MarrIage and Visa Fraud

[Eric-Pris 1,602]

What ridiculously non-sensical about the possibility of being sued for support at 125% of poverty level is that when the USC submits the form, they must prove that they earn at least 125% of the value for 2 people (husband and wife example) which is about $19,000. After taxes and deductions for 401k/medical/etc which is lets say $13,000 net.

Now, if you are sued and have to support a deadbeat immigrant ex, the required support would be 125% of poverty level, which would be about $13,600/year.

Guess what, the USC will be a little short, and how are they supposed to survive if they give every single dollar they make to their ex?

Once again, I would not waste any energy worrying over this if I was in OP's shoes.

Edited May 12, 2016 by Eric-Pris

[Boiler 43,788]

There's plenty more to say on the issue. Here is a good article

http://www.ilw.com/articles/2006,0110-wheeler.shtm

The court took into account the amount of money the alien spouse had already received during that period from the citizen spouse and from wages she had earned.

There is a lot more of interest in all these case but you would end up writing a book on the subject.

[B&Z 201]

What ridiculously non-sensical about the possibility of being sued for support at 125% of poverty level is that when the USC submits the form, they must prove that they earn at least 125% of the value for 2 people (husband and wife example) which is about $19,000. After taxes and deductions for 401k/medical/etc which is lets say $13,000 net.

Now, if you are sued and have to support a deadbeat immigrant ex, the required support would be 125% of poverty level, which would be about $13,600/year.

Guess what, the USC will be a little short, and how are they supposed to survive if they give every single dollar they make to their ex?

Once again, I would not waste any energy worrying over this if I was in OP's shoes.

From what I read, the judgement amount is calculated in accordance with the actual income of the defendant, but I don't get that part either....plunge both parties into poverty for the sake of supporting one of them...greedy government just doesn't want to have to pay.

[Caryh 5,206]

What ridiculously non-sensical about the possibility of being sued for support at 125% of poverty level is that when the USC submits the form, they must prove that they earn at least 125% of the value for 2 people (husband and wife example) which is about $19,000. After taxes and deductions for 401k/medical/etc which is lets say $13,000 net.

Now, if you are sued and have to support a deadbeat immigrant ex, the required support would be 125% of poverty level, which would be about $13,600/year.

Guess what, the USC will be a little short, and how are they supposed to survive if they give every single dollar they make to their ex?

Once again, I would not waste any energy worrying over this if I was in OP's shoes.

Lets say someone makes 35K per year, and gets ordered to pay that amount, although I think your numbers are off. There has been a number of cases you can look up. Has all the usual stuff you find in divorce cases though. Immigrant ex quitting job to try and drive the payoff up, claims on not being employable because they don't speak English well enough, etc..

A positive note is some federal jurisdictions have refused to hear these cases. In other locations, bad news, county courts are using the I-864 to determine spousal support amounts where normally there would be none because of the short time period of the marriage.

[Boiler 43,788]

Quitting your job to maximise your payment?

I would be very interested to see that case.

[Caryh 5,206]

Quitting your job to maximise your payment?

I would be very interested to see that case.

I believe it was the Florida case with the Russian K-1 bride that the defense claimed she quit her job to increase her pay out. Could have been a different one though, I read a number of cases that had been brought a few years ago.

Edited May 12, 2016 by Caryh

[Boiler 43,788]

To complicate matters I have seen it said the a K1 technically does not require an I 864.

Did she succeed, you can claim anything and everything?

[Caryh 5,206]

To complicate matters I have seen it said the a K1 technically does not require an I 864.

Did she succeed, you can claim anything and everything?

She succeeded and the defense motion she quit working was thrown out. The plaintiff counter motion about her inability with the language making her unable to do the job apparently held sway with the judge. Although it was mentioned plaintiffs should attempt to find work to mitigate damages was brought up. Although given the time frame from the split and the award, if this person wasn't working under the table, I'd eat my hat. But without evidence, there wasn't much the defense could do.

I had dug up and read all the motions and pleadings in the cases I was aware of at the time.

