Claiming from the sponsor.

[belinda63 2,981]

Here are a few links to feed on.

Regarding benefits such as food stamps, this is a state based program so you would need to Google for your state but essentially all the ones I looked at said the same, you must be an LPR for five years to claim means-tested benefits.

Link Link etc.

125% of the poverty guidelines for one person is $13,613.

Here is a link to a discussion of a case where the immigrant successfully gained support based on the I-864 but you need to look at all the issues which were considered by the court. These included the immigrant's ability to work and their actually looking for and being unable to find work, assets the immigrant has, and their annual income.

The affidavit of support is difficult to have enforced in Court regarding the immigrant receiving support from the sponsor, who in this case the primary sponsor is the spouse and the parents would only be involved if the primary sponsor could not meet the entire obligation (which it sounds to me like revenge here since he says the in-laws pushed for the divorce and it is them he wants to get money from). He must not only win the Court action but then the Court will determine if he is actually seeking work, what he owns, and any income he has. Subtract this from the $13,613 he would be entitled to and that means he won't even get enough to pay for his attorney to fight this case.

Edited July 10, 2011 by belinda63

[KayDeeCee 4,891]

You are not going to get support from your wife or in-laws via suing them based on the I-864. As I said earlier in this thread, you can seek spousal support (alimony) via the Family Courts when you go through the divorce proceedings. That is the only way I can see you getting any support, and that would only happen if your wife earns more than you do.

[UnhappyVictimAmer 2]

Here are a few links to feed on.

Regarding benefits such as food stamps, this is a state based program so you would need to Google for your state but essentially all the ones I looked at said the same, you must be an LPR for five years to claim means-tested benefits.

Link Link etc.

125% of the poverty guidelines for one person is $13,613.

Here is a link to a discussion of a case where the immigrant successfully gained support based on the I-864 but you need to look at all the issues which were considered by the court. These included the immigrant's ability to work and their actually looking for and being unable to find work, assets the immigrant has, and their annual income.

The affidavit of support is difficult to have enforced in Court regarding the immigrant receiving support from the sponsor, who in this case the primary sponsor is the spouse and the parents would only be involved if the primary sponsor could not meet the entire obligation (which it sounds to me like revenge here since he says the in-laws pushed for the divorce and it is them he wants to get money from). He must not only win the Court action but then the Court will determine if he is actually seeking work, what he owns, and any income he has. Subtract this from the $13,613 he would be entitled to and that means he won't even get enough to pay for his attorney to fight this case.

Of course, every court is going to check the basics first. I don't think a motion can even be filed without showing current financial status. You provided a good link with plenty to read about this subject, here's a quote from it;

" With respect to the contract defenses of mitigation and set-off, the court found that such issues were properly before the court. (10) While the court noted there is no body of federal common law specifically addressing these issues, there is a general duty to mitigate damages as a "basic tenet" of contract law. (11) Applying these principles, the court found that any "funds the [p]laintiff received after her separation should be subtracted from the amount the [d]efendant must provide to 'maintain' the [p]laintiff at 125 [percent] of the poverty level." (12) The court further found that the plaintiff had made "reasonable efforts" to obtain employment and be self-sufficient. (13)"