so she could pursue a COL increase argument in 10 years time (as opposed to relitigating the agreement once a year) 
If my statements/ questions came across as arguments apologies. I was only seeking clarity. 

The card is just evidence of status, not the status itself.

 

I would have thought you could have just said the amount stated in the I 864P? No need for the Court to revisit it.

[Redro 4,611]

11 minutes ago, Boiler said:

The card is just evidence of status, not the status itself.

 

I would have thought you could have just said the amount stated in the I 864P? No need for the Court to revisit it.

This is why the amount he is paying per month is important. It appears to be more than i864P… is this because lawyers requested a figure that would theoretically cover the COL increases for the 10 years he is paying? 

[Boiler 45,445]

5 minutes ago, Redro said:

This is why the amount he is paying per month is important. It appears to be more than i864P… is this because lawyers requested a figure that would theoretically cover the COL increases for the 10 years he is paying? 

Using any Annuity rates I can think of as being reasonable it would be a lot more than that.

[Lemonslice 4,831]

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.

[Boiler 45,445]

5 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.

 

I could see that if it was the Sponsor looking for a Divorce and are basically stuck, what if it is an abusive relationship, seems contrary to Public Policy.