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

[Boiler 45,445]

Just now, Darryl_F said:

I had 1 figure wrong. it's 2k a month, not 4k. I just looked at my pay stub. (first time I checked it after divorce).

 

So, I must pay her 2k a month just from the Affidavit of Support. I pay zero alimony because we settled on 250k payout. This large payout is in no way related to my monthly support from Affidavit of Support I signed. This was a divorce settlement. This let me keep my home and 401k which is worth waaaaay more than 250k. 

Also, no children. 

My first impression is that you were hosed.

 

And you used a Divorce Lawyer?

[TBoneTX 45,259]

You were most certainly hosed.  Where did you find your divorce lawyer... and where did she find hers?

[Mike E 11,739]

44 minutes ago, Darryl_F said:

CrazyCat .... (not sure how to quote you)

 

If she doesn't want to become a US citizen, can I force the issue legally? She has no reason to change anything. She lives here for free.

Yoy are paying her 2K and month and at 4% interest per year on 250K she is drawing 10K per year or $800 a month. 
 

At $2800 per month, she cannot successfully enforce I-864 against you:

 

1. Why did you give her 250K?

 

2. Why are you giving her 2K a month?

 

 

[TBoneTX 45,259]

Pending specific answers to everyone's current questions, I'm inclined to recommend that you find a capable (and bulldog) attorney who will file for revisions to the Support agreement now on file.

[Cali_D 43]

Well, I wasn't going to talk about this as it is not related to my original question. I live in California, which means anything we acquire after marriage (huge house) she can claim half of. I bought a 2 million dollar home that has over a million in equity. I kept that. I have over a million in my 401k, I kept that. And I have a lot more in cash and investments. I was super luck with my payment. 

 

Again, the 2k a month is in NO WAY related to the large payment. I did have a lawyer, I just never asked my original question. California divorce law and the agreement I made to support her to the Federal government is not connect. The Judge didn't even discuss that. 

 

Sorry I caused a stir. I thought my 1 question would be simple to answer. 😀

Edited July 14, 2023 by Darryl_F

[Mike E 11,739]

You should have prenuped.

 

I do not know where you are getting 2K per month. Cite pls.

[Crazy Cat 41,811]

2 minutes ago, Darryl_F said:

Well, I wasn't going to talk about this as it is not related to my original question. I live in California, which means anything we acquire after marriage (huge house) she can claim half of. I bought a 2 million dollar home that has over a million in equity. I kept that. I have over a million in my 401k, I kept that. And I have a lot more in cash and investments. I was super luck with my payment. 

 

Again, the 2k a month is in NO WAY related to the large payment. I did have a lawyer, I just never asked my original question. California divorce law and the agreement I made to support her to the Federal government is not connect. The Judge didn't even discuss that. 

 

Sorry I caused a stir. I thought my 1 question would be simple answer. 

So, your I-864 is unrelated to the current divorce support agreement.  To terminate the agreement, between you and the US government, convince her to naturalize.  Good luck.

[Cali_D 43]

I did Have a pre-nub, thus my low payout. I don't think you understand. I have nearly 6 million in assets. Much of this is liquid. In the State of CA, she was entitled half of everything we BOTH acquired AFTER marriage. I am not unhappy with the payout. Also, the 2k is not that big of a deal, just didn't like the idea of her being a bum for the rest of her life. LoL

 

Mike, nothing to cite this is what the Federal Government told me I must pay. My paystub reflects this. 

Edited July 14, 2023 by Darryl_F

[Crazy Cat 41,811]

1 minute ago, Darryl_F said:

I did Have a pre-nub, thus my low payout. I don't think you understand. I have nearly 6 million in assets. Half of which is liquid. In the State of CA, she was entitled half of everything we BOTH acquired AFTER marriage. I am not unhappy with the payout. Also, the 2k is not that big of a deal, just didn't like the idea of her being a bum for the rest of her life. LoL

 

Mike, nothing to cite this is what the Federal Government told me I must pay. My paystub reflects this. 

I don't think you have to ever worry about the I-864 obligations...ever.

[TBoneTX 45,259]

2 minutes ago, Darryl_F said:

this is what the Federal Government told me I must pay

Confused.  Are you reading the I-864 such that it says that you must pay her $___ as support?  Did you or someone assume that this is what the I-864 meant?

[Crazy Cat 41,811]

2 minutes ago, Darryl_F said:

this is what the Federal Government told me I must pay.

Court order?  Divorce agreements are state issues.

[TBoneTX 45,259]

You should not have to pay one penny to her as a consequence of the I-864.

[Demise 1,277]

1 hour ago, Darryl_F said:

Wow. So that fact that I pay her thousands of dollars every month means she will never need to work, and therefore I will pay forever. Great.

Hopefully she naturalizes sooner rather than later, that also ends the obligation under the affidavit of support.

 

Still, you are conflating two issues.

1. You are paying her right now because your prenup or because the court ordered alimony, not because of I-864.

2. I-864 obligation is solely for if she takes certain federal benefits (like SNAP, TNAF, etc) where the federal government can come after you to reimburse them. Basically the government doesn't want to be the one on the hook for paying welfare to a bum someone else imported.

Edited July 14, 2023 by Demise

[Cali_D 43]

I thought the i-864 affidavit of support was the reason I have to support her for 10 years. I may have the wrong. Whatever the name of the document is, I pay 2k a month for that. This is from the Federal Gov. Not the state. Again, this is NOT related to my divorce settlement.  

[Demise 1,277]

1 minute ago, Darryl_F said:

I thought the i-864 affidavit of support was the reason I have to support her for 10 years. I may have the wrong. Whatever the name of the document is, I pay 2k a month for that. This is from the Federal Gov. Not the state. Again, this is NOT related to my divorce settlement.  

Let's see this document because this is highly unusual. Obviously redact out any personal info.

Edited July 14, 2023 by Demise