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chaz3414

Does anyone know if 1-864 is enforced after divorce

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Filed: Timeline

I am getting a divorce and I am worried my X will try to collect from me on the 864. I have heard that it is very hard to enforce this. Does anyone know what I should expect. Should I be worried. Also my income is only a couple of hundred dollars over the 864 amount. Thanks.

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Filed: IR-5 Country: Philippines
Timeline

I am getting a divorce and I am worried my X will try to collect from me on the 864. I have heard that it is very hard to enforce this. Does anyone know what I should expect. Should I be worried. Also my income is only a couple of hundred dollars over the 864 amount. Thanks.

Page 3 of I-864 instruction:

How Long Does My Obligation as a Sponsor Continue?

Your obligation to support the immigrant(s) you are sponsoring in this affidavit of support will continue until the sponsored immigrant becomes a U.S. citizen, or can be credited 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.

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. DIVORCE DOES NOT end the sponsorship obligation.


IR5- Mother

***USCIS STAGE***

***NVC***

05-24-11- NVC Case Number Assigned. email addresses verified

05-26-11- Emailed DS-3032

05-27-11- called NVC for IIN

05-28-11- PAID AOS $88( IN PROCESS)

05-31-11- received email confirmation fron NVC for DS-3032

06-01-11- IV Payment $404

06-02-11- IV Fee Payment "IN PROCESS"

06-03-11- AOS Package Sent

06-04-11- IV Fees shows "PAID"-printed document cover sheet

06-06-11-AOS Packet Delivered

06-10-11- IV Packet Sent(Priority Mail)

06-13-11-IV Packet Delivered to NVC

06-14-11- Advanced Medical (PASSED)

06-18-11-AOS PACKET ACCEPTED

06-18-11-NVC Checklist Received for DS-230(email)

06-24-11-DS-230(IV) Packet Accepted per AVR (allow 6-8weeks)

06-30-11-RFE Beneficiary's Marriage Certificate

06-30-11- RFE Sent (Priority Mail w/ confirmation )

07-05-11- RFE Delivered

07-15-11- SIF

07-15-11- RFE checklist received

07-19-11- Case Completed

Sep 9, 2011- Interview Date ( Additional Documents needed -I-864a)

Sept 22,2011- Additional Documents received

**delayed due typhoon Pedring**

Oct 7, 2011- Visa issued per embassy

Oct 15,2011- VISA ARRIVED(PICKED UP AT 2GO)

Nov 17- POE USA

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I am getting a divorce and I am worried my X will try to collect from me on the 864. I have heard that it is very hard to enforce this. Does anyone know what I should expect. Should I be worried. Also my income is only a couple of hundred dollars over the 864 amount. Thanks.

Yes, the 864 is in effect until he gets his citizenship, leaves the US permanently, or dies (don't get any ideas...:no::P ).

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Filed: AOS (pnd) Country: Philippines
Timeline

Sorry to hear about that. As this is the K-1 section -- and the I-864 does not come into play until you adjust status -- where are you guys in the process? Green Card? Post lifting of conditions?

A little more info would assist the folks that have the information to help you.

On the ground I believe the I-864 financially obligates you when and if the beneficiary claims any means tested benefits such as welfare, food stamps, Medicaid, etc. All of which is traced back to you via your SSN, even if you fail to update your home address.

The I-134 is notorious for not being upheld -- but I don't believe that applies to the I-864, which is a legal binding agreement.


17-Jan-10 - Filed K-1

26-Apr-10 - Approved

06-May-10 - Entered POE

24-May-10 - Married

22-Jul-10 - Filed AOS

24-Sep-10 - Biometrics Appointment

18-Nov-10 - Approved

29-Nov-10 - Received Green Card

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Filed: Country: Mexico
Timeline

I am getting a divorce and I am worried my X will try to collect from me on the 864. I have heard that it is very hard to enforce this. Does anyone know what I should expect. Should I be worried. Also my income is only a couple of hundred dollars over the 864 amount. Thanks.

Yes, she can try to get support from you based on the I-864, but no one can answer if she would be successful or not. That will be up the courts.

This was a good answer supplied to you by JimVaPhuong last month: http://www.visajourney.com/forums/topic/309015-10-year-green-card/page__p__4655808#entry4655808


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Filed: Country: China
Timeline

The I-864 instructions say that you are obligated to support the beneficiary at 125% of the poverty line and that they can sue you for this support if you don't provide it. I think most beneficiaries aren't aware of this clause but bottom line is if she does sue for this then you are on the hook as you signed a contract with the federal government for this. I would start talking to a good attorney who is versed in divorce and immigration matters.


