Am I still responsible I-864 - ex getting married

[geowrian 22,335]

51 minutes ago, andyd85 said:

Thank you that makes it much clearer. I was wondering, how do you claim the credits while married? Using the example you mentioned above, lets say due to combining we have 40 total and we are still married. How do I notify USCIS that the contract is terminated? Must I do something to ensure I have claimed the credits. OR is it that if i divorce afterwards and my spouse wants to sue me I just bring up this defense in court. I was also wondering how would the government know we have satisfied the 40 due to double stacking? Lets say the government wants to sue me for medicaid use, would I go to court again and present the double stacking defense? 

It's the latter - if they wanted to sue (or the government to enforce payback of funds) then they would need to show that the I-864 was still in effect. The defense to that is the conditions for termination were already met. Documentation would be key, although the burden falls on the one requesting enforcement.

There's no notifying of USCIS when an I-864 no longer applies...USCIS is out of the equation after it goes into effect.

Edit: To clarify, the double stacking is just how you meet the requirements. At that point, it's just like anybody else who met the requirements.

Edited October 1, 2019 by geowrian

[portorusa 431]

On 8/19/2019 at 7:34 AM, pushbrk said:

  If both work for 5 years, that's 40.   

 

Even if one of them worked part-time?

[pushbrk 12,134]

6 minutes ago, portorusa said:

Even if one of them worked part-time?

Yes.  The earnings impact the eventual benefit, not the number of quarters.

[andyd85 0]

4 hours ago, geowrian said:

It's the latter - if they wanted to sue (or the government to enforce payback of funds) then they would need to show that the I-864 was still in effect. The defense to that is the conditions for termination were already met. Documentation would be key, although the burden falls on the one requesting enforcement.

There's no notifying of USCIS when an I-864 no longer applies...USCIS is out of the equation after it goes into effect.

Edit: To clarify, the double stacking is just how you meet the requirements. At that point, it's just like anybody else who met the requirements.

Thank u for the clarification. I know that trump recently sent out a memo on collecting the payback of funds. What is your take on this? Should we all be very worried about the idea of LPR's taking public benefits.

Edited October 2, 2019 by andyd85

[Ontarkie 13,918]

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