Claiming from the sponsor.

[KayDeeCee 4,891]

the someone can come and marry and divorce anytime and not be deported?

5 years is what my bother in law was told when he married Russian girl. that she had to stay married at least 5 years, then apply for citizen and then she could stay even if divorced.

I know about the CR_1. I am married.

but he came on K-1 fiancee visa.

If you filed a CR-1, then you already know they will receive permanent resident status when they enter the US with a spousal visa. If you already know, then why are you stating you thought someone needed to be here 5 years before they became a permanent resident?

I just broke it down and explained how it works for a K-1. You are granted permanent resident status after applying and being approved for AOS. You will be given a 2 year conditional green card, and then 90 days shy of 2 years later, you can file ROC and receive the 10 year green card. A green card is what is given to those with permanent resident status. Being a legal permanent resident and a naturalized US citizen are not the same thing.

The spouse of a USC is eligible to file for US citizenship after being married and residing with their spouse in the US for 3 years. It only takes a spouse 3 years to be able to apply for naturalization, and not 5. http://www.visajourney.com/content/naturalization_requirements

As for being divorced anytime and not getting deported, once the immigrant has been approved for legal permanent residence, if a divorce occurs, they can file for ROC on their own. They will need to prove they entered into the marriage on good faith. If they prove that, because sometimes things just do not work out and people divorce, then they will be granted the 10 year green card, even if they are divorced. If their marriage was legitimate, and they just so happened to get a divorce, why shouldn't they be able to continue their permanent residence status and stay?

[Nich-Nick 3,353]

My husband arrived in the US last Oct., and was approved for permanent resident status in May, 7 months after arriving here, and 5 months after marrying me. He will be eligible to file for US citizenship in 2013, as you only need to be married to a USC and reside in the US for 3 years in order to file.

I believe your husband will be eligible for citizenship in May 2014, three years from the date on his original greencard if he remains married to you.

And just to throw this out there-- A divorced permanent resident (like the OP) would have to wait 5 years to be eligible for citizenship without the original wife that brought him here. In his case Sept 2015.

[KayDeeCee 4,891]

I believe your husband will be eligible for citizenship in May 2014, three years from the date on his original greencard if he remains married to you.

And just to throw this out there-- A divorced permanent resident (like the OP) would have to wait 5 years to be eligible for citizenship without the original wife that brought him here. In his case Sept 2015.

Ah yes 2014, duh to me. Typed the wrong year. 2013 is when he can file ROC.

[UnhappyVictimAmer 2]

You can sue and hold them liable. Remember they are supposed to provide financial support for you to live 125% above poverty level if they don't then it's fraud signing an affidavit to say they would. Bring it to any court and tell the judge this. You will probably have to use an attorney and have the case heard in that local court. You should try and sue for either monthly payments or a lump sum for your estimated time left here in the states as a permanent resident or your estimate of becoming a U.S. citizen if that's possible for you. Let us know what u find out.

[NigeriaorBust 4,087]

You can sue and hold them liable. Remember they are supposed to provide financial support for you to live 125% above poverty level if they don't then it's fraud signing an affidavit to say they would. Bring it to any court and tell the judge this. You will probably have to use an attorney and have the case heard in that local court. You should try and sue for either monthly payments or a lump sum for your estimated time left here in the states as a permanent resident or your estimate of becoming a U.S. citizen if that's possible for you. Let us know what u find out.

This is NOT what they did even though many people wrongly think it is. They signed a contract with the government to reimburse the government for any means tested benefits that the visa recipant gets. They were required to show income for the total family unit of 125% to convince the government that they could collect from the sponsor if they needed to. NOTHING says the visa recipient is going to live at any certain income level. The OP claims to have their own business and "too many bills" which implies the need to downsize. Many people in the US over extend themselves and it actually causes many marriages to fall apart over the stress of the bills. Even if the OP sued the sponor the sponor could request that the OP liquidate their assets first and then they would make up the difference. No court of law is going to force someone to pay up for another adults bad spending habits. A good dovorce lawyer and a debt consuling service are probably the best thing for the OP.

[UnhappyVictimAmer 2]

This is NOT what they did even though many people wrongly think it is. They signed a contract with the government to reimburse the government for any means tested benefits that the visa recipant gets. They were required to show income for the total family unit of 125% to convince the government that they could collect from the sponsor if they needed to. NOTHING says the visa recipient is going to live at any certain income level. The OP claims to have their own business and "too many bills" which implies the need to downsize. Many people in the US over extend themselves and it actually causes many marriages to fall apart over the stress of the bills. Even if the OP sued the sponor the sponor could request that the OP liquidate their assets first and then they would make up the difference. No court of law is going to force someone to pay up for another adults bad spending habits. A good dovorce lawyer and a debt consuling service are probably the best thing for the OP.

OP? What is this the Andy Griffin show? Like I said bring it to court and tell the judge about it. The court will decide.

[belinda63 2,981]

It would have to be brought into FEDERAL court as this is a contract with the federal government and the chances of winning are slim to none. If he his a healthy adult male who is able to work and has assets this will count against him as to the level the SPONSOR would have to provide IF he won the case. The poverty level for one person is around $10,000 and if he owns his own business any assets and income would be deducted from that.

So this must be filed in FEDERAL court with the help of an attorney and with almost no chance of winning. Would it really be worth it?

