clarification RE: I-864

[shakira08 0]

Hi everyone! Im a filipina, married to a US Citizen for 4yrs now. I am living in Texas carrying a 10yr.greencard. Right now, working part-time in a company in a low-wage salary. I have 2-children from my past relationship, but no child with my present marriage.

I am presently suffering harassment of my present husband, and lately i found out he filed for a divorce. He wanted me to leave the house which i don't wanted to do because i have nowhere to go, i have no friends here, plus i have no sufficient money for any apartment and living expenses,and most esp. i have 2-kids with me.

I told him sincerely to accept the divorce, but i cannot afford to pay the attorney fees. And I told him too, that he signed an affidavit of support that he is the petitioner, but he said it can be irrevocable. I am so confused, stress-out, and afraid what to do. He offered then to pay for an apartment for us which is good for few mos., but he then said that after i'll be the one to pay that. I dont want to sign any aggreement on that because i sincerely cannot afford, and he knows that. I am very confuse right now..so confuse....Our house, mortgage is under both our names, but he is the one paying that. My car is under both our names too, but i am the one paying that, we have little saving account, both under our names too. I need some good advise and help me to understand what our my rights because were not Citizen here yet and he is our main petitioner. I am so weak what else and best to do. My grounds for him is mental cruelty and harassment, because he do always verbal abuse me....please advise me what are my legal right being a 10.year greencard.....and If i get an attorney, can I demand him to pay for it? (but he said he cant afford to pay for me..)..his earning 7+/mo......I am sorry for this long post...just so confused right now, plus me and my children are scared what to do. Hope to hear a reply from you. God bless.

shakira

Edited July 23, 2008 by shakira08

[rin and john 71]

Hi everyone! Im a filipina, married to a US Citizen for 4yrs now. I am living in Texas carrying a 10yr.greencard. Right now, working part-time in a company in a low-wage salary. I have 2-children from my past relationship, but no child with my present marriage.

I am presently suffering harassment of my present husband, and lately i found out he filed for a divorce. He wanted me to leave the house which i don't wanted to do because i have nowhere to go, i have no friends here, plus i have no sufficient money for any apartment and living expenses,and most esp. i have 2-kids with me.

I told him sincerely to accept the divorce, but i cannot afford to pay the attorney fees. And I told him too, that he signed an affidavit of support that he is the petitioner, but he said it can be irrevocable. I am so confused, stress-out, and afraid what to do. He offered then to pay for an apartment for us which is good for few mos., but he then said that after i'll be the one to pay that. I dont want to sign any aggreement on that because i sincerely cannot afford, and he knows that. I am very confuse right now..so confuse....Our house, mortgage is under both our names, but he is the one paying that. My car is under both our names too, but i am the one paying that, we have little saving account, both under our names too. I need some good advise and help me to understand what our my rights because were not Citizen here yet and he is our main petitioner. I am so weak what else and best to do. My grounds for him is mental cruelty and harassment, because he do always verbal abuse me....please advise me what are my legal right being a 10.year greencard.....and If i get an attorney, can I demand him to pay for it? (but he said he cant afford to pay for me..)..his earning 7+/mo......I am sorry for this long post...just so confused right now, plus me and my children are scared what to do. Hope to hear a reply from you. God bless.

shakira

Since you will probably have a hard time understanding your legal rights, I highly recommend consulting with an attorney. All of your assets and savings are still considered marital property (they belong to both of you and he cannot deny you access to any of it including bank accounts, apartment, car, etc). If he has filed for divorce, you have a right to an attorney paid for out of marital assets. In most states, it is common for one spouse to file a divorce complaint (in this case your husband if he has filed), and the other spouse (you) to file a counter-complaint for divorce. An attorney is your best bet in this situation.

John

[pushbrk 12,114]

Hi everyone! Im a filipina, married to a US Citizen for 4yrs now. I am living in Texas carrying a 10yr.greencard. Right now, working part-time in a company in a low-wage salary. I have 2-children from my past relationship, but no child with my present marriage.

I am presently suffering harassment of my present husband, and lately i found out he filed for a divorce. He wanted me to leave the house which i don't wanted to do because i have nowhere to go, i have no friends here, plus i have no sufficient money for any apartment and living expenses,and most esp. i have 2-kids with me.

I told him sincerely to accept the divorce, but i cannot afford to pay the attorney fees. And I told him too, that he signed an affidavit of support that he is the petitioner, but he said it can be irrevocable. I am so confused, stress-out, and afraid what to do. He offered then to pay for an apartment for us which is good for few mos., but he then said that after i'll be the one to pay that. I dont want to sign any aggreement on that because i sincerely cannot afford, and he knows that. I am very confuse right now..so confuse....Our house, mortgage is under both our names, but he is the one paying that. My car is under both our names too, but i am the one paying that, we have little saving account, both under our names too. I need some good advise and help me to understand what our my rights because were not Citizen here yet and he is our main petitioner. I am so weak what else and best to do. My grounds for him is mental cruelty and harassment, because he do always verbal abuse me....please advise me what are my legal right being a 10.year greencard.....and If i get an attorney, can I demand him to pay for it? (but he said he cant afford to pay for me..)..his earning 7+/mo......I am sorry for this long post...just so confused right now, plus me and my children are scared what to do. Hope to hear a reply from you. God bless.

shakira

Since you will probably have a hard time understanding your legal rights, I highly recommend consulting with an attorney. All of your assets and savings are still considered marital property (they belong to both of you and he cannot deny you access to any of it including bank accounts, apartment, car, etc). If he has filed for divorce, you have a right to an attorney paid for out of marital assets. In most states, it is common for one spouse to file a divorce complaint (in this case your husband if he has filed), and the other spouse (you) to file a counter-complaint for divorce. An attorney is your best bet in this situation.

John

There are circumstances under which an I-864 can be invalidated but this doesn't sound anything like one of those. Absolutely find some legal assistance.

One caution, the husband can deny access to joint accounts by simply using his own access to clean them out. This works both ways.