Financial obligation under I-864

[Haverel Mink 2]

My British ex-wife and I were divorced two years ago. I realize that I'm obligated to top up her annual income to 125% of the US poverty level, now she's pursuing that.

 

She could so easily work to achieve that level of income, but chooses not to. She not only received a six-figure sum at the divorce, but a $300,000 house.

 

Should I just pay her, or is it worth taking it to court to have a judge decide? Given her resources, I feel that she is no threat to the US as a financial burden.

 

Thanks in anticipation!

Edited 9 hours ago by Haverel Mink

[Boiler 46,438]

Sounds like you are now divorced, is she trying to reopen the settlement?

[Marieke H 2,529]

10 minutes ago, Haverel Mink said:

I realize that I'm obligated to top up her annual income to 125% of the US poverty level

This is not how the I-864 works.

 

Please read the instructions to understand what you signed:

Quote

 

This affidavit is a contract between a sponsor and the U.S. Government. Completing and signing Form I-864 makes you the sponsor. You must show on this affidavit that you have enough income and/or assets to maintain the intending immigrants and the rest of your household at 125 percent of the Federal Poverty Guidelines (or 100 percent if you are on active duty in the U.S. Armed Forces or U.S. Coast Guard and sponsoring your spouse or child). By signing Form I-864, you are agreeing to use your resources to support the intending immigrants named in this affidavit, if it becomes necessary.

The submission of this affidavit may make the sponsored immigrant ineligible for certain Federal, state, or local means-tested public benefits, because an agency that provides means-tested public benefits will consider your resources and assets as available to the sponsored immigrant when determining his or her eligibility for the program. If the immigrant sponsored in this affidavit does receive one of the designated Federal, state or local means-tested public benefits, the agency providing the benefit may request that you repay the cost of those benefits. That agency can sue you if the cost of the benefits provided is not repaid.

Not all benefits are considered as means-tested public benefits. See Form I-864P, Poverty Guidelines, for more information on which benefits are covered by this definition, or the contract in Part 8. Sponsor’s Contract, Contact Information, Certification, and Signature of Form I-864 for a list of benefits explicitly not considered means-tested public benefits.

 

You are not obligated to keep her at a certain income level. You are, however, obligated to support her if it becomes necessary. If you think she may end up having to rely on public benefits, then you will want to support her financially to prevent that from happening. But keep in mind, the I-864 is a contract between you and the Government, not between you and her.

 

It won't hurt to discuss your situation with an attorney and see what they recommend, but I definitely would not just pay her what she is asking for.

[Haverel Mink 2]

Thank you, Marieke. I realize that I completed misunderstood the system.

 

I will contact an immigration lawyer for further guidance.

 

Thanks again!

Edited 9 hours ago by Haverel Mink

[Ontarkie 14,666]

~~Moved to Effects of Major Family Changes, from IR1/CR1 P&P- as similar topics are discussed here.~~

[Boiler 46,438]

The I 864 has been enforced in Divorce proceedings

 

this is a Divorce Lawyer issue not Immigration 

[J.M. 276]

3 hours ago, Haverel Mink said:

now she's pursuing that

In what manner is she pursing that?  You asked later in the post if you should go to court over it or just pay her.  She would need to legally pursue this through a court.  There is nothing automatic about I-864 enforcement.  Presumably it was brought up during divorce proceedings, but possibly not.  Using the I-864 for spousal support after divorce is a legitimate thing, but enforcement (or not), length of enforcement, and dollar amount of support (if any) will vary greatly depending on marriage length, ability of spouse for self-support, difference in pre- and post-marriage income, and (probably most import) WHERE the case is tried.  This is definitely a divorce lawyer situation, but you also need somebody that has plenty of experience with the I-864 also.