Soon to be ex-immigrant wife and i have a conversation

[mrsjohnsonscat 7]

After 20 years of marriage and three years separation, we have the paper drawn up. I have been seeing a Russian lady for over a year and recently decided to let the kids begin to interact. She's in Moscow, but we use Skype, so the kids wave at each other and type a word or two. By seeing, I mean we actually have met several times and spend weeks together, it's serious and is what prompted me to get the divorce papers finalized.

My ex is from Britain, we met twenty years ago, while she was on a tourist visa and she never went home. A few years later, we got married, then we went to immigration, paid some dough and all was well.

Twenty years later, it's not and we split...ok enough of that.

So we're having coffee talking about the kids, and she tells me, "You know, if you decide to bring her, here you're going to have a problem."

"Why's that?", I said.

"Because when you married me, you promised you would not allow me to become a burden to the state, and now because I'm on medicare; I am."

I didn't remind her that she was covered under my policy, but wanted to be her own woman and ended up unemployed.

But that's neither here nor there..but I could have sworn that there was a 10 year time-limit on that not be a burden promise or am I mistaken?

The rest of the conversation didn't get much better. I will share this, I was pretty bummed about the wholet thing and spoke to my girl about it. It was quite honestly the most insightful conversation I ever had about women and what women want I have ever had. I don't know if it's cultural, but it was a defining moment for me.

Edited April 8, 2009 by mrsjohnsonscat

[GueraKristina 1]

I think thats how it goes, or 40 something or anothers of work accumulated, Im not quite sure, someone clear me up,

[MMW 2]

After 20 years of marriage and three years separation, we have the paper drawn up. I have been seeing a Russian lady for over a year and recently decided to let the kids begin to interact. She's in Moscow, but we use Skype, so the kids wave at each other and type a word or two. By seeing, I mean we actually have met several times and spend weeks together, it's serious and is what prompted me to get the divorce papers finalized.

My ex is from Britain, we met twenty years ago, while she was on a tourist visa and she never went home. A few years later, we got married, then we went to immigration, paid some dough and all was well.

Twenty years later, it's not and we split...ok enough of that.

So we're having coffee talking about the kids, and she tells me, "You know, if you decide to bring her, here you're going to have a problem."

"Why's that?", I said.

"Because when you married me, you promised you would not allow me to become a burden to the state, and now because I'm on medicare; I am."

I didn't remind her that she was covered under my policy, but wanted to be her own woman and ended up unemployed.

But that's neither here nor there..but I could have sworn that there was a 10 year time-limit on that not be a burden promise or am I mistaken?

The rest of the conversation didn't get much better. I will share this, I was pretty bummed about the wholet thing and spoke to my girl about it. It was quite honestly the most insightful conversation I ever had about women and what women want I have ever had. I don't know if it's cultural, but it was a defining moment for me.

The AOS is only binding for 10 years or 40 Quarters. read the AOS rules at USCIS website.

[GueraKristina 1]

But i think immigration kind of works like a car warranty, whichever comes first. 10 yrs or the equivalent of 40 terms of work, terms isnt the right word, so i would think that if youve done your 10 yrs, then your off the hook, and it sounds like your wife kinda put it in a 'well you cant now, cause im a public charge, hahahahha, in your face' kinda way. Am i just misundersanding? Did you take it that way?

[mrsjohnsonscat 7]

But i think immigration kind of works like a car warranty, whichever comes first. 10 yrs or the equivalent of 40 terms of work, terms isnt the right word, so i would think that if youve done your 10 yrs, then your off the hook, and it sounds like your wife kinda put it in a 'well you cant now, cause im a public charge, hahahahha, in your face' kinda way. Am i just misundersanding? Did you take it that way?

It was a strange conversation. A lot of anger, even though she wanted the divorce. A lot of, " I don't want to end up eating cat food when I'm 80, while your new wife has the house." I had my tubes tied....kinda of stuff.

I don't want to bore you guys, with a ton of divorce talk, but I'm getting a "I'm not going to sign these papers", unless we make changes, vibe.

Ah, well...

[wowswift 3]

Did your soon to be ex wife ever get US citizenship? I have a feeling you're off the hook either way. an expert will chime in for you I hope

Edited April 8, 2009 by wowswift

[Dakine 26]

Did your soon to be ex wife ever get US citizenship? I have a feeling you're off the hook either way. an expert will chime in for you I hope

If she got US citizenship you are off the hook. She's on medicare?? Medicaid more likely. How old is she?

Edited April 8, 2009 by Haole

[mrsjohnsonscat 7]

Nope, no citizenship. Medicaid is correct.

[Boiler 43,619]

Nope, no citizenship. Medicaid is correct.

If she has not acquired 40 quarters of work social security contributions, you are on the hook. You signed the affadavit of support. You would also have to mention that when it comes to your new application.

[justashooter 430]

But i think immigration kind of works like a car warranty, whichever comes first. 10 yrs or the equivalent of 40 terms of work, terms isnt the right word, so i would think that if youve done your 10 yrs, then your off the hook, and it sounds like your wife kinda put it in a 'well you cant now, cause im a public charge, hahahahha, in your face' kinda way. Am i just misundersanding? Did you take it that way?

