God-Forbit it go south, what happens to I-864 Obligations

[24route66 0]

God-Forbit the relationship goes south, what happens to I-864 Obligations?

form says the gov will sue on the spouses behalf 125% min poverty

Dont get me wrong i love her and her me, but i've heard of things changing, expesially at the 2 year mark, so HAS ANY ONE HEARD OF PROBLEMS in this area and what can be done if this happens to limit exposure?

"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" and " until your obligations under the Form I-864 terminate, your income and assets may be considered ("deemed") to beavailable to that person, in determining whether he or she is eligible for certain Federal means-tested public benefits andalso for State or local means-tested public benefits, if the State or local government's rules provide for consideration("deeming”) of your income and assets as available to the person." and " If you are sued, and the court enters a judgment against you, the person or agency that sued you may use any legallypermitted procedures for enforcing or collecting the judgment. You may also be required to pay the costs of collection,including attorney fees.

If a Federal, State or local agency, or a private agency provides any covered means-tested public benefit to the person whobecomes a permanent resident based on the Form I-864 that you signed, the agency may ask you to reimburse them for theamount of the benefits they provided. If you do not make the reimbursement, the agency may sue you for the amount thatthe agency believes you owe.

[Mike B. 231]

God-Forbit the relationship goes south, what happens to I-864 Obligations?

form says the gov will sue on the spouses behalf 125% min poverty

Dont get me wrong i love her and her me, but i've heard of things changing, expesially at the 2 year mark, so HAS ANY ONE HEARD OF PROBLEMS in this area and what can be done if this happens to limit exposure?

"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" and " until your obligations under the Form I-864 terminate, your income and assets may be considered ("deemed") to beavailable to that person, in determining whether he or she is eligible for certain Federal means-tested public benefits andalso for State or local means-tested public benefits, if the State or local government's rules provide for consideration("deeming”) of your income and assets as available to the person." and " If you are sued, and the court enters a judgment against you, the person or agency that sued you may use any legallypermitted procedures for enforcing or collecting the judgment. You may also be required to pay the costs of collection,including attorney fees.

If a Federal, State or local agency, or a private agency provides any covered means-tested public benefit to the person whobecomes a permanent resident based on the Form I-864 that you signed, the agency may ask you to reimburse them for theamount of the benefits they provided. If you do not make the reimbursement, the agency may sue you for the amount thatthe agency believes you owe.

Your obligations remain valid unless:

Your wife becomes a US citizen

OR

your wife can be credited with 40 qualifying quarters of work in the United States so she can draw for Social Security

OR

your wife ceases to be a lawful permanent resident

OR

your wife dies

OR

you die.

There isn't any other way to get out of the obligations.

[Otto 83]

Your obligations remain valid unless:

OR

You foreign spouse is employed and never utilizes government benefits (the ones that are covered by the I-864 anyway).

[Boiler 43,813]

Move to her country and she can sponsor you.

[JimVaPhuong 4,863]

The first thing you need to understand that neither party in a contract has the authority to enforce the terms of the contract on their own. They have to get an order from a court to do that. This means that the government has to SUE you in order to get any money from you.

The second thing you need to understand is that no government agency is going to sue you in order to force you to support the sponsored immigrant. They will sue you only if she collects means tested benefits from the government, and they will sue only to be reimbursed for those benefit payments. If she never collects any means tested benefits, then the government will leave you alone.

The third thing you need to understand is that the sponsored immigrant may sue you in order to force you to support them. The contract implicitly gives them that authority. This is where things get sticky. Some courts have granted support payments based on the I-864. Some courts have not. It depends on the laws of the state where the court is located. In some states, a plaintiff cannot sue to enforce a contract which they are not a party to, and the I-864 is a contract between the sponsor and the US government - not the sponsor and the beneficiary.

There have been relatively few cases of a beneficiary suing a sponsor for support based on the I-864. Many of these cases were brought during divorce proceedings, and the I-864 was cited as a basis for spousal support. In some cases this has succeeded. In other cases it has not, sometimes because family courts must follow state law in determining spousal support, which often provides a clear formula for determining support, and doesn't provide for any support contract to be considered. In addition, in some cases the beneficiary would fare much better to have support determined based on state law rather than 125% of the poverty guidelines for one person. Whether or not this would apply would depend on the state's spousal support formula, and the income disparity between the sponsor and beneficiary. In the event that the beneficiary does manage to get an award based on the affidavit of support, they're going to deduct her current income from the 125% poverty guidelines to determine how much support to award. If she earns more than $260 per week then it's a wash - she won't get anything.

Your biggest concern should be whether she will collect any means tested benefits, since you will be on the hook to reimburse the government if she does. This is not likely if she has any marketable job skills, or is determined to get an education and acquire some skills after she arrives here. Very few people would be satisfied to come to the US and live on government handouts, or alternatively to live at 125% of the poverty guidelines.

[sjr09 155]

Three words, Don’t get married!

[Lonener 0]

i wouldnt worry about divorcing my filipina i know she love me so i dont worry about her and me going south, get to know her