Can I sue ex-spouse for support under I-864?

[chicha 9]

Hello Vjers,

I'm posting on this family forum to see if anyone has insight whether I can proceed to sue my ex-spouse for support.

When my U.S. citizen ex-husband and I divorced in 2014, neither my divorce lawyer nor myself were aware of his financial obligation under I-864. I obtained $4000 alimony but luckily got a job soon afterwards. This year I earned more than 125% of poverty level income already. In May, I purposefully quit the job to complete the Master's degree (I only have few courses left so it will be done in August). Currently I don't have any income, and I will be start job hunting very soon but it's uncertain when I can get a job offer; therefore I am considering suing the ex-husband under the I-864 he signed.

Is my ex-spouse responsible for my living expenses if this year's income already exceeded the minimum requirement? (Most of my savings went to pay tuition/loans, and I'm living off very limited savings now).

Also currently I am waiting to hear a decision on I-751 waiver.

Thank you!

Edited July 24, 2016 by chicha

[aaron2020 11,651]

In America, you can sue anyone.

Whether you will win or not will depend on why you can't work to support yourself. Choosing to do something else instead of work will not be in your favor.

[Richard1948 1]

I agree with Aaron. If you sue, you might win, it will take about two years or however long it takes the feds to put your case on the docket. Is it really worth it to put yourself through this? And even if you won would your ex be able to pay? Can you afford another attorney? If needed on the federal level?

[NigeriaorBust 4,087]

If I were your ex I would simply say that you have shown the ability to earn more than that 125% level of income and you are just filing out of vindicitiveness and ask that you get nothing and that you pay for my costs in respnsing to the case .

[belinda63 3,038]

I hear my ex as me all the time if he can sue someone for this or that. Of course you can, everyone in the US has the right to petition the courts. But you would have to pay the court filing fees, service fees, attorney's fees, etc. up front. If you win you might be able to get those back. And as someone else said it will probably take several years for resolution.

[Caykay1 71]

Choosing to go to school shouldn't be your ex problem. "You chose". I don't know what's wrong with this generation. Most people want to feed off people in a bizzare way. No advise here. Good luck.

[Villanelle 4,122]

Hello Vjers,

I'm posting on this family forum to see if anyone has insight whether I can proceed to sue my ex-spouse for support.

When my U.S. citizen ex-husband and I divorced in 2014, neither my divorce lawyer nor myself were aware of his financial obligation under I-864. I obtained $4000 alimony but luckily got a job soon afterwards. This year I earned more than 125% of poverty level income already. In May, I purposefully quit the job to complete the Master's degree (I only have few courses left so it will be done in August). Currently I don't have any income, and I will be start job hunting very soon but it's uncertain when I can get a job offer; therefore I am considering suing the ex-husband under the I-864 he signed.

Is my ex-spouse responsible for my living expenses if this year's income already exceeded the minimum requirement? (Most of my savings went to pay tuition/loans, and I'm living off very limited savings now).

Also currently I am waiting to hear a decision on I-751 waiver.

Thank you!

Most people on here are going to respond negatively because of personal beliefs. I am going to try to refrain from doing that and answer your questions generally speaking. Whether or not you will be successful in a law suit depends on way too many factors specific to your situation. We do not have all the factors nor is it possible to go through all of them but here are the key points:

This year you earned over the poverty line. To be eligible for support payments you need to be under the poverty line. The support given will bring you up to the poverty line exactly. So therefore you are able to sue however they will find you are not entitled to any money.

Unfortunately for you the poverty guidelines are yearly income. If it was weekly or monthly it would be a different story. But it does not matter if you earned all the money in the first few months and then dont work the rest of the year or if you earn a little each week through out the year. It is your responsibility to ensure you manage your money properly. According to the gov you only need whatever the poverty line states to be able to 'survive'. So if youve earned that amount and used it all- its like you 'overspent'.

Because of your previous history of having earned over the poverty level with ease prior it will most likely be determined that you are able to support yourself. But the courts will look at as age, length of time out of the workforce, health, You are also expected to work toward becoming self-sufficient. If you were to file a suit as stated its a long process. The other posters are somewhat incorrect about the cost. Any legal fees are paid by the defendant. Some lawyers may want fees upfront, others will take the case anticipating being paid by the defendant.

You can see this thread with more detailed info -http://www.visajourney.com/forums/topic/417935-getting-sued-using-i864/

this also may interest you- Perhaps obtain a free consult however I expect you will get the same answers as the ones that have been given.http://www.visajourney.com/forums/topic/587770-warning-now-law-firms-are-soliciting-clients-to-sue-based-on-aos/

[Cheezees 1,514]

The same way you consciously chose not to work, consciously choose to find a job. Fast food and retail are constantly hiring. You've already made more than the 125% in about half a year and still you have the audacity to try to sue someone else to pay your bills?

