What if the US citizen files for divorce?

[JimVaPhuong 4,863]

and the enforcement is limited to what?

this text is bunkum boilerplate designed to validate a possible claim by US gov't if the immigrant receives means tested benefits. it is nothing more than that, and for any other purpose is not worth the paper you print it on.

The enforcement (or at least one possible path for enforcement) is also spelled out in section 8:

If you do not provide sufficient support to the person who becomes a permanent resident based on the Form I-864 that you signed, that person may sue you for this support.

Ok, saying that the immigrant can sue the sponsor is a far cry from actually getting a court to award the payments. However, the government doesn't have any more enforcement authority than the sponsored immigrant. Again, from section 8:

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

So the government can ask you to reimburse them, but if you refuse then they also have to take you to court. There are some exceptions to this. In some states, the agency that manages benefits payments can refer a case to the state's tax authority to enforce collection on a spouse. The tax authority can enforce collection without a court order. This usually doesn't have anything to do with the affidavit, though. Some states can order reimbursement from a working spouse when the other spouse makes an independent claim for benefits. This happened to me when my first wife took off with the kids and got on AFDC, and she wasn't an immigrant so there was no affidavit of support.

I've read several court cases involving the support clause in the affidavit. In some of these cases the courts have refused to issue a payment order against the sponsor, but it was usually because of lack of jurisdiction or ex parte enforcement, and not because they determined the clause itself to be unenforceable. Some state family courts have refused to issue an order because there was no provision in the state's family code for considering a support contract. Some state civil courts have refused to issue an order because the beneficiary was an ex parte litigant - they were not a party to the contract, and therefore had no right to seek it's enforcement. The success rate is somewhat higher in federal courts.

[John and Camie 39]

Since Jim always provides such amazing responses, I'll drift in a completely different direction and call you out: at this point of time you do not have an immigration problem; you have a relationship problem. More to the point: you have a communication problem. Go out for dinner with your hubby, order a bottle of wine, tell him that you love him and want your marriage to work. Then communicate your thoughts and concerns to him.

Addendum: the moment we got married, my wife quit her job and followed her dream to open her own business in her field of expertise. To this day, close to 4 years later, she has not made a penny. On the contrary, her dream so far has cost us over $100,000. But we are a couple, so her dream is more important to me than her money, even though I have to work very hard to provide for all of us, including our daughter who's now in college. Marriage is not a business agreement; it's a life decision.

Wow. Can I just say how much I love this comment? You're quite a dude.

(Camie returns to lurking on VJ)

[Pocahontas 0]

Well, the Affidavit doesn't worry me, it is obvious I am never gonna claim anything pertaining to that.

Somebody here said that maybe my finances go on personal expenses, and he is frustrated that he needs to pay everything. THIS is why I have 2 jobs, so I can pay bills in both places...

The situation is very complicated and frustrating, I mean, I have to pay like I am his wife, but when it comes to rights in that house, I'm not existing. It's him and his mother who rule.

Anyway, bottom line is that I had a ta;k with him last night, he doesn't understand what my problem is, I don't know what do do anymore!

[Deputy Purple 1,294]

The situation is very complicated and frustrating, I mean, I have to pay like I am his wife, but when it comes to rights in that house, I'm not existing. It's him and his mother who rule.

Anyway, bottom line is that I had a talk with him last night, he doesn't understand what my problem is, I don't know what do do anymore!

Maybe what it will take is for you and your money to move out and let him pay his own bills.

Why stay in a relationship where you are not respected?

[bszoom42 0]

...It's him and his mother who rule...

If it were me, I would first point out to my husband that I married him, not his mother. If your husband doesn't see it that way, then I am sorry, you didn't marry a man, you married a boy.

You need to decide how to work out your marital problems with your husband. One option may be couples counselling.

[Pocahontas 0]

If it were me, I would first point out to my husband that I married him, not his mother.

I did that, he doesn't understand me, doesn't understand what I am going through, especially that his mom hates me.

But my only question was about my standing with the immigration process, I didn't wanna vent here too much.

[milimelo 4,236]

I did that, he doesn't understand me, doesn't understand what I am going through, especially that his mom hates me.

But my only question was about my standing with the immigration process, I didn't wanna vent here too much.

Since you have a 2-year card, gather all evidence you can think of for removal of conditions and file for divorce.

[Married2009 32]

Gather information that proves you married in good faith, keep it where he can't find it, maybe at work?

[Pocahontas 0]

Gather information that proves you married in good faith, keep it where he can't find it, maybe at work?

What kind of information are we talking about ??????

[Deputy Purple 1,294]

What kind of information are we talking about ??????

Proof that you shared a life & bills...

Utility Bills in both names or some in his & some in yours for the same service address.

Joint Bank Accounts (Checking, Savings & Credit Card).

Vehicle (or other loan) with both of you.

Life Insurance Policies with each other as the beneficiary.

Health Insurance Policy with one as the Primary and the other as Dependent/Spouse.

Vehicle Insurance with both listed as drivers.

Vehicle Title(s) with both of your names.

Lease in both names.

Edited June 7, 2010 by Bob 4 Anna

[Krikit 1,163]

hijack removed

[dluke77 9]

I guess I have finally seen enough--sugar coating and justifying ones desires to stay here in America. I don't understand if foreigners claimed to have married because of the deep love they had for the US citizen then why before two years of marriage are they so worried about how to get their conditions removed so they can stay here.

And I mean no direct cooralation of your post to my statement. Some folks I know have legit cases. Spousal abuse, emotional abandoment, cheating spouse, etc, etc. Abuse of any sort and infidelity are really the only two reasons that justify termination of a marriage or ok at least justify it within the first two years. Everything else can be worked on and have a high potential of successful being corrected or fixed.

Ok so if the foreign spouse doesn't believe their marriage issues can be resolved then why not just go back to the home country to begin with before or after the divorce (that shouldn't matter). "You entered the marriage in good faith" -- guess they need to define that term... because if you entered the marriage in good faith, I would assume that meant out of love and took the vows that go along with it. "Conditional" means just that... so if the marraige ends that removes the condition the foreign spouse was here on. I am empathic to the fact that things must be bad enough for them to want to leave and they are having the guts and taking the risk to do so before the conditions are removed and they leave immediately after getting the uncontional permanent residency.

It just begs to question--what does "in good faith" really mean... for love -- Or is somehow construed as meaning... for the ability to come to the United States on Marriage or Fiance Visa with the hopes of falling in love.