Going through a Divorce

[p-ana 933]

If the parents are already in the US there’s no going back... only if they give up residency, work the 40 (?) quarters or become US citizens

[Illiria 980]

As per your other post they are already here so no there is no way to go back on the affifavit of support. Whilst they would also go after your wife as she has no listed income you would be the next in line. 

 

https://www.visajourney.com/forums/topic/687743-divorce/

 

 

[Unlockable 7,306]

50 minutes ago, Happy420 said:

My wife wants to divorce me.  She petitioned her mother and father to come to America. She is the sponsor also but i'm the co-sponsor as she didn't report enough income.  I signed the affidavit of support for her parents.  If we finalize the divorce, will a divorce decree help my situation or am I still on the hook to be responsible for her parents?  Has anyone gone through this situation?

 

If my wife is the sponsor, she would be responsible for her parents also?  I'm worried because her parents are older.  They may need health care in the future and if they can't pay the bill, they will go after me?  Will they go after my ex-wife also? 

 

Thank you,

To answer your question, yes they can come after you. That is the whole point of a cosponsor. If a sponsor don't have the resources to reimburse the government, then they go after the cosponsor. 

 

If you look at the I-864 that you signed, on page 7 there is a note stating that divorce does not terminate your obligation of the affidavit.

https://www.uscis.gov/sites/default/files/files/form/i-864.pdf

[geowrian 22,335]

On 11/1/2018 at 10:47 PM, Happy420 said:

Is there anything I can do to get out of my obligation for her parents since I’m the co-sponsor? Can I sue and tell USCIS that my wife is a fraud? Or is there no case here?

No you can't (successfully) sue the parents, and anything regarding marriage fraud would be a family court matter. Given a 6+ year marriage, the chance of success is darn close to 0.

 

As noted, if you have verifiable evidence (not hearsay or suspicions) that she committed fraud, you can report that to USCIS. They may or may not pursue anything.

However, given that she is a USC, they would need to go through denationalization...which is something they only tend to pursue in very, very strong cases as it is a long and difficult process to revoke citizenship. The I-864 would remain in effect in the meantime, too.

The best thing you can do is wish them the best and hope they never have a need to enforce the I-864.

[Happy420 0]

Thank you for the response everyone.  I'm just curious if anyone has gone through this before?  

 

I feel helpless because I'll be responsible for strangers.  Would a divorce decree help me out in this case?  Or should I just let it go and wish them luck?

 

THank you,

[Khallaf 646]

3 minutes ago, Happy420 said:

Thank you for the response everyone.  I'm just curious if anyone has gone through this before?  

 

I feel helpless because I'll be responsible for strangers.  Would a divorce decree help me out in this case?  Or should I just let it go and wish them luck?

 

THank you,

the big question is if they already have their Green cards and are in USA?

 

if so sorry but even a divorce decree will not help out you will be on the hook untill 1. they have citizenship 2. are no longer LPR 3. have worked the required hours 

 

 

If they are not here yet send out a letter to withdraw the support ASAP

Edited November 7, 2018 by Khallaf

[geowrian 22,335]

No. A divorce decree will have no impact at all.

If they are strangers you don't want to have to support, you shouldn't have signed a contract agreeing to support them.

 

1 minute ago, Khallaf said:

the big question is if they already have their Green cards and are in USA?

They are in the US according to the OP's previous thread.

[Happy420 0]

12 minutes ago, Khallaf said:

the big question is if they already have their Green cards and are in USA?

 

if so sorry but even a divorce decree will not help out you will be on the hook untill 1. they have citizenship 2. are no longer LPR 3. have worked the required hours 

 

 

If they are not here yet send out a letter to withdraw the support ASAP

Once the parents come to U.S. soil they were granted Green Cards a few months later.  However, her mother came here in June. USCIS sent the green card and it was never received it was lost/stolen.  She applied for a replacement greencard.

 

The father arrived here last month and already received his green card a few weeks later.

 

 

Edited November 7, 2018 by Happy420

[Happy420 0]

6 minutes ago, geowrian said:

No. A divorce decree will have no impact at all.

If they are strangers you don't want to have to support, you shouldn't have signed a contract agreeing to support them.

 

They are in the US according to the OP's previous thread.

I meant to say that after the divorce, my in-laws will be strangers to me.  Lets say a few years down the line.  They have a medical procedure and cannot afford the bill.  They don't pay the bill.  The credit agency will be coming after me for payment.  After all, they are strangers to me, why would I pay?

