How i get rid of i864 as a US citizen primary sponsor

[Jaswin 2]

Hi Guys 

Thanks being there to help during issues. Myself a US citizen filed i130 for spouse and a strp child (21 + years ) .They got IR1/ IR2 visa and entered to US in march 2022. They got their green card in 60 days. They were nice until get their green cards. 

I realized that my spouse married me for green card. My marriage is irretrievable and i want divorce but she is threatening me to take me to the court since i signed i864. I am feeling helpless. Help me please...thanks  

Edited November 18, 2022 by Jaswin

[Jordanian Bride 268]

You can't. You had to know the risks.

Edited November 18, 2022 by Jordanian Bride

[Crazy Cat 39,801]

45 minutes ago, Jaswin said:

Hi Guys 

Thanks being there to help during issues. Myself a US citizen filed i130 for spouse and a strp child (21 + years ) .They got IR1/ IR2 visa and entered to US in march 2022. They got their green card in 60 days. They were nice until get their green cards. 

I realized that my spouse married me for green card. My marriage is irretrievable and i want divorce but she is threatening me to take me to the court since i signed i864. I am feeling helpless. Help me please...thanks  

Unless you have absolute proof of fraud, there is nothing you can do.  You provided a LOT of evidence to prove the marriage is bona fide.  All you can do is to protect yourself physically and financially (through a good divorce attorney), divorce, move on, and seek happiness.  You are stuck with the obligations of the I-864.  Divorce doesn't alter that obligation.   It is in your best interest that they both become US citizens as soon as possible. That is the fastest way to get out from under the I-864s.  

Edited November 18, 2022 by Crazy Cat

[Ontarkie 13,979]

~~Moved to Effects of Major Family Changes, from Bringing Family of USC - as similar threads are discussed here.~~

[Mike E 11,730]

50 minutes ago, Jaswin said:

Hi Guys 

Thanks being there to help during issues. Myself a US citizen filed i130 for spouse and a strp child (21 + years ) .They got IR1/ IR2 visa and entered to US in march 2022. They got their green card in 60 days. They were nice until get their green cards. 

I realized that my spouse married me for green card. My marriage is irretrievable and i want divorce but she is threatening me to take me to the court since i signed i864. I am feeling helpless. Help me please...thanks  

In general the other comments telling you that you are out of luck are correct. But I am going to give you faint hope.  
 

I used  to believe that I-864 was always enforceable in federal court regardless what the state divorce court ruled. However this year I came across https://www.supremecourt.ohio.gov/rod/docs/pdf/6/2012/2012-ohio-2088.pdf   
 

In this case, the divorced couple had a  settlement or judgement on alimony in state court. The immigrant spouse didn’t like it, so she sued her ex in federal court on the basis of I-864. The federal court dismissed the case stating that ruling on I-864 would be an “impermissible” infringement on state’s rights given there already was a state divorce court decision for alimony. That’s a useful precedent. 
 

The ex husband made the argument  in state court that because the combined social security quarters accrued by the couple during the marriage added to at least 40, the ex husband was off the I-864 hook.

 

 I’ve made this argument myself several times on VJ and I’ve

always been told that a divorce makes that provision not apply.   

 

Well the Ohio state court system agrees with me. 
 

This is called a precedent. 
 

Now you two haven’t been married for 5 years so you don’t have 40 combined quarters. But the higher level point is that once a state court has ruled on spousal support, the federal court is not likely to force  you to pay any I-864 support, assuming you cite federal precedent.  
 

So your playbook is to get a settlement or judgment  for alimony for less than 125 percent of poverty level for your ex. As you are married for a short duration, the alimony won’t be payable for long.  This will presumably preclude your ex from pursuing more alimony in federal court.  This assumes your ex

doesn’t bring up the I-864 issue in state  court or if she does, the judge rules against her. Big assumptions. But as I said: faint hope.  
 

You need a great divorce attorney who is capable of arguing that the divorce court in your state should follow the precedent of another state’s court. But if you live in Ohio then your hope got a bit brighter. 

Edited November 18, 2022 by Mike E

[Boiler 43,822]

Are they working? Alimony is pretty unusual 

[Timona 3,977]

What country?

[Mike E 11,730]

13 minutes ago, Timona said:

What country?

