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

[Boiler 45,445]

Quote

The reason I was paying directly to my ex is because she was smart (or tricky?) and added some odd language about the I-864 to the dissolution of marriage and the local court had no idea what an I-864 document was. We think, they assumed it was some sort of spousal support agreement because my divorce agreement does say I will pay for the I-864. The judge in the divorce court, myself and my divorce lawyer didn't realize this meant I pay the government, if they request it and not my sponsor (ex-wife). 

 

This does not come up a lot and obviously the descriptions are different but the general principle seems to be the same.

 

I personally find it fascinating that Lawyers do not seem to be able to google.

[Cali_D 43]

1 hour ago, TBoneTX said:

Darryl, thanks for this.  As you can see, people here are now better informed in order to try to help you.

 

Perhaps, though I have an update that is going to do a 180 on all this, lol... standby. 

[Cali_D 43]

Update:  (this is becoming a soap opera!)

 

Today my divorce lawyer and immigration lawyer had a meeting. In the end they both agree that the divorce lawyer was right all along. Yes, the I-864 does bind me to the federal government, however there is a paragraph in there (I read it today) that clearly says the sponsor must support the immigrant…

 

What Does Signing Form I-864 Require Me To Do?

 

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.

 

I’m told, this is where everyone makes there mistake. Most people don’t realize the immigrant has the choice to take services from the government or from the sponsor (me). My ex choose take the money from me. I could have fought this, but I would have lost. Both lawyers agree that it’s 100% for sure that I would have lost if I tried to fight this. Literally 100% of immigrants that sue the sponsor directly for the support money win the case. 

 

The lawyers went through case law, after case law, to show me this is the correct outcome and there is no getting out of it. Most famously in the case: Kumar v. Kumar. This case is what changed everything in America. 

 

https://casetext.com/case/kumar-v-kumar-in-re-kumar

 

They (the lawyers) are going to meet with one other immigration lawyer which is said to be the best, but it’s not looking good.

 

Not looking for a debate, just telling you what a 25 year immigration lawyer and a 30 year divorce lawyer told me. Seems I have flip-flopped many times on this. Ha Ha. Don't shoot the messenger. 

Edited July 18, 2023 by Darryl_F

[Lemonslice 4,831]

5 minutes ago, Darryl_F said:

Update:  (this is becoming a soap opera!)

 

Today my divorce lawyer and immigration lawyer had a meeting. In the end they both agree that the divorce lawyer was right all along. Yes, the I-864 does bind me to the federal government, however there is a paragraph in there (I read it today) that clearly says the sponsor must support the immigrant…

 

What Does Signing Form I-864 Require Me To Do?

 

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.

 

I’m told, this is where everyone makes there mistake. Most people don’t realize the immigrant has the choice to take services from the government or from the sponsor (me). My ex choose take the money from me. I could have fought this, but I would have lost. Both lawyers agree that it’s 100% for sure that I would have lost if I tried to fight this. Literally 100% of immigrants that sue the sponsor directly for the support money win the case. 

 

The lawyers went through case law, after case law, to show me this is the correct outcome and there is no getting out of it. Most famously in the case: Kumar v. Kumar. This case is what changed everything in America. 

 

https://casetext.com/case/kumar-v-kumar-in-re-kumar

 

They (the lawyers) are going to meet with one other immigration lawyer which is said to be the best, but it’s not looking good.

 

Not looking for a debate, just telling you what a 25 year immigration lawyer and a 30 year divorce lawyer told me. Seems I have flip-flopped many times on this. Ha Ha. Don't shoot the messenger. 

If you gave her a quarter of a million... She's well above the poverty level. 

 

With your income, 2k a month seem inconsequential, I would just let it go.

 

 

To go back to your first post on VJ, she really is a great accountant.

 

 

Edited July 18, 2023 by Lemonslice

[Cali_D 43]

5 minutes ago, Lemonslice said:

If you gave her a quarter of a million... She's well above the poverty level. 

