I-864 requirements when ex-spouse is earning more than sponsor

[Kaleb8082 7]

My wife and I are most likely looking at a divorce. It will probably be through mediation rather than court, so a judge won't likely be involved except to approve the decree. However, my wife came over on a K-1 visa and I am the i-864 sponsor listed on the petition. I understand that i-864 requires I support her to 125% of federal poverty levels. But I was hoping to get clarification. 

Does the i-864 require I support her to 125% poverty level no matter if she is using government assistance or not? 
Does the i-864 require that I support her financially if she is earning well above the poverty limit and even earning more than myself?

I would appreciate any clarification on what exactly the i-864 is requiring from me if/when my wife and I are officially divorced. 

[Mike E 11,723]

3 minutes ago, Kaleb8082 said:

Does the i-864 require I support her to 125% poverty level no matter if she is using government assistance or not?

 

If she gets her 125 percent through her own income, SS retirement, and/or unemployment insurance, no support is due from you. If she falls below 125 percent, you make up the difference.

 

If she gets public charge, the government can require reimbursement from you.

 

 

[Kaleb8082 7]

22 minutes ago, Mike E said:

 

If she gets her 125 percent through her own income, SS retirement, and/or unemployment insurance, no support is due from you. If she falls below 125 percent, you make up the difference.

 

If she gets public charge, the government can require reimbursement from you.

 

 

Ah, this helps clear it up. Thank you, Mike! 

[Pinkrlion 2,607]

21 hours ago, Kaleb8082 said:

Ah, this helps clear it up. Thank you, Mike! 

I -864 has nothing to do with divorce. That is your agreement with the federal government that she is not use public aid and if so you are responsible to pay back the federal govt. 

 

in divorce, spouse can ask for child support and spousal support. The judge will look at income of both with expenses and determine that. 
 

[Mike E 11,723]

29 minutes ago, Pinkrlion said:

I -864 has nothing to do with divorce

I used to believe that.

 

And now I do not:

 

https://www.supremecourt.ohio.gov/rod/docs/pdf/6/2012/2012-ohio-2088.pdf

[Family 3,483]

Not only payback to government, but pay it forward to the Ex..

 

https://phillipsmurrah.com/2020/05/affidavit-of-support-implications-in-divorce-in-marriage-based-immigration/

In addition to the privity between the United States and the sponsor, the signor of an Affidavit of Support also obliges themself to the beneficiary and pledges to maintain the spouse at 125% above the federal poverty line. The current federal poverty line for a single household is $12,490, (12) and 125% of that amount results in a promise to maintain the beneficiary at an annual income of $15,612.50.

[Family 3,483]

23 hours ago, Kaleb8082 said:

probably be through mediation rather than court

Certainly DO NOT raise the I-864 liability yourself at mediation and push back with a “ Go litigate ( Sue Me) “  response if it’s brought up. 
 

 

[RandyW 149]

The I-864 is regarding your ABILITY to support ONE household (including the immigrant) at 125% of the poverty level.

As long as you have maintained that level of income, you are continuing to satisfy the I-864.

 

Anything BEYOND that ( such as supporting a SECOND household which the immigrant may now be residing in) is outside the scope of the I-864.

DO NOT assume that the I-864 requires ANY payment from you. It does not. Discuss the matter with a competent attorney. Yes, you can be sued. That is all the I-864 says.

[RandyW 149]

20 hours ago, Mike E said:

I used to believe that.

 

And now I do not:

 

https://www.supremecourt.ohio.gov/rod/docs/pdf/6/2012/2012-ohio-2088.pdf

This judgement was awarded as "spousal support". The I-864 was simply used as a guidleine to determine the amount of spousal support. The I-864 itself does not award ANYTHING to the immigrant.

 

When faced with these issues, get yourself a VERY competent attorney.

[Mike E 11,723]

4 minutes ago, RandyW said:

This judgement was awarded as "spousal support". The I-864 was simply used as a guidleine to determine the amount of spousal support.

The plaintiff (the beneficiary) went to federal court to seek relief under the I-864 contract. The federal court refused to intervene because the final ruling ob state court divorce case was that the petitioner was excused from the I-864 obligation. 