 

Thank you.

[Happy420 0]

I saw a divorce lawyer the other day.  She wasn't helpful as she has no knowledge on this immigration issue.  I trust this forum more than that lawyer.  The only thing that I would need from the lawyer is maybe the divorce decree but that wouldn't protect me?  

 

My court date is February 14, 2019 (ironic), my wife already says that she is not seeking any alimony or financial support.  Should I agree with this divorce and walk away?  Or should I hire a lawyer and make my wife sign the divorce decree?   Does it make a difference? 

[Unlockable 7,306]

44 minutes ago, Happy420 said:

Thank you for the response everyone.  I'm just curious if anyone has gone through this before?  

 

I feel helpless because I'll be responsible for strangers.  Would a divorce decree help me out in this case?  Or should I just let it go and wish them luck?

 

THank you,

 

32 minutes ago, Happy420 said:

Once there parents come to U.S. soil they were granted Green Cards a few months later.  However, her mother came here in June. USCIS sent the green card and it was never received it was lost/stolen.  She applied for a replacement greencard.

 

The father arrived her last month and already received his green card a few weeks later.

 

 

Yes, many have gone through this before. In fact, this section of the forum "Effects of Major Family Changes" is full of stories of people going through similar situations as yours. We know that you feel helpless and that you were used as a means to an end. We know because we have read this story many times before. In fact, I remember a case where a guy had a wife that wanted to bring over her parents after she became a citizen yet he hesitated, because it was a huge responsibility and something they never discussed before. She needed him to be the cosponsor but he refused. They argued and argued and she made promises that things would not be the way he feared. He caved and signed the affidavit and sure enough, as soon as the parents moved in, the wife became distant. Even to the point where she moved out of his bedroom and into the room her parents were staying in. 

 

It really sucks that this happens but it does. This is why the affidavit of support makes sure the US government is not on the hook. Because many US citizens get duped and the government is left to take care of the immigrants.

 

The best path forward is to cover yourself in regards to the divorce. Not much more you can do immigration-wise. Your wife may use the affidavit in the divorce to seek alimony or support if it is even capable in the state you are in. 

 

Quote

I meant to say that after the divorce, my in-laws will be strangers to me.  Lets say a few years down the line.  They have a medical procedure and cannot afford the bill.  They don't pay the bill.  The credit agency will be coming after me for payment.  After all, they are strangers to me, why would I pay?

Because you signed the affidavit. That is why. I posted a link to the official legal document that you subsequently signed. It is legally enforceable and it clearly states the scenarios that terminate your obligation.

 

You are looking for a way out after the fact. You have to face the fact that, yes, you would still be on the hook for these people you haven't been around in years.

Edited November 7, 2018 by NuestraUnion

[geowrian 22,335]

25 minutes ago, Happy420 said:

I meant to say that after the divorce, my in-laws will be strangers to me.  Lets say a few years down the line.  They have a medical procedure and cannot afford the bill.  They don't pay the bill.  The credit agency will be coming after me for payment.  After all, they are strangers to me, why would I pay?

The credit agency can't come after you as it's not your bill. That's a private debt matter.

 

But if they don't have at least 125% of the FPL in income, they could sue you for enforcement for the I-864 to get them to the 125% level.

If they use certain means-tested public benefits, the government could send you a bill to recuperate the funds used.

They may be strangers to you, but a contract is still a contract, so it can be enforced as such.

[carmel34 3,528]

This sucks, but life happens.  Stuff hits the fan and we have no control but how we react.  You signed a contract, and there's nothing you can do about that.  Just hope and pray that their health is OK for the next few years, and that they become US citizens as soon as they are eligible, before they get older and seriously ill.  If they need medical attention before your obligations of financial support end, and if they go after you for money, or the US government goes after you for reimbursement of health care benefits, set up a GoFundMe page and put up your story, explain how you were taken advantage of, and see what happens.  If it's well-written, non-judgmental, and focuses on helping people get through a serious illness, with some heart-strings tugging photos, you might hit the jackpot...  Be creative and turn lemons into lemonade...

[ThomasNC1988 762]

Has anyone seen a case where the 864 came back to bite someone?

[geowrian 22,335]

45 minutes ago, ThomasNC1988 said:

Has anyone seen a case where the 864 came back to bite someone?

It's rare for the government to pursue the repayment of public benefits, but we have seen it a few times on VJ.

 

As for suing the sponsor to get to the 125% income level, we also see that rarely here.