CFO and the AOS

[Jeff @ Missy 9]

A friend of mine who went the K1 route and is now married in the states to a Filipina. She has recently started demanding things that he does not want to do, including the sale of his home to buy property in the Philippines. She has threatened him with the AOS stating she may get divorced and he has to pay for 10 years the 125% of poverty level which I calculate to be $1215 per month, which can actually be for life as she needs to work 40 quarters first. My friend feels cornered on this one and I have been giving advice. A few questions here...

On a K1 the sponsor files an AOS other than the 864 correct? Then after marriage the papers for granting a GC include the 864 correct? What did the CFO tell the attendees about the AOS? I was there on the 3rd floor and saw a slide in the meeting room where it was mentioning this but of course I was outside the room. Do they tell the attendees they can get support for the rest of their lives or for 10 years? Seems like they could be setting up the sponsor if they give out this information, almost to the point where it could be used in court in the USA. The 864 is a very serious document to sign and there is no easy way out other than...citizenship or....

My friend's wife has met other Filipina's through parties here which I advised against, I am sure this will ruffle a few feathers with VJ'ers but one of these friends is talking her into divorcing and I am thinking that they plan on getting a place together and living on the support money, free from work. Her friend was widowed and left with with little or nothing but knows the game here.

So returning to the Philippines and filing the I865 change of address would be a start I think. I also see there is an I407 that relinquishes the permanent residency but if you do not return to the USA for over a year do pretty much the same?

I am sure there are LOTS of similar situations out there but VJ is for getting your visa not ending it.

[Boiler 43,430]

Good luck with that.

As a start I would read the I 864, it does not say what you seem to think it does.

[Hank_ 9,173]

Have they completed AOS and she has her 2 year conditional green card?

[Jeff @ Missy 9]

Hank, He cannot remember if he did the 864 but she also has not gotten the 10 yr GC yet, another 8 months or so. What I assumed when I read that the 864 had to be submitted when she applied after marriage, is this correct? He does not remember much actually and most likely did not read last 4 pages

Boiler, what I get out of the 864 is the gov can sue you for any benefits that the immigrant may have taken but the immigrant can sue you for 125% of the pov level until citizenship or 40 quarters of SS eligible employment. If the immigrant decides to kick back and watch tv it is a lifetime obligation. How do you interpret this?

[Boiler 43,430]

There agreement is between the sponsor and the Government.

[Jeff @ Missy 9]

There agreement is between the sponsor and the Government.

Can you elaborate on this?

I got this online...

When the government sues the sponsor, it collects enough money to reimburse any public agencies that have given public benefits to the immigrant. When the immigrant sues, he or she collects cash support up to 125% of the amount listed in the U.S. government’s Poverty Guidelines

[xchaos777 0]

Keep in mind, it is UP TO 125% POV. It would take quite a while to win that in court and could end up being a very small amount. As for government support, how much can she really get here? Food stamps? It isn't going to be that much unless there was some catastrophic medical issue that occurred. I don't know if any lawyers would be willing to take that up without being on retainer either.

She would not have much to live on for a very long time in that process. If it was me, I would be preparing to file for divorce and build the case before I did it.

If it just wasn't working out, and she wasn't a person to be threatening this type of BS...I would be inclined to help her get established with a job if she was wanting to stay in the US. I would consider it to be my obligation in the relationship...but that all goes out the window when someone has the mindset to fleece me or the government.

[Caryh 5,206]

Can you elaborate on this?

I got this online...

When the government sues the sponsor, it collects enough money to reimburse any public agencies that have given public benefits to the immigrant. When the immigrant sues, he or she collects cash support up to 125% of the amount listed in the U.S. government’s Poverty Guidelines

There have been cases where the beneficiary has managed to sue based on the I-864 and get support at 125% of the poverty level.

This assumes the beneficiary doesn't work, as any income they make offsets the amount required. Winning these cases in not a given, it can work in some jurisdictions and fail in others.

[Jeff @ Missy 9]

Keep in mind, it is UP TO 125% POV. It would take quite a while to win that in court and could end up being a very small amount. As for government support, how much can she really get here? Food stamps? It isn't going to be that much unless there was some catastrophic medical issue that occurred. I don't know if any lawyers would be willing to take that up without being on retainer either.

She would not have much to live on for a very long time in that process. If it was me, I would be preparing to file for divorce and build the case before I did it.

If it just wasn't working out, and she wasn't a person to be threatening this type of BS...I would be inclined to help her get established with a job if she was wanting to stay in the US. I would consider it to be my obligation in the relationship...but that all goes out the window when someone has the mindset to fleece me or the government.

She has a job but up to recently was PT only. Maybe I am scaring the guy with this but she did threaten him and if she pushed it she could quit her job and move in with a bunch of other Filipinas who are doing the same and play Tongits all day, laughing at their good fortune.

[Hank_ 9,173]

Hank, He cannot remember if he did the 864 but she also has not gotten the 10 yr GC yet, another 8 months or so. What I assumed when I read that the 864 had to be submitted when she applied after marriage, is this correct? He does not remember much actually and most likely did not read last 4 pages

Boiler, what I get out of the 864 is the gov can sue you for any benefits that the immigrant may have taken but the immigrant can sue you for 125% of the pov level until citizenship or 40 quarters of SS eligible employment. If the immigrant decides to kick back and watch tv it is a lifetime obligation. How do you interpret this?

