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

[Cali_D 43]

Totally possible, I run a software company and know nothing about that law.

[Mike E 11,739]

13 minutes ago, Darryl_F said:

2k is the amount the government said I must pay,

Cite

[Cali_D 43]

Mike, it seems like you want to debate me. I'm sorry if this is becoming conformational for you. I was trying to be friendly and ask a simple question. I'm not going to dig up papers, and I readily admit that I may be wrong. 

[Ontarkie 14,217]

1 minute ago, Darryl_F said:

Mike, it seems like you want to debate me. I'm sorry if this is becoming conformational for you. I was trying to be friendly and ask a simple question. I'm not going to dig up papers, and I readily admit that I may be wrong. 

You really need to dig up those papers. If you were not ordered to pay this 2k in divorce court then it needs to stop. You need to see what was actually ordered to be paid.

 

The last thing you need is for her to come back and take you to court because she is spending it all and then wants more. Then the courts see you have been doing something that was not ordered and bang why not squeeze you for more. I know it's not usually how things work but man 2k on top of 250k is just nuts. Get your paperwork and start reading it over and over. 

[Adventine 3,196]

Just... wow.

 

Good for you Darryl that you don't seem to be hurting for money at all, and you can afford to give your ex- spouse the 250k settlement + 2k/month without creating financial problems for yourself.

 

But seems like you got some really bad immigration advice and you didn't need to give her 2k/month in the first place. So why keep spending that money if you don't need to? 

Edited July 14, 2023 by Adventine

[Mike E 11,739]

Just now, Darryl_F said:

Mike, it seems like you want to debate me. I'm sorry if this is becoming conformational for you. I was trying to be friendly and ask a simple question. I'm not going to dig up papers, and I readily admit that I may be wrong. 

I want you to cite the rule that says you have to ensure your beneficiary has $2000 in income per month. Saying “the federal government” told me should be easy to document.

 

I-864 says:

 

“

Provide the intending immigrant any support necessary to maintain him or her at an income that is at least 125 percent of the Federal Poverty Guidelines for his or her household size (100 percent if you are the petitioning sponsor and are on active duty in the

U.S. Armed Forces or U.S. Coast Guard, and the person is your husband, wife, or unmarried child under 21 years of age); “

 

125 percent of a household size of 1 person is:

 

$14,580 * 1.25 = $18,225 or

$1519 per month. See https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines

 

If she is collecting interest or investment income from her investment assets (such as the 250K you gave her), subtract that from the $1519 per month.

 

You can reject what I am telling you and pay her whatever you want.
 

However another person in your position reading this should understand that in 2023, the I-864 obligation is not 2K. It is at most $1519. 
 

 

 

 

[Cali_D 43]

I am not rejecting, I am just not interested in debate. Also, maybe in my state is higher.. that's what I was told. 

[Mike E 11,739]

I am out

[Cali_D 43]

Thank you everyone for your help. I appreciate the info. Looks like I may need to figure out some things with a lawyer. 

[Boiler 45,445]

I 864 is a Federal issue

 

Divorce is a State issue

 

I 864 has no 10 year limitation

 

I do not live in California and I know things can be pretty crazy there and I can only assume that as part of the Divorce settlement you agreed to pay her a capital sum and an amount per month.

 

It seems you can afford to pay her so maybe no big issue but it seems from what you said you have paid no attention to what you signed, the I 864, and not a lot of attention as to what you agreed to in your divorce settlement.

 

As mentioned before I have certainly seen the I 864 used by the immigrant spouse but not with such a cash settlement and normally the excuse for not being able to Mitigate, an important term,  because of inability to work which does not seem the case here.

 

So to answer your question this is nothing to do with the I 864, nothing to do with the Federal Government, something you agreed to as part of a divorce settlement, whether it makes financial sense, I suppose it could.

[Boiler 45,445]

11 minutes ago, Darryl_F said:

I am not rejecting, I am just not interested in debate. Also, maybe in my state is higher.. that's what I was told. 

Nope

 

Read the link above and the form

 

https://www.uscis.gov/i-864

[Jimmyzr1 36]

42 minutes ago, Adventine said:

Just... wow.

 

Good for you Darryl that you don't seem to be hurting for money at all, and you can afford to give your ex- spouse the 250k settlement + 2k/month without creating financial problems for yourself.

 

But seems like you got some really bad immigration advice and you didn't need to give her 2k/month in the first place. So why keep spending that money if you don't need to? 

If he bought and sold the house while married to his ex, he could've been held responsible to give his ex 1/2 of the profit from the sale of the house, or as he said more than $1 mil. profit.

[Cali_D 43]

21 minutes ago, Boiler said:

I 864 is a Federal issue

 

Divorce is a State issue

 

I 864 has no 10 year limitation

 

I do not live in California and I know things can be pretty crazy there and I can only assume that as part of the Divorce settlement you agreed to pay her a capital sum and an amount per month.

 

It seems you can afford to pay her so maybe no big issue but it seems from what you said you have paid no attention to what you signed, the I 864, and not a lot of attention as to what you agreed to in your divorce settlement.

 

As mentioned before I have certainly seen the I 864 used by the immigrant spouse but not with such a cash settlement and normally the excuse for not being able to Mitigate, an important term,  because of inability to work which does not seem the case here.

 

So to answer your question this is nothing to do with the I 864, nothing to do with the Federal Government, something you agreed to as part of a divorce settlement, whether it makes financial sense, I suppose it could.

 

Well you are correct, for sure, about 1 thing. I didn't pay attention to what I singed, lol. It's ok. 

 

You are probably correct about the rest too, no idea. 🤣

[Cali_D 43]

Unrelated question, where is the setting to turn off my signature. Can't find that in the profile settings. 

 

P.S. I finally found the quote button. My ad-blocker was hiding it. 

[Redro 4,611]

47 minutes ago, Darryl_F said:

 

Well you are correct, for sure, about 1 thing. I didn't pay attention to what I singed, lol. It's ok. 

 

You are probably correct about the rest too, no idea. 🤣

So, you should probably find the paperwork you signed.

That will probably answer your question…. If you agreed to 10 years support in the divorce settlement it will probably end 10 years after the first payment. Or maybe 10 years after the $250k. Maybe your lawyer has a stipulation that it will end if she remarries… who knows? Probably your ex, and the lawyers you used… it might also be based on California law… 

I know California is more expensive than other states but the I864 doesn’t acknowledge that difference: 

https://www.uscis.gov/i-864p

Only Alaska and Hawaii require a higher level of support.