How enforceable is the I-864

[HarryWL 262]

Hello, not sure if there's a specific section on the forum this question would be better assigned to, but how enforceable is the I-864 when it comes to a sponsoring spouse? I understand that the individual (my ex husband in this case) would be responsible for either 10 years or 40 quarters in relation to the financial burden with US government means tested benefits, but can this obligation be applied elsewhere?

 

My ex husband fraudulently took out a furniture credit card under my name whilst we were married (without my permission), which I'm currently in the process of disputing with the credit card company. All the charges he made were after our divorce was finalized (Oct 2020), but he set all the information, email, contact number etc under himself, so I wasn't really as informed as he already tanked my credit twice. I came to know the account existed, but I tried to be civil and have him pay it off before I closed it. I should have probably tried to resolve it sooner, but this was only the tip of the iceberg. Last month, he went kinda crazy and added more charges, despite me asking the company to freeze further spending. He "paid the accounts off", which the company confirmed a 0 balance and I closed them, only for the amount to bounce as insufficient funds. 

 

Long story short, I'm obviously disputing the accounts as fraud now, but in the case I don't win, and I have to sue him (which I would), would the I-864 be able to be used in court? Or does this only apply to means tested benefits from the government? 

 

Thank you. 

[Mike E 11,722]

He can use I-864 to sue you for support of his income is below the poverty threshold, which is about $1400 a month.  Your obligation ends when he is no longer an LPR or when he can be credited with 40 Social Security credits.  

[HarryWL 262]

8 hours ago, Mike E said:

He can use I-864 to sue you for support of his income is below the poverty threshold, which is about $1400 a month.  Your obligation ends when he is no longer an LPR or when he can be credited with 40 Social Security credits.  

 

Sorry I'm actually the beneficiary so it would be me sueing him. Does your income have to be under $1,400 for a certain amount of months before that would go into effect? 

[Boiler 43,386]

It would normally be taken into account in a Divorce settlement. Can you sue under the I 864 now? Best to consult a Lawyer.

[Mike E 11,722]

39 minutes ago, HarryWL said:

 

Sorry I'm actually the beneficiary so it would be me sueing him. Does your income have to be under $1,400 for a certain amount of months before that would go into effect? 

When your income falls below the poverty threshold you notify your sponsor(s) that you require them to perform per the I-864.  If they refuse or ignore then you hire an immigration attorney skilled in the practice of I-864 enforcement to force a collection. 

[arken 4,197]

Him using your card fraudulently and you trying to recuperate that amount is not related to i864. You have better chance of winning the case in a family/civil court without bringing up the i864. You bring i864 for this and it will just get dragged more or gets denied. 

[arken 4,197]

13 hours ago, HarryWL said:

My ex husband fraudulently took out a furniture credit card under my name whilst we were married (without my permission), which I'm currently in the process of disputing with the credit card company.

I can foresee a very difficult road to win this one either at the CC dispute or at the court too if the card was used while married.

[Family 3,460]

Hopefully you have also put a freeze on your credit, so it will not be accessible to anyone without YOUR permission. This link spells out actions you can take ( alongside your current fraud dispute), such as having the actual hard hits/ inquiries removed from your credit…https://www.lendingtree.com/credit-repair/what-to-do-if-your-credit-is-pulled-without-your-consent/
 

You can DIY in small claims court for the fraudulent charges , if the credit card companies give you a hard time…about releasing you from any liability and removal of negative history .( meaning you can sue either the credit card co or the ex) . 
 

If you are considering suing on the I-864 , and earn less than the poverty guidelines, then you can take your ex to court to enforce it…but  not a DIY road there. This site seems to offer free consultation for specific to I-864 lawsuits: https://www.soundimmigration.com/can-you-enforce-the-form-i-864-affidavit-of-support-in-a-divorce-case/?utm_source=rss&utm_medium=rss&utm_campaign=can-you-enforce-the-form-i-864-affidavit-of-support-in-a-divorce-case

 

[Ontarkie 13,898]

~~Sorry for temporary thread mix up. ~~

Edited June 4, 2022 by Ontarkie

[HarryWL 262]

On 6/3/2022 at 1:44 PM, arken said:

I can foresee a very difficult road to win this one either at the CC dispute or at the court too if the card was used while married.

 

The charges were made after our divorce was actually finalized, and he had the furniture shipped to his address. (The CCs in question were furniture CCs with Ashley Homestore). 