The I-864 isn't required until they apply to adjust status. Even failing to adjust status, one federal court ruled the I-864 still held sway. Which is totally counter to what USCIS says. There's really been a lot more of these cases than people realize.

Edited May 12, 2016 by Caryh

[newacct 688]

What ridiculously non-sensical about the possibility of being sued for support at 125% of poverty level is that when the USC submits the form, they must prove that they earn at least 125% of the value for 2 people (husband and wife example) which is about $19,000. After taxes and deductions for 401k/medical/etc which is lets say $13,000 net.

Now, if you are sued and have to support a deadbeat immigrant ex, the required support would be 125% of poverty level, which would be about $13,600/year.

Guess what, the USC will be a little short, and how are they supposed to survive if they give every single dollar they make to their ex?

Once again, I would not waste any energy worrying over this if I was in OP's shoes.

They say, you can't get blood from a rock, meaning, even if they sue you and win, they can't take money from you that you don't have.

You can't get in trouble in America for not paying a judgment if you honestly can't afford it.

All they can do with a judgment is try to seize your bank savings (if you have any) or try to garnish your wages. They may not be able to garnish your wages (or be severely limited in doing so) if you need your wages for basic living expenses.

[Auds 223]

Sigh! Not like I don't know of the serious ugly in the world. This post however wakes me up to why they really try to make sure of a bonafide marriage that because cancelling the GC is not easy. Although I am not the USC - I do wish it wasn't so tough to cancel so it would make it easier for us in love couples to be together.

How very sad - I now understand why the longest B1/B2 interview that I ever heard of (mine!) was turned down when they found out that I had travelled on previous B1/B2 after divorce with my ex (and kids). I now know what they could have been thinking Sigh - if only they knew that I travelled with abusive ex as he had a holiday planned with the kids and given he can be unstable, I wanted to be sure they are safe. I should have told them - silly me had got so exhausted after an hour long interview and my ADD did not help. I just replied "yes, you know we have kids together" when they asked if I had a good relationship with my ex. I hope that doesn't get held against me for my GC petition.

I do have medical reports, psychiatric reports, newspaper article even on abusive ex. Me not giving details on abusive relationship was partly exhaustion and other part taking it as personal family matter.

I am guessing they will understand as it wasn't like they probed - as soon as I said "yes - good relationship with ex" they turned down my new B1/B2 application.

[mdnl 8]

I read one member here on VJ wrote, when his wife arrived in USA, she did not live with him (who sponsored her) but she lived with her ex husband. Since they have been married long enough, she got 10 year green card automatically without ever having to live with her American husband.

Edited May 13, 2016 by US-Iran

[neoblast 138]

I think you should have filed for an annulment based on fraud, this way every benefits he had got based on the marriage would been voided and he would have had to go back. Divorcing him does not change his status in any ways and he will most likely get a good lawyer and adjust with some hoops, but he will be okay.

[DarkKiss 45]

I have a question for anyone knowledgeable in the area of VA Disability based on service connected disability and disability retirement income from government employment also based on my service-connected disability. Reason for question is, these also are some of my source of income. Correct me if I'm wrong but isn't it true that although these two sources of income can be used to support the requirements of the Affidavit of Support, the VA Disability can not be touched for garnishment or court cases. I know that the IRS can not touch you VA Disability because it is technically not considered income for tax purposes and I do not file it as income on my taxes. Just thinking maybe I can dodge a bullet that way if Immigrant decides to enforce the 1-864 in any court?

[neoblast 138]

I have a question for anyone knowledgeable in the area of VA Disability based on service connected disability and disability retirement income from government employment also based on my service-connected disability. Reason for question is, these also are some of my source of income. Correct me if I'm wrong but isn't it true that although these two sources of income can be used to support the requirements of the Affidavit of Support, the VA Disability can not be touched for garnishment or court cases. I know that the IRS can not touch you VA Disability because it is technically not considered income for tax purposes and I do not file it as income on my taxes. Just thinking maybe I can dodge a bullet that way if Immigrant decides to enforce the 1-864 in any court?

What federal benefits are ordinarily exempt from garnishment?