[UnhappyVictimAmer 2]

This is NOT what they did even though many people wrongly think it is. They signed a contract with the government to reimburse the government for any means tested benefits that the visa recipant gets. They were required to show income for the total family unit of 125% to convince the government that they could collect from the sponsor if they needed to. NOTHING says the visa recipient is going to live at any certain income level. The OP claims to have their own business and "too many bills" which implies the need to downsize. Many people in the US over extend themselves and it actually causes many marriages to fall apart over the stress of the bills. Even if the OP sued the sponor the sponor could request that the OP liquidate their assets first and then they would make up the difference. No court of law is going to force someone to pay up for another adults bad spending habits. A good dovorce lawyer and a debt consuling service are probably the best thing for the OP.

This is bad misleading advice for you. Just read document the sponsor signed. Go to the local court house and file a motion to sue the sponsor. Like I said, it's fraud if they don't support you. The court is the government and any jury and judge that hears this will agree.

"the U.S. Government can consider yourincome and assets to be available for the support of the intending immigrant."

"If an intending immigrant becomes a permanent resident in the United States based on a Form I-864 that you have signed,then, until your obligations under the Form I-864 terminate, you must:

--

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 (100 percent if you are the petitioning sponsor and are on active duty in the U.S. Armed Forces and the person is your husband, wife, unmarried child under 21 years old.)"

[Harpa Timsah 13,258]

This is bad misleading advice for you.

Actually you are giving bad misleading advice. Sorry It's a contract between the Federal Government and the sponsors, not between the sponsors and the immigrant.

Edited July 9, 2011 by Harpa Timsah

[Boiler 43,434]

Fortunately the OP has had the good sense to move on.

[JimVaPhuong 4,863]

This is bad misleading advice for you. Just read document the sponsor signed. Go to the local court house and file a motion to sue the sponsor. Like I said, it's fraud if they don't support you. The court is the government and any jury and judge that hears this will agree.

"the U.S. Government can consider yourincome and assets to be available for the support of the intending immigrant."

"If an intending immigrant becomes a permanent resident in the United States based on a Form I-864 that you have signed,then, until your obligations under the Form I-864 terminate, you must:

--

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 (100 percent if you are the petitioning sponsor and are on active duty in the U.S. Armed Forces and the person is your husband, wife, unmarried child under 21 years old.)"

Only a few dozen cases have ever been filed by an immigrant against a sponsor seeking enforcement of the affidavit of support. The results have been varied - some have won and some have lost. The affidavit only says that the sponsored immigrant can sue, but winning a suit is dependent on the law and not on the affidavit. Some courts have held that a sponsored immigrant cannot sue the sponsor because, in spite of the terms of the contract, the sponsored immigrant is not a party to the contract - they didn't sign it - they are a beneficiary of the contract. Those courts determined that the US government would have to sue on behalf of the sponsored immigrant, and that has never happened.

In the cases where lawsuits of this type have been successful it has usually been in connection with a spousal support request, and the court was being asked to consider the affidavit in setting the amount of spousal support to be awarded. The courts have usually deducted any income the sponsored immigrant was receiving before determining the support amount. 125% of the poverty guidelines for one person is $13,612 per year. If the sponsored immigrant is already receiving this much income then the courts will not award them any additional support based on the affidavit.

I have never heard of a case where a sponsored immigrant has successfully sued a joint sponsor for support.

The bottom line is that lawsuits of this type are 'iffy' at best. The contract is between the US government and the sponsor, and in some states the immigrant has no authority to ask that the contract be enforced. This would be like me suing my neighbor's mortgage company because their foreclosing on his house is having a negative impact on my property value. The courts would laugh at me because my neighbor's mortgage company has no agreement with me, even though the agreement they have with my neighbor has an effect on me.

[bigdog 376]

Hi everyone.

Well, I have been in the states now for 18 months and because of stupid in-laws, they have persuaded her to file for a divorce.

What I would like to know is, how do I file for support from her parents as they were the ones that sponsored me. And, does it still hold even if I am divorced?

Thanks in advance.

They are the same in laws you married, they would owe government if you needed benefits not you. i think I would try and work it out with her if possible.

[UnhappyVictimAmer 2]

This is absurd. So basically I'm reading that some members on this board are trying to convince us that the I-864 affidavit is useless and that people can sign it, then throw the immigrant out on the street, commit fraud, and hide behind the U.S. government? So really now, even if it's reported to U.S. immigration, the local courts, and your politicians, then they will all turn their back on the immigrant? Show us some proof of this.

[cptrosco 0]

i agree, i do find it hard to believe that its the government that pay me, im not entitled to claim welfare and/or food stamps, even if i wasn't working. can someone show some proof of this please, where on the uscis website does it state that?

[Messybrownhair 251]

Why don't you do your own research because you will not get what you want to hear here. In my opinion you will end up paying more for lawyer fees than be successful at what you're trying to accomplish. You have legal status and you say you have a job, why not get another one? You can obviously afford to have internet, why not cut back on that? Just move on with your life. There are many better ways to make money. Im sorry about your divorce but if your in laws were really out to get you as you say they were then they could have pulled out the i864 so that you would not getyour GC, but they didn't. Its easy to blame others but you should really reevaluate this. Goodluck