 

 

1481 Before the trial court concluded its proceedings following the remand, appellee filed an action in the United States district court against the United States of

America and appellant. The United States district court dismissed the matter, finding that appellee's case amounted to an impermissible attempt to appeal this court's judgment

 

4 minutes ago, RandyW said:

 

The I-864 itself does not award ANYTHING to the immigrant.

It does. See:

 

https://media.ca11.uscourts.gov/opinions/pub/files/201914668.pdf
 

In this case, joint sponsors refused to provide support to the beneficiary (because he was a child rapist). Courts said: pay up butter cup.

[RandyW 149]

21 hours ago, Mike E said:

I used to believe that.

 

And now I do not:

 

https://www.supremecourt.ohio.gov/rod/docs/pdf/6/2012/2012-ohio-2088.pdf

This paper says about its conclusion - 

Quote

To me, the meaning of these provisions is clear. Congress intended that, as
a condition of immigration on sponsorship, the sponsor guarantees that the alien be
financially supported at a minimal degree so as not to become a drain on the public weal
for 40 quarters, ten years.

It's not clear that "the intent of Congress" can be read into the I-864 like that. I see it as only a financial Affidavit of the ability to support an intending immigrant at the time of immigration.

 

But, yes - it DOES say that the immigrant and the United States government can sue.

[RandyW 149]

11 minutes ago, Mike E said:

The plaintiff (the beneficiary) went to federal court to seek relief under the I-864 contract. The federal court refused to intervene because the final ruling ob state court divorce case was that the petitioner was excused from the I-864 obligation. 

 

 

1481 Before the trial court concluded its proceedings following the remand, appellee filed an action in the United States district court against the United States of

America and appellant. The United States district court dismissed the matter, finding that appellee's case amounted to an impermissible attempt to appeal this court's judgment

 

It does. See:

 

https://media.ca11.uscourts.gov/opinions/pub/files/201914668.pdf
 

In this case, joint sponsors refused to provide support to the beneficiary (because he was a child rapist). Courts said: pay up butter cup.

I don't at all believe that this is settled law - again, my advice is to get a VERY competent attorney who is willing to argue these issues. Repeating my last comment here - "I see it as only a financial Affidavit of the ability to support an intending immigrant at the time of immigration." AND the I-864 regards only the ability of the sponsor to maintain ONE household.

But, yes - judgments are awarded and enforced through the court system. NO ONE should assume that they are required to pay anything, unless it is awarded to the immigrant in court. The earning capacity of the immigrant can and should be taken into consideration.

Edited June 5, 2023 by RandyW

[Kaleb8082 7]

21 hours ago, Family said:

Not only payback to government, but pay it forward to the Ex..

 

https://phillipsmurrah.com/2020/05/affidavit-of-support-implications-in-divorce-in-marriage-based-immigration/

In addition to the privity between the United States and the sponsor, the signor of an Affidavit of Support also obliges themself to the beneficiary and pledges to maintain the spouse at 125% above the federal poverty line. The current federal poverty line for a single household is $12,490, (12) and 125% of that amount results in a promise to maintain the beneficiary at an annual income of $15,612.50.

Is this saying that I need to support my beneficiary no matter their income, or is it like Mike said, and I only need to provide financial support if they are below the level on their own?

[Kaleb8082 7]

20 hours ago, Family said:

Certainly DO NOT raise the I-864 liability yourself at mediation and push back with a “ Go litigate ( Sue Me) “  response if it’s brought up. 
 

 

Certainly sound advice. 

3 minutes ago, RandyW said:

I don't at all believe that this is settled law - again, my advice is to get a VERY competent attorney who is willing to argue these issues. Repeating my last comment here - "I see it as only a financial Affidavit of the ability to support an intending immigrant at the time of immigration." AND the I-864 regards only the ability of the sponsor to maintain ONE household.

But, yes - judgments are awarded and enforced through the court system. NO ONE should assume that they are required to pay anything, unless it is awarded to the immigrant in court.

Yes, as Family said, I certainly don't intend on bringing up the issue myself and hopefully my lawyer can put up a tedious defense if it is. 

[RandyW 149]

11 minutes ago, Kaleb8082 said:

Is this saying that I need to support my beneficiary no matter their income, or is it like Mike said, and I only need to provide financial support if they are below the level on their own?

The law states that an immigrant who HAS a job in the US above the required income level does not need to have an I-864 filed on their behalf. Talk to your lawyer about what this means about the "intent of Congress".