It was a strange conversation. A lot of anger, even though she wanted the divorce. A lot of, " I don't want to end up eating cat food when I'm 80, while your new wife has the house." I had my tubes tied....kinda of stuff.

I don't want to bore you guys, with a ton of divorce talk, but I'm getting a "I'm not going to sign these papers", unless we make changes, vibe.

Ah, well...

"it's not over, until that man pays"

big mistake letting the old one know about the new one before you are in the clear. gonna cost you extra $.

sure, she's an old friend and you just wanted to talk about the new love in your life. wrong person to do it with. even if she seperated from you, she is not really seperated from you. she still owns a piece of you, and knows that once you are tied to another woman her power over you is gone.

eating cat food? if she didn't want to die a lonely old woman she shouldn't have walked out on you, but she'll never take responsibility for that. medicaid? under 60? malingerer? once you are vested in terms of quarters worked under SS tax, some of the quarters you work thereafter may be applied to your wife's qualification. she doesn't need to have 40 quarters worked if you have excess. not sure of the exact rules, but there is a principle to be applied. you need to know about it before you schedule your divorce.

[beans 7]

From form I-864

"Any intending immigrant who has earned or can be creditedwith 40 qualifying quarters (credits) of work in the UnitedStates. In addition to their own work, intending immigrantsmay be able to secure credit for work performed by aspouse during marriage and by their parent(s) while theimmigrants were under 18 years of age. The Social SecurityAdministration (SSA) can provide information on how tocount quarters of work earned or credited and how toprovide evidence of such. See the SSA website atwww.ssa.gov/mystatement/credits for more information;

Not all benefits are considered to be means-tested publicbenefits. See Form I-864P, Poverty Guidelines, for moreinformation on which benefits may be covered by thisdefinition, or the contract on Page 6 of this form for a list ofbenefits explicitly not"

Edited April 8, 2009 by beans

[Marina-Del 10]

I'm in agreement with what most everyone else has been saying as well in that I doubt you will still be responsible after 20 years because I feel like she probably has met the 40 quarters so far, after 20 years (but who knows?). Anyway, even if she has not met the 40 quarters, this does not mean that you cannot bring your new woman to the states (assuming you have some money)!

It only means that you are responsible to pay the US government back. And if I understand correctly, it doesn't matter whether you are married or not, if you signed the papers for her and she has not gotten the conditions lifted, you are still supposed to pay....

[Bobby+Umit 161]

After 20 years of marriage and three years separation, we have the paper drawn up. I have been seeing a Russian lady for over a year and recently decided to let the kids begin to interact. She's in Moscow, but we use Skype, so the kids wave at each other and type a word or two. By seeing, I mean we actually have met several times and spend weeks together, it's serious and is what prompted me to get the divorce papers finalized.

My ex is from Britain, we met twenty years ago, while she was on a tourist visa and she never went home. A few years later, we got married, then we went to immigration, paid some dough and all was well.

Twenty years later, it's not and we split...ok enough of that.

So we're having coffee talking about the kids, and she tells me, "You know, if you decide to bring her, here you're going to have a problem."

"Why's that?", I said.

"Because when you married me, you promised you would not allow me to become a burden to the state, and now because I'm on medicare; I am."

I didn't remind her that she was covered under my policy, but wanted to be her own woman and ended up unemployed.

But that's neither here nor there..but I could have sworn that there was a 10 year time-limit on that not be a burden promise or am I mistaken?

The rest of the conversation didn't get much better. I will share this, I was pretty bummed about the wholet thing and spoke to my girl about it. It was quite honestly the most insightful conversation I ever had about women and what women want I have ever had. I don't know if it's cultural, but it was a defining moment for me.

The AOS is only binding for 10 years or 40 Quarters. read the AOS rules at USCIS website.

That is incorrect.

The rules state:

Your obligation to support the immigrant(s) you ares ponsoring in this affidavit of support will continue until the esponsored immigrant becomes a U.S. citizen, or can becredited with 40 qualifying quarters of work in the United States.

Although 40 qualifying quarters of work (credits) generally equate to ten years of work, in certain cases the work of a spouse or parent adds qualifying quarters. The Social Security Administration can provide information on how to count qualifying quarters (credits) of work.

So unless the immigrant works, or the spouses work credit can be used, or becomes a citizen of the US, the sponsor is on the hook indefinitely, unless one of the follow occur:

The obligation also ends if you or the sponsored immigrant dies or if the sponsored immigrant ceases to be a lawful permanent resident and departs the United States.

Of course, if the sponsor dies, then they are off the hook, but their estate probably will not be.

So, the OP should contact the SSA and find out if his work credit can be used to qualify her. After 20 years of marriage, it might.

[Boiler 43,619]

I doubt if you can pass on work credit if the recepient does not want to receive them.

I think the estate would be off the hook for future claims, but not responsibilies prior to death.

[Bobby+Umit 161]

I doubt if you can pass on work credit if the recepient does not want to receive them.

I think the estate would be off the hook for future claims, but not responsibilies prior to death.

I don't believe the immigrant has any say in the matter if the SSA credits it.