You are not a case for welfare benefits. Please don't waste your ex's time with frivolous lawsuits because you want to pursue a 2nd tertiary degree with the luxury of time off. If you have the funds to hire a lawyer for this nonsense, then you don't need your ex's financial support. Seriously, you have some nerve!

[chicha 9]

Ok, so I laid out the facts such as the "meeting 125% already" and doing school as a conscious choice (versus sickness, being laid off etc) to get opinion whether in my situation an obligation is present and whether it is worth fighting for. I appreciate the useful input some members have offered.

[chicha 9]

The same way you consciously chose not to work, consciously choose to find a job. Fast food and retail are constantly hiring. You've already made more than the 125% in about half a year and still you have the audacity to try to sue someone else to pay your bills?

You are not a case for welfare benefits. Please don't waste your ex's time with frivolous lawsuits because you want to pursue a 2nd tertiary degree with the luxury of time off. If you have the funds to hire a lawyer for this nonsense, then you don't need your ex's financial support. Seriously, you have some nerve!

I wish you didn't jump to the conclusion. Yes in theory I would be completely self-sufficient now holding the same job. I left the degree uncompleted 6 years ago because of the ex, and now after waiting 13 months for the I-751 waiver the only safe thing for me to do is to complete the degree in shortest time possible so if the waiver is denied I would still get the degree. I *suppose* after having a conditional green card, it will be hard to be on F-1 again.

[RandyW 149]

The I-864 is a contract between the sponsor and the Federal government to demonstrate that they have the capacity to support ONE household to include the immigrant at or above 125% of the poverty line. It DOES NOT make any kind of a cash award. It is, however, a piece of paper that your divorce lawyer can wave in front of the judge in an attempt to increase any divorce settlement.

Some have done so successfully.

For anyone who has signed an I-864 as a sponsor, and has the immigrant waving it around in a court of law, MAKE SURE you have a lawyer who UNDERSTANDS the Affidavit, and WILL NOT simply roll over and play dead, as some have done.

[aaron2020 11,651]

The I-864 is a contract between the sponsor and the Federal government to demonstrate that they have the capacity to support ONE household to include the immigrant at or above 125% of the poverty line. It DOES NOT make any kind of a cash award. It is, however, a piece of paper that your divorce lawyer can wave in front of the judge in an attempt to increase any divorce settlement.

Some have done so successfully.

For anyone who has signed an I-864 as a sponsor, and has the immigrant waving it around in a court of law, MAKE SURE you have a lawyer who UNDERSTANDS the Affidavit, and WILL NOT simply roll over and play dead, as some have done.

If the I-864 is not a piece of paper to wave in front of a judge, but some have done so successfully? How did those who have done it successfully achieve that without waiving the I-864 around?

Please read page 7 of the I-864.

There is a concept in the law call third party reliance.

[RandyW 149]

If the I-864 is not a piece of paper to wave in front of a judge, but some have done so successfully? How did those who have done it successfully achieve that without waiving the I-864 around?

Please read page 7 of the I-864.

There is a concept in the law call third party reliance.

READ CAREFULLY - It IS a piece of paper that some HAVE waved around successfully in order to get an increased divorce settlement. It was the JUDGE who made the award - and the sponsor's lawyer who caved in - NOT the I-864.

Page 7 states that the I-864 is a contract between the Federal government and the sponsor concerning the support of ONE household. A divorce creates a SECOND household.

My advice is simple - GET A LAWYER!!

[aaron2020 11,651]

READ CAREFULLY - It IS a piece of paper that some HAVE waved around successfully in order to get an increased divorce settlement. It was the JUDGE who made the award - and the sponsor's lawyer who caved in - NOT the I-864. If it is a piece of paper that some have waived around successfully, then why can't the OP waive it around? What prevents that? The piece of paper is called evidence.

Glad to know that an I-864 can't make an award, but the judge and the sponsor's lawyer caving in does. The I-864 was not evidence. Got it. I-864 had nothing to do with it. Wow.

Page 7 states that the I-864 is a contract between the Federal government and the sponsor concerning the support of ONE household. A divorce creates a SECOND household. By your logic, divorce ends the I-864 obligations then because it creates 2 households?

My advice is simple - GET A LAWYER!! Meanwhile, you will give out bad legal advice.

You may want to research the legal concept of third party reliance on a contract.

https://www.uscis.gov/sites/default/files/files/form/i-864.pdf

What Does Signing Form I-864 Require Me to do?

If an intending immigrant becomes a lawful permanent resident in the United States based on a Form I-864 that you have signed, then, until your obligations under Form I-864 terminate, you must:

A. 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); and

B. Notify U.S. Citizenship and Immigration Services (USCIS) of any change in your address, within 30 days of the change, by filing Form I-865.

[RandyW 149]

You seem to be arguing with yourself - I'm out of here!