Service Center : California Service Center
Consulate : Guangzhou, China
Marriage (if applicable): 2010-04-26
I-130 Sent : 2010-06-01
I-130 NOA1 : 2010-06-08
I-130 RFE : 2010-11-05
I-130 RFE Sent : 2010-11-06
I-130 Approved : 2010-11-10
NVC Received CaseFile: 2010-11-16
NVC Casefile Number Issued: 2010-11-22
Received DS-3032 / I-864 Bill : 2010-11-23
OPTIN EMAIL SENT TO NVC: 2010-11-23
OPTIN ACCEPTED by NVC: 2010-12-14
Pay I-864 Bill 2010-11-23
Receive I-864 Package : 2010-11-23
Return Completed I-864 : 2011-03-30
Return Completed DS-3032 : 2010-11-23
Receive IV Bill : 2010-12-17
Pay IV Bill : 2011-03-16
AOS CoverSheets Generated: 2010-11-27
IV Fee Bill marked as PAID: 2011-03-18
IV CoverSheets Generated: 2011-03-18
IV email packet sent: 2011-04-4
NVC reports 'Case Completed': 2011-5-2
'Sign in Fail' at the Online Payment Portal: 2011-5-2
Final Review Started at NVC: 2011-5-2
Final Review Completed at NVC: ????
Interview Date Set: 2011-5-5
Appointment Letter Received via Email: 2011-5-6
Interview Date: 2011-6-1
Approved!!!!!

I-751 Sent : 2013-07-02

I-751 Bio Appointment Date 2013-08-02

10 Year Green Card Approved!!!!!

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Filed: IR-1/CR-1 Visa Country: India
Timeline

Sorry to hear about that. As this is the K-1 section -- and the I-864 does not come into play until you adjust status -- where are you guys in the process? Green Card? Post lifting of conditions?

A little more info would assist the folks that have the information to help you.

On the ground I believe the I-864 financially obligates you when and if the beneficiary claims any means tested benefits such as welfare, food stamps, Medicaid, etc. All of which is traced back to you via your SSN, even if you fail to update your home address.

The I-134 is notorious for not being upheld -- but I don't believe that applies to the I-864, which is a legal binding agreement.

If the other half is here on K1 - you dont need a divorce ...:)

Yes your support could be enforeced if he becomes a public charge, when you bought your spouse you signed on pieace of paper, that you will be responsible for him not becoming a public charge.

With the given economy and when all the city and state are desperate need of money, something like this which was not enforced earlier could be enforced and they can come after you for all the expenses inccured to them.

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Very helpful info indeed! :)

I have some concerns that I need your input guys. Here's my timeline and situation:

I entered the USA Sept 2007 on a K1 visa and got married Oct of the same year. Feb of the following year, we applied for AOS and approval July of the same year. Life was perfect until Feb 2009. I had my 2nd miscarriage. December 2009 came. We decided to file a divorce (no fault divorce by Colorado state). The divorce papers didn't get to the court til January of 2010 for the reason that we were given 30-days re-consideration. Same month and year (Dec 2009) my ex-husband got someone pregnant and we pursue the divorce the following month. We had our first court hearing Feb 2010 where I agreed on not asking for any alimony or anything. All I wanted that time was my freedom and have my maiden name back. My ex-husband then telling me that I do not have the right to ask for any support since we're separated (which then I was not seeking). But I was and still is left with unpaid military credit card that we used to purchase furnitures. So yeah, it's a big amount. And to boot, I didn't ask even a single thing from our conjugal property. Not even a tissue paper! March 18, 2010 the finality of our divorce came! May 2010, I filed for ROC-Waiver and granted 10yr permanent resident January of this year.

We filed 2009 tax return last Feb 2010 also as "married" albeit the presence of divorce proceeding. I guess, his intention was to get a big money and on my part it was the fact that I was jobless til Dec. 2009. This year, I filed my own 2010 tax return and my income was over the 110% poverty line of 3 persons in a family. January of this year, I sent myself back to school. From a full time worker to a full time student. I didn't work the whole month of Jan this year to focus with school, but then the pain of paying debts forced me to go back to work as part-time. I'm working less than 20 hours/week now.. My scholarship pays my "Cost of Attendance". I filed for Medicaid, I was denied tongue.gif! Now, someone reminded me that my ex-husband is still liable to support me per I-864 and I want to take the plunge. I am qualified to apply for citizenship July 2014, which I am not taking into account as of the moment.

