I864

[Brian1967## 119]

Has anybody here acctually been hauled into federal court over the I864? I live in Kansas and I am wondering my soon to be ex is threating to do this in medeation session. I have done so much for her and her family it just seems shocking that you do so much for people and they want to take even more. But my understanding is that first she has to get file ROC get approved the 10 GC. Then she can sue and even then it will take a very long time to even see the court room and be very expensive and by that time she will be making above the federal poverty guidelines (we are not diovorced and she is already living with another man) I think this is blackmail and will not give in, any thoughts?

[Penguin_ie 5,993]

I don;t know of anyone here this has happened to. I believe there are some cases where it was brought up in divorce proceedings as reason for allimony but struck down (as the contract is clearly between the sponsor and the government for means tested benefit, not for general support).

[VanessaTony 3,567]

It is extremely rare. i would think she's just blowing hot air to blackmail you. Ignore it unless you get a summons (which is highly unlikely).

As Penguin says, though there is wording that suggests you need to support her, the contract is between you and the government, she is not a party to it. The only way for her to get support is to try it through divorce court, or try and sue you for support.

[Brian1967## 119]

But how much money would be wasted by us fighting in federal court for years.....I am just wondering is the fight worth it.... I think not but I do not want to be around this for years. Thanks so you know of none on this forum that their spouse sued in federal court.

[Villanelle 4,122]

She would not have to wait until she has a 10 year GC to be able to sue you. The 864 contract is already in effect. Its been in effect since you signed it. She would be able to sue you for support under it whenever she likes. Since you are already separated she could technically say you are no longer providing her with support above the poverty guidelines as of right now. Because the divorce is not final and alimony has not yet been determined, its not quite clear if shes going to be under the poverty guidelines yet and by how much.

Does your ex work? How much does she earn? Is she seeking alimony?

For 1 person its roughly 14k. So if shes earning 8k in her job and shes seeking 3k in alimony (or awarded), shed only be short 2k from the poverty guidelines. If she doesnt get alimony, shed be 6k away from the poverty guidelines, if she doesnt work at all, shed want 14k from you.

Here are a couple of links that might help you. They have some cases that were successful- where the immigrant did successively sue and win. They all have things in common though. The immigrant did have to show they made “reasonable efforts” to obtain employment and be self-sufficient. (So your wife can not just- 'not have a job', she has to show efforts to support herself) Theres a lot of references to cases in the links. Youd have to google the specific cases for more info

http://www.floridabar.org/DIVCOM/JN/JNJournal01.nsf/c0d731e03de9828d852574580042ae7a/2cbe6a52e76636f28525763b00661a63!OpenDocument&Highlight=0,*

http://www.visajourney.com/forums/topic/368751-divorce-and-the-i-864/

http://www.kkwtlaw.com/CM/Articles/The%20Federal%20Lawyer%20Magazine%20-%20Enforcement%20of%20I-864%20Obligations%20-%20Nov.%20&%20Dec.%20Ed.%202010.pdf

[Villanelle 4,122]

It costs a lot of money to sue in court. No one on this forum to my knowledge has ever been a part of a federal case or been involved in a lawsuit involving the 864.

I truly do believe shes trying to bully you into a better settlement, but there have been cases where people have sued and it has worked- so I can not say- shes has no grounds whatsoever.

Its just very difficult and costly. The odds are its a bluff for a better settlement.

Thats why I suggest looking at the picture as a whole. How much does she make, how much will she be short, how much will this cost her, how bitter/vindictive is she, would she waste a ton of money going after you in federal court and waste years of her life fighting you in court just to stick it to you? Shes going to lose too. Shes not going to come out ahead. The numbers arent going to add up in her favor. Its going to go to the lawyer. By the time you add up what she makes, the money shes short (which is what you owe her) and then what shes going to spend on the lawyer- shes going to end up with little to no profit. So it would all be for spite. Is that who she is right now? Is that who she is going to be when the divorce is over and its time to file this lawsuit?

[Karee 4,190]

http://www.visajourn...-and-the-i-864/

I was getting ready to say you're completely wrong until I read that link. Very interesting to say the least.

[Brian1967## 119]

You know it seems folks the immigrant has more rights than a us citizen. what a crock I feel then same way and want to ask her...why be this vindictive we both have lives to live..go live yours, and I want to live mine. I see no point in being in and out of court for there years ...it is like do find the person you really want to love, you admit you only married me because you were Conley...not for love...I just want to be free