[HarryWL 262]

On 6/3/2022 at 5:47 PM, Family said:

Hopefully you have also put a freeze on your credit, so it will not be accessible to anyone without YOUR permission. This link spells out actions you can take ( alongside your current fraud dispute), such as having the actual hard hits/ inquiries removed from your credit…https://www.lendingtree.com/credit-repair/what-to-do-if-your-credit-is-pulled-without-your-consent/
 

You can DIY in small claims court for the fraudulent charges , if the credit card companies give you a hard time…about releasing you from any liability and removal of negative history .( meaning you can sue either the credit card co or the ex) . 
 

If you are considering suing on the I-864 , and earn less than the poverty guidelines, then you can take your ex to court to enforce it…but  not a DIY road there. This site seems to offer free consultation for specific to I-864 lawsuits: https://www.soundimmigration.com/can-you-enforce-the-form-i-864-affidavit-of-support-in-a-divorce-case/?utm_source=rss&utm_medium=rss&utm_campaign=can-you-enforce-the-form-i-864-affidavit-of-support-in-a-divorce-case

 

 

In total, between the two credit cards that he opened, I think there's about $4,000 on them. I was able to access the online account (Ashley Furniture), and can see that 3/5 of the purchases were made after our divorce was finalized. (Although the account was opened (fraudulently)  whilst we were married, the divorce was finalized in October 2020, and he made purchases in 2021 and as recent as April 2022).  I was trying to get him to pay them off so I can close the accounts (he was making monthly payments), but he decided to go spiteful and vindictive because I removed him as my spouse from my employers benefits. (I work for a major theme park). I also requested that Synchrony (Ashley) put a freeze on any further spending in March 2022, which they clearly didn't do because he was able to make a purchase for $2,400 in April (which at this point, his fraudulent intentions of not paying it off were pretty clear). 

 

I'm hoping the CC company resolves it themselves, and writes it off / removes it from my credit. When we were married, my ex had a car repossessed (purely because he didn't want to pay it, it was having A/C issues) and he pretty much forced me to finance a car under my name because his credit got shot. The car was in his ownership for over 2 and a half years, and because he decided to not make a payment, I told him to return the car. I sold the car to Carvana at a 3.9k loss, because the car had a 25% APR (I wasn't making the payments, so I didn't protest it as much, despite me asking him to refinance in under his name during and after our divorce). I've gathered evidence of me paying off the balance, selling the car, and the letter addressing him that threatened legal action for the repossessed car. 

 

So right now I'm thinking of waiting to see the outcome of the CCs dispute, to see if I need to sue him for both or just the car difference. I was more interested in the I-864 encase it offered some type of leverage, but it really doesn't in the current situation. We also has a simplified divorce because I knew how spiteful and vindictive he would be, and I basically let him keep everything. 

 

I'm now finding out about all the shady stuff he did during our marriage, and after I moved out. (I'm getting an affidavit from an old leasing manger attesting to the fact my ex committed insurance fraud after our divorce, on multiple occasions). Honestly at this point I just want him completely out of my life, and to get the car difference / credit cards resolved. 

 

Thoughts?

Thank you for taking the time to read my little rant. 

 

 

 

 

Edited June 5, 2022 by HarryWL

[Family 3,460]

14 minutes ago, HarryWL said:

Honestly at this point I just want him completely out of my life, and to get the car difference / credit cards resolved. 

 

1. If the  furniture account was opened in your name only , and he made charges impersonating you ( identify theft), then it may “ appear “ as a slam dunk win BUT for the problem that you knew and “ allowed”  him to make purchases in 2021 , so in spite of the “freeze” on purchases you requested, they may give you a hard time. Good plan to wait a bit and see if they write it off and clear your credit.
But no matter what, your ex bounced a check so his liability is established..for small claims.

 

2. The Carvana $4 K loss , you won’t win  in small claims court…but could have at divorce ( too late). You were on the contract and you made a deal and sold the car….the emotional back  story or his prior bad car/ credit decision have no bearing on the fact that you came up short ..and upside down on the deal. 
I doubt your ex would agree to pay you now, or that he feels empathy for you or guilty in any way..he probably resents that he was left without a car and thinks the problem wouldn’t exist if you did not take the car and make a bad deal. 
 

3. Let go of collecting landlord / proof of  possible past insurance scams/ transgressions …YOU,  at one point, loved this man and for better or worse, he was YOUR choice. Let it go , so you can free yourself from looking back with regret. 
 

4. Figure out your emotional balance sheet and how much you would pay for peace of mind and freedom…and go watch Depp v. Heard trial ( either court or Tik Tok ) and consider yourself lucky ! 
 

 

[Ontarkie 13,898]

I'm really surprised the police have not been involved. I would have pressed charges, or at minimum a police report to fight Ashley's. You called to freeze a card and they still allowed changes to go through, that is on them and no way would I let that slide.