Based on 

I will guess India.  
 

Based on other posts about I-864, mom doesn’t seem likely to get a state divorce court to award much in alimony either; $29K in income. That’s lot of coin in India but here not so much.  

Edited November 19, 2022 by Mike E

[Family 3,568]

5 hours ago, Jaswin said:

Hi Guys 

Thanks being there to help during issues. Myself a US citizen filed i130 for spouse and a strp child (21 + years ) .They got IR1/ IR2 visa and entered to US in march 2022. They got their green card in 60 days. They were nice until get their green cards. 

I realized that my spouse married me for green card. My marriage is irretrievable and i want divorce but she is threatening me to take me to the court since i signed i864. I am feeling helpless. Help me please...thanks  

Edited 5 hours ago by Jaswin

Ouch, I feel your pain. How on earth did your wife even get so sophisticated to threaten I-864 lawsuit on short notice ? Is she highly educated or has a ready made “ support “ group in the US? 
 

If you are absolutely certain that your marriage is broken, then file divorce now , serve her and let the chips fall .

Lawyer up as @Mike E says, as best you can, just to make sure it gets done quickly. She can threaten all she wants, but she would need a pretty penny to hire her own attorney to sue for I-864. 
 

Are you saying she doesn’t want to divorce you….or refuses to leave the house? 

Your story was very touching , when you were rushing to rent a bigger place to welcome “ your family”…because your place was too small to accommodate them…

[Jaswin 2]

Hi Mike 

Thanks for responding. Yes, my spouse don't want to divorce me and want to take advantage of i864 unless she become citizen . please let me know ,does  my i864 obligation as a primary sponsor will come to end once my step child get marry. 

 

Thanks 

[Boiler 43,822]

Never heard of an I 864 case where the parties were not divorced

Edited November 19, 2022 by Boiler

[Jaswin 2]

Thanks Everyone for responding quickly..

Yes they both were working  and my step child saved 15k in 8 months and contributed none. She was not helping in dusting  or cleaning the home not even cleaning her dishes. I was cleaning her dishes. My spouse is still working . she starts at 5am to 10pm ( 112 hrs /weeks ) . i am not getting her time and feels lonely. She is working for her daughter to send money to india . she saved 20k which she transfer to india but she is contributing 50% of my rent and i take care of the rest including other expenses and grocery . inam Dropping and picking her up without any break since she started working .

Step child left week ago for India to get marry in jan ending 2023 and my spouse will join her in Dec ending . Do u think my i864 obligation will come to an end once my step child get marry for my stepchild at least. 

Should i wait for my spouse to become a US citizen before divorce or hire a lawyer ?? I have no idea ...planning to go back to Himalayas for few months and will wait until she become Citizen . what do u think? 

 

[Family 3,568]

4 minutes ago, Jaswin said:

u think my i864 obligation will come to an end once my step child get marry for my stepchild at least. 

Should i wait for my spouse to become a US citizen before divorce or hire a lawyer ?? I have no idea ...planning to go back to Himalayas for few months and will wait until she become Citizen . what do u think? 

The I-864 is only a reality IF they get an attorney file in federal court …so they would have to get smart and expensive lawyers…but it only helps those who don’t want to work and earn no income….it doesn’t seem to be your problem at all….these two only work.

 

The “obligation “ ends when they both become citizen, but again they’re probably not going to give up making money for their own family…and with step son getting married, the family is growing. He will not sue you and risk not being able to sponsor his new wife.

 

There is no room between 5 am to 10 pm work schedule..for any kind of home life, I agree. ..so maybe accept you picked the wrong partner…if you don’t feel like you belong in “ the family “.
 

You don’t have to stay married, divorce and move on.  Find peace wherever you can

[Mike E 11,730]

5 hours ago, Jaswin said:

  ,does  my i864 obligation as a primary sponsor will come to end once my step child get marry. 

No, sorry. 

[Crazy Cat 39,801]

7 hours ago, Jaswin said:

Do u think my i864 obligation will come to an end once my step child get marry for my stepchild at least. 

No, it will not.  As I said, it is in your best interest that they both become US citizens as soon as possible.  File for divorce and seek happiness for yourself.  

Edited November 19, 2022 by Crazy Cat