OK, so she has her conditional 2 year green card? He submitted an I-864 with that. That conditional green card will expire in 8 months and she will then have to complete ROC or..... not be a legal resident anymore.

Now he needs to watch out for her calling the cops and claiming spousal abuse. (just a side thought being she is more like a pit viper than wife)

http://www.***removed***/affidavit-of-support/sponsor-responsibilities-obligations.html

[sweet cakes 326]

One thing I can assure you, the I-864 (for AOS) is not discussed in detail of that nature at CFO for a beneficiary to learn she can live off 10 years of her life based from this.

[xchaos777 0]

I really think she is, and this other group of Filipinas, are counting their fortune way before they cashed their checks. Gather evidence, build the case, file for divorce, and kick her to the curb.

This has to all be done with a SMILE on his face. He has to be gracious until he has what he needs and is not placed into a situation such as Hank has mentioned. That would completely destroy his case in all ways.

Revenge is best served cold...he needs to be showing his attempting to HELP her get established and out of the relationship. She is going to try to sabotage it to her advantage at any cost to him.

She has shown her colors and now he has to be much smarter than her about it.

[Jeff @ Missy 9]

OK, so she has her conditional 2 year green card? He submitted an I-864 with that. That conditional green card will expire in 8 months and she will then have to complete ROC or..... not be a legal resident anymore.

Now he needs to watch out for her calling the cops and claiming spousal abuse. (just a side thought being she is more like a pit viper than wife)

http://www.***removed***/affidavit-of-support/sponsor-responsibilities-obligations.html

So you say "she" has to do the ROC, does he need to sign anything? That would make him feel relieved for the time being. Yes the spousal abuse thing I have heard about, too many times actually and the sponsor getting shut out of their home and other really bad things.

One thing I can assure you, the I-864 (for AOS) is not discussed in detail of that nature at CFO for a beneficiary to learn she can live off 10 years of her life based from this.

Hmm, OK thanks for that. Maybe getting the info from her friend. My wife BTW seemed to know about this also...yikes!

[rhein 451]

My friend's wife has met other Filipina's through parties here which I advised against, I am sure this will ruffle a few feathers with VJ'ers but one of these friends is talking her into divorcing and I am thinking that they plan on getting a place together and living on the support money, free from work.

In this specific case, who knows what other tensions and circumstances between this couple are driving her to behave this way, we only have one side of the story. For the sake of argument, let's suppose your friend married a scammer. Her having Filipino friends doesn't change her basic character. She had it in her already to do what she is doing, or she wouldn't be doing it.

You said 'you advised against' her meeting other Filipinas. What was the option, locking her up in the house and forbidding her to make friends? Because there is no legal or ethical way of stopping another human being from making whatever friends they want. The fact that she moved here from abroad doesn't change that.

Too often I hear about guys (occasionally women too) getting taken in by scammers from abroad. It is my feeling that people who get taken in are poor judges of character, and/or blinded by loneliness and/or lust. I still believe this is the exception, not the rule.

In my own life, I can say that my wife has many Filipino friends as well as some American friends. I have always encouraged her in this. Further, it is my wife who is making the bulk of the money in our household, while I look after our son, per mutual agreement. We are actually planning on moving back to the Philippines this autumn.

As a general observation, trying to control a spouse/gf/bf will only drive them away and push them into doing precisely whatever it is you don't want them to do.

[Greenbaum 12,258]

"The Form I-864 Affidavit of Support is a legally enforceable contract, meaning that either the government or the sponsored immigrant can take the sponsor to court if the sponsor fails to provide adequate support to the immigrant. In fact, the law places more obligations on the sponsor than on the immigrant -- the immigrant could decide to quit a job and sue the sponsor for support.

When the government sues the sponsor, it collects enough money to reimburse any public agencies that have given public benefits to the immigrant. When the immigrant sues, he or she collects cash support up to 125% of the amount listed in the U.S. government’s Poverty Guidelines (as shown in the chart in Form I-864P).

The sponsor’s responsibility lasts until the immigrant becomes a U.S. citizen, has earned 40 work quarters credited toward Social Security (a work quarter is about three months, so this means about ten years of work), dies, or permanently leaves the United States. If the immigrant has already been living in the U.S. and earned work credits before applying for the green card, those count toward the 40."

VIEW MORE HERE: http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter3-5.html

"It looks to me like the sponsor is stuck but only if the government comes looking for him. I do advise that he follow the directive as stated here: "Sponsors who try to run away from their obligations will face fines. The U.S. government has anticipated that some sponsors might try to escape their financial obligation by simply moving and leaving no forwarding address. That’s why the law says that the sponsor must report a new address to USCIS on Form I-865 within 30 days of moving. A sponsor who does not comply faces fines of between $250 and $2,000; or $5,000 if the sponsor knows the immigrant has collected need-based public benefits".

http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter3-5.html

You are only obligated to pay "means tested benefits" like food stamps, Medicaid, Supplemental Security Income (SSI), Temporary Assistance for Needy Families and the State Child Health Insurance Program (SCHIP). There can be others that are State specific also.