Where do I need to send the lawsuit? Is it where the divorce took place or the state where I am at right now? I will secure a lawyer assistance on this case.


You were never a mistake. You were my realization.

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It is my understanding that the I-864 is not to support the beneficiary, but to repay the agency that was used for the means tested benefits.


Married: 01/02/09

I-130 filed: 11/06/09

NOA1: 11/13/09

NOA2: 02/11/10

NVC received: 02/18/10

Case complete @ NVC: 04/14/10

Interview @ Montreal: 07/13/10 - Approved

POE: Sweetgrass, MT, 08/07/10

Filed for ROC: 07/20/12

Biometrics appt: 08/24/12

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Filed: Citizen (apr) Country: Ireland
Timeline

It is my understanding that the I-864 is not to support the beneficiary, but to repay the agency that was used for the means tested benefits.

:thumbs:


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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It is my understanding that the I-864 is not to support the beneficiary, but to repay the agency that was used for the means tested benefits.

Thanks! It is very helpful! :) I remember (just now) seeing this word when I was applying for my college benefits and when I applied for Medicaid. It gives me understanding where to go from here. good.gif


You were never a mistake. You were my realization.

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Filed: K-1 Visa Country: Vietnam
Timeline

Where do I need to send the lawsuit? Is it where the divorce took place or the state where I am at right now? I will secure a lawyer assistance on this case.

Your divorce is final. You accepted a settlement without spousal support. The family courts won't help you now.

You can file a law suit in a civil court. The best you can hope to receive is 125% of the poverty guidelines for one person, which is $13,612, minus any other income you're already receiving. If you lose (which is a good possibility) then you'll get nothing, and you'll still have to pay your attorney.

The I-864 is a tricky thing. It's a legally binding contract, but it's a contract between your ex-husband and the US government. Courts often have a difficult time letting a sponsored immigrant demand that the contract be enforced when the sponsor didn't make any promises to the sponsored immigrant. Yes, the contract says that the sponsored immigrant can sue for support, but that's nebulous because the sponsored immigrant didn't sign the contract. I've seen several cases where the sponsored immigrant was told by the judge to get the US government to sue on their behalf. I've never seen a case where the US government has done this. I've only seen cases where the US government sued for reimbursement of means tested benefits paid to the sponsored immigrant. The I-864 is a pretty solid contract for the government, but not so much for the immigrant.

Anyway, talk to your attorney (you need a civil law attorney - not a divorce attorney).

BTW, you won't be eligible for any means tested benefits for another year - when you've been an LPR for five years.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Your divorce is final. You accepted a settlement without spousal support. The family courts won't help you now.
You can file a law suit in a civil court. The best you can hope to receive is 125% of the poverty guidelines for one person, which is $13,612, minus any other income you're already receiving. If you lose (which is a good possibility) then you'll get nothing, and you'll still have to pay your attorney.

The I-864 is a tricky thing. It's a legally binding contract, but it's a contract between your ex-husband and the US government. Courts often have a difficult time letting a sponsored immigrant demand that the contract be enforced when the sponsor didn't make any promises to the sponsored immigrant. Yes, the contract says that the sponsored immigrant can sue for support, but that's nebulous because the sponsored immigrant didn't sign the contract. I've seen several cases where the sponsored immigrant was told by the judge to get the US government to sue on their behalf. I've never seen a case where the US government has done this. I've only seen cases where the US government sued for reimbursement of means tested benefits paid to the sponsored immigrant. The I-864 is a pretty solid contract for the government, but not so much for the immigrant.

Anyway, talk to your attorney (you need a civil law attorney - not a divorce attorney).

BTW, you won't be eligible for any means tested benefits for another year - when you've been an LPR for five years.

good.gifI will take note of the infos you provided! I understand that the I-864 is a binding contract between the government and the sponsor and I have no interest to ask my ex-husband for any support. And yes, I am going to take action of these means tested benefits on my 5th yr anniversary as an LPR which is 2013, I believe :)

Thanks again!


You were never a mistake. You were my realization.

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