N400 - proof or marriage and RFE

[Lexy 2]

Creditors are after blood, and you cannot get blood out of turnip, anyone in the family with blood will have it taken from personal experience. A couple of bad experiences, when I was ten, dad decided to take off, mom couldn't keep up with the home payments, at the ripe old age of twelve, sheriff and took all of my stuff and tossed it on the street along with my brother and sisters during the foreclosure. Any family members suffers in a case like this. But it thought me at an early age not to go into debt.

Was legally separated from my ex, stated in the court order was no longer liable for her debts, but she ran up another $16,000 in debt before the final divorce. Courts still held me liable for that debt, was an exclusion for that legal separation until the final divorce occurred. Not even the best Wisconsin attorney could fight that. While she had a substantial settlement, managed to blow it. Had to pay that or get a lean put against my home, no choice, but wasn't happy either.

Present wife had the same situation with her ex running up huge credit card bills, but for some strange reason in Venezuela, they left her alone, they have Visa and Mastercards just like we do. She did buy an apartment for an escape from him and paid it off, but like here, half of that apartment was hers. Unfortunately she rented it out to a tenant that never paid rent, took us six years to get rid of her, not easy dealing with Chavez. We have it on the market now, but every loophole to remove that money from Venezuela was closed. But somehow the creditors got knowledge of this, and her ex is getting half of the assets. His debts occurred 13 years ago and we had to find him in Colombia, but they found him too. Just heard they are going after him, that made me happy.

But did conclude from hers and my experience in terms of debt collection, you are far better off to be a woman than a man. Also made the statement, if I the state statues were read during my first marriage regarding divorce, would have never married her, must have been smoking crack at that time.

In my experiences with the marriage application with the USCIS, they are totally ignorant of the mutual responsibilities of the two spouses when they say, "I do". Its not easy to deal with a bunch of idiots, but you are forced to if you want to stay together. And you have to be very nice, that is the worse part, at least for me.

I understand. So where would the I-864 come into play in all this? Surely a spouse cannot be responsible for the past debts of a sponsor... it would be unethical..

[Lexy 2]

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Edited October 9, 2011 by Lexy

[VanessaTony 3,567]

We never did a will, really don't have to, wife or I will get everything in case of one of us kicks the bucket, but did have insurance policies showing each other as the beneficiary.

This is a common misconception. It depends entirely on what you had prior to the marriage, what you gained during the marriage, who's name is on what documents, surviving family (extended counts) and state laws.

The laws of CA: http://www.ca-trusts.com/intestate.html state thus: In the OP's position where the house was purchased prior to marriage, her name is not on the deed, it's separate property and can be sold and distributed to surviving family members, NOT just her. If in my case where Tony bought the house AFTER marriage I would get it, it's community property.

It is VERY foolish to not have a Will. It's like health and life insurance... it protects both yourself and your loved ones. I also believe everyone should have powers of attorney (medical, financial) and guardianship documents so that if they are unable to make decisions, that the state doesn't pick who gets to make decisions for them (not always the spouse btw). I spoke with someone recently whos unmarried uncle died intestate (without a Will) 2 years later they're STILL messing around with it all. Legal fees, court dates.. the whole 9 yards.. ugh. All could have been spared with an hour meeting with a lawyer to outline your wishes to get the docs drafted and a return 1/2 hour meeting to sign the docs.

[VanessaTony 3,567]

I have a question about Kelzm's statement:

""My husband bought the house before I moved here, there was no point in adding me to the mortgage, as soon as I married him I inherited half of the debt anyway.""

Is this true that she really inherited his debts? Doesn't the sponsor, based on the I-864, take on liability for the financial needs of the immigrant including debts, even more so if their name is not on a mortgage? Or does the immigrant take on half of the debts (any debts - medicals, credit cards etc) of the sponsor once they have a job or acquired 40 qualifying quarters?

I am of the belief that if your name is not on a mortgage (or credit card, unpaid medicals) then you do not have to pay for it, even if your husband defaults, unless there are certain terms and conditions which would make you a guarantor on the agreement.

Of course, I stand to be corrected in this, any input is much appreciated. Thanks.

No she didn't inherit his debts. That's not how it works. BUT she COULD inherit that debt if he passed (of the house) because the bank wouldn't let her keep it, she would have to refinance into her name or sell. Credit cards.. even if the CC is in one persons name, if the debt is accrued DURING the marriage then it can be seen as joint debt. Same with medical bills etc.

The sponsor doesn't take on ANY of the immigrants debt. The sponsor is ONLY there to pay back the government if the immigrant uses means tested benefits. For example, lets say my husbands family co-sponsored (which they did NOT thank god).. my husband and I bought a house, though I'm not on the deed it was acquired during marriage and therefore technically half my debt. In the event we default, it is NOT my in-laws responsibility to cover that debt. It's my debt. If the sponsor took on the debt that YOU accumulate, it would only be fair that any money YOU earn is to be given to the sponsor.. why should they only get the bad? They should also get the good.

Remember, any debt or income DURING the marriage is joint. Typically.

Edited October 9, 2011 by Vanessa&Tony