The Federal Trade Commission (FTC), the nation’s consumer protection agency, has suggestions on how to protect your federal benefits from garnishment. The federal benefits that are exempt from garnishment include:

• Social Security Benefits
• Supplemental Security Income (SSI) Benefits
• Veterans’ Benefits
• Civil Service and Federal Retirement and Disability Benefits
• Military Annuities and Survivors’ Benefits
• Student Assistance
• Railroad Retirement Benefits
• Merchant Seamen Wages
• Longshoremen’s and Harbor Workers’ Death and Disability Benefits
• Foreign Service Retirement and Disability Benefits
• Compensation for Injury, Death, or Detention of Employees of U.S. Contractors Outside the U.S.
• Federal Emergency Management Agency Federal Disaster Assistance.

However, there are some situations where these funds are not protected and may be garnished. For example, some of these federal benefits may be used to pay delinquent federal taxes or student loans. Others, such as Social Security benefits, may be deducted before you receive them to pay child support or alimony.

The law varies from state to state as to what types of state benefits are subject to and exempt from garnishment. For more information, you should contact an attorney who practices in your state, your state or local consumer protection agency, or a legal aid office in your area.

How does my bank account get garnished?

If a creditor or a collector obtains a judgment against you, it can ask a state court to issue an order garnishing your bank account. The creditor or collector will send this garnishment order to your bank and it usually requires the bank to hold the money until the court has made a final decision as to whether the money must be paid to the creditor. In some states, you have the right to receive a notice informing you that a judge has issued a garnishment order for the money in your bank account and telling you what to do if you think that some or all of the money in your account is exempt from garnishment. However, sometimes you will not receive a notice before the judge issues its order and the bank freezes your account.

[DarkKiss 45]

What federal benefits are ordinarily exempt from garnishment?

The Federal Trade Commission (FTC), the nations consumer protection agency, has suggestions on how to protect your federal benefits from garnishment. The federal benefits that are exempt from garnishment include:

• Social Security Benefits
• Supplemental Security Income (SSI) Benefits
• Veterans Benefits
• Civil Service and Federal Retirement and Disability Benefits
• Military Annuities and Survivors Benefits
• Student Assistance
• Railroad Retirement Benefits
• Merchant Seamen Wages
• Longshoremens and Harbor Workers Death and Disability Benefits
• Foreign Service Retirement and Disability Benefits
• Compensation for Injury, Death, or Detention of Employees of U.S. Contractors Outside the U.S.
• Federal Emergency Management Agency Federal Disaster Assistance.

However, there are some situations where these funds are not protected and may be garnished. For example, some of these federal benefits may be used to pay delinquent federal taxes or student loans. Others, such as Social Security benefits, may be deducted before you receive them to pay child support or alimony.

The law varies from state to state as to what types of state benefits are subject to and exempt from garnishment. For more information, you should contact an attorney who practices in your state, your state or local consumer protection agency, or a legal aid office in your area.

How does my bank account get garnished?

If a creditor or a collector obtains a judgment against you, it can ask a state court to issue an order garnishing your bank account. The creditor or collector will send this garnishment order to your bank and it usually requires the bank to hold the money until the court has made a final decision as to whether the money must be paid to the creditor. In some states, you have the right to receive a notice informing you that a judge has issued a garnishment order for the money in your bank account and telling you what to do if you think that some or all of the money in your account is exempt from garnishment. However, sometimes you will not receive a notice before the judge issues its order and the bank freezes your account.

Thank you for the info. It's just that the convos between caryh , boiler, and Eric-pris has me wondering that if it comes down to a court case to enforce the I-864, could the court legally touch my VA Disability Compensation and use that. I tried researching and couldn't find any information where it has happened. If anyone knows of a case, please chime in. Maybe I'm overthinking this thing, but I need to be prepared for my ex's next move, if any. It's easy to just think......Oh I'm Good"....... It'll Never go that Far", but I'm at least trying to be ahead of the curve or anticipating the next move, and being prepared for it. This is the last thing, I want to know, and then I'll leave this dead horse alone. Thanks in advance.