 

With your income, 2k a month seem inconsequential, I would just let it go.

 

I know this is a lot of messages, so maybe you didn't read through all of this (understandable).  I explained before this is absolutely not about the money. In the end, it seems I will have no choice but to let it go. I just want to see her do more in life. She is young, smart and talented with a high level of education. She has a Masters degree in economics. If she has no financial support, she will succeed, I'm sure of it. Anyway, that's my motive. 

Edited July 18, 2023 by Darryl_F

[Lemonslice 4,831]

9 minutes ago, Darryl_F said:

 

I know this is a lot of messages, so maybe you didn't read through all of this (understandable).  I explained before this is absolutely not about the money. In the end, it seems I will have no choice but to let it go. I just want to see her do more in life. She is young, smart and talented with a high level of education. She has a Masters degree in economics. If she has no financial support, she will succeed, I'm sure of it. Anyway, that's my motive. 

She's your ex.  She can move on with her professional career, or not.  She'll decide that on her own.  You can tell her she can do better, she can do whatever. 

 

In other words, do you want to lose energy, on top of money?

 

If it bothers you to pay, pursue legal avenues.  If not, just step out and live your life. She'll find her own new balance. 

 

Edited July 18, 2023 by Lemonslice

[Boiler 45,445]

6 minutes ago, Lemonslice said:

She's your ex.  She can move on with her professional career, or not.  She'll decide that on her own.  You can tell her she can do better, she can do whatever. 

 

Who knows what she is doing? Probable not watching the ladies on The View.

 

The I 864 gives the ability to sue, which would be in Federal Court, and there are of course defences that come in.

 

As far as I can tell this was a Divorce Court settlement.

 

Anyway good to hear there are competent Lawyers involved.

[Lemonslice 4,831]

@Darryl_F back to your original question, when is the 10 year support ending in your agreement/settlement?  Were the lawyers able to decipher that part of the decision?

[Cali_D 43]

30 minutes ago, Boiler said:

 

Who knows what she is doing? Probable not watching the ladies on The View.

 

The I 864 gives the ability to sue, which would be in Federal Court, and there are of course defences that come in.

 

As far as I can tell this was a Divorce Court settlement.

 

Anyway good to hear there are competent Lawyers involved.

 

I do know what she is doing. Not much. 

 

It was a Divorce Court settlement, but we (my lawyer) settled because I would have lost if she decided to sue for money owned to her though the I-864. It was just easier for everyone I guess. ?? Thanks!

[Cali_D 43]

42 minutes ago, Lemonslice said:

She's your ex.  She can move on with her professional career, or not.  She'll decide that on her own.  You can tell her she can do better, she can do whatever. 

 

In other words, do you want to lose energy, on top of money?

 

If it bothers you to pay, pursue legal avenues.  If not, just step out and live your life. She'll find her own new balance. 

 

 

Thanks for the insight, I was really trying to keep this to a legal conversation. My motives go deeper than I have explained here. Anyway, thanks

[Cali_D 43]

12 minutes ago, Lemonslice said:

@Darryl_F back to your original question, when is the 10 year support ending in your agreement/settlement?  Were the lawyers able to decipher that part of the decision?

 

Yes, I started paying this out a little before the divorce was settled as instructed by the lawyer. The time starts at that moment, assuming I have not missed any payments, which I guess I haven't as my finance people do all that. 

[Boiler 45,445]

So what is the plan after the 10 years is up?

[Boiler 45,445]

The I 864 amount is revised every year, I suppose it could not increase but I have never seen it not, does the agreement take that into account?

[Cali_D 43]

8 minutes ago, Boiler said:

So what is the plan after the 10 years is up?

 

I will stop paying. 

[Cali_D 43]

8 minutes ago, Boiler said:

The I 864 amount is revised every year, I suppose it could not increase but I have never seen it not, does the agreement take that into account?

 

There is nothing in my agreement that clarifies this point, that I am aware of. So I am not sure and I did not ask either lawyer this question.