acrossoceans

15 minutes ago, Orangesapples said:

You're still entitled to half of his earnings. He can't hide a marital asset from the court legally. 

He's living pretty cush since moving to the US... Doing bare minimum for his kids, taking on no additional responsibilites. While I do it 24/7

14 minutes ago, Orangesapples said:

You're still entitled to half of his earnings. He can't hide a marital asset from the court legally. 

I'm just threw trying to reason with him cuz he just sees me as controlling. So guess I'll let the courts tell him. 

20 minutes ago, Orangesapples said:

Could he be involved in something illegal? 

I don't think so. He was an online entrepreneur when we met so I'm assuming it's something like that. But he won't disclose any info and I'm sure he was doing it while living together and I couldn't file it on my taxes..... 

11 minutes ago, Ray.Bonaquist said:

From the little you’ve written it’s not like he’s some wealthy man. I may be stereotyping however I typically wouldn’t consider a guy who does Doordash wealthy.

 

Balance how much extra benefit you’re going to get against going for an expensive lawyer. I’d rather say go for an affordable lawyer or try to get him to see reason that delinquency on child support can significantly damage him and work out a mutually satisfactory child support plan between yourselves and include in your self filed divorce petition.

He's doing some other kind of work that I have no clue on. No way is he making extra 6k in 3 months with door dash. I'm doing court order child support, my issue was if I would have to owe him, or he not have to take some responsibility with our debt since I sponsored him and also issue with parenting plan. 

12 minutes ago, Orangesapples said:

Your issue is mostly a family court issue, not an immigration one. 

I was concerned because I sponsored him here and we have debt together. Plus he went out and got that car while married. Wasn't sure if I need a particular lawyer or what. It's all so overwhelming 

10 minutes ago, Jorgedig said:

Well, the Washington State child support tables are pretty straightforward.  If he isn't paying the full amount, it can be garnished.  Parents do not get to choose how much of their child's care they contribute to.  There are also credits that can be added/deducted based on residential time.  For example, my ex and I had a 60/40 split on residential time, so he got a credit on child support.  In your case, you should receive the 'credit' since the financial burden of the residential parent is greater.

 

Get a lawyer, girl  

Thank you will do. 

Just now, Jorgedig said:

I'd say, don't worry about the taxes at this point.  

 

Definitely find a great lawyer.  Yes, they are spendy, but......depending on his financial picture vs. yours, you could even ask for him to pay all or part of your legal fees.

 

Is he challenging you on custody/parenting plan, or not wanting to pay support for his child?  

Currently we have a "parenting plan" he sees our son and my two daughters Monday, Thursday, and Saturday for two hours at a time. And takes our son every other Thursday night and takes him to daycare. We both work Monday thru Friday. He also does doordash coz he went out and bought a 30k car the day after I kicked him out.. I suggested him taking our son every other Friday /Saturday overnight, he flipped. Said I'm controlling, that's the busiest times to do doordash but didn't suggest anything else. He also flipped when I first suggested him actually take him overnight Thursday. I have them full time otherwise. He currently is helping with some child support but not the full amount. But come to find out he's had 13k income in the last 3 months from who knows where but says he doesn't have any and can't keep him over the weekend coz he needs to pay rent etc. 

6 minutes ago, Jorgedig said:

His immigration status is totally separate from whatever the final terms of the divorce will be.  The binding contract of the I-864 is between you and the US government, and it relates to reimbursement to the government if your husband seeks and is given means-tested benefits.  This contract is valid until he has 40 quarters of work, becomes a citizen, dies, or leaves the US permanently.  From your post, it does not sound like this is the present situation.

 

Child support, spousal support, child parenting plan, division of assets etc can either be decided amicably, or via the courts.  None of those things are impacted by immigration.  You both have parental rights and responsibilities.  

 

Either way, you both probably need lawyers to ensure your best interests for the divorce are looked after.  The type of lawyer you need is one who specializes in divorce.  Alternatively, some couples are able to accomplish their divorce in less confrontational ways, such as through the use of a mediator.

 

'Community property' refers to property and assets that were acquired after the marriage took place, even if one spouse was the primary earner.  If you had property or assets prior to the marriage, those could be deemed your separate property.

 

Edited to add:  It doesn't matter if he discloses his income to you willingly.  His income is discoverable via the court system. 

 

Best of luck.

Thank you for your advice that's good to know. Unfortunately he's not willing to work on a decent parenting plan so I'm not pressing it individually and will just need to file and get a lawyer although that's gonna be spendy. I'm also worried about taxes we've filed coz I didn't have this knowledge to file that income... 

I am a US citizen and currently going to be applying for divorce. My husband just got notice they are issuing his new green card as condition removed. So I need a special lawyer for divorce? We live in a 50/50 community property state but I signed as the sponsor to get him here, does this mean that I'm only liable? We have a child together and I'm the custodial parent, will he have to pay child support? He's got plenty money to survive. More than me actually. He's not and has not disclosed all his income to me. 

Be sure to check your spam folder! Maybe yours got stuck with someone slow.

thanks Im having DH do that now lol

We sent our AOS in about 2 weeks ago and got our NOA1 last friday. It took around a week for them to receive it (sent it monday, delivered wednesday, email received next monday) then we got the papers that friday.

Frustrating for us. Sent in about the same time as you. Requested email notification and nothing yet. It was delivered in 3 days.

Our check was cashed in s few days after receipt. It really varies by case worker and home office but, I've seen many go even faster than ours did. And many still way behind. Our receipt numbers worked pretty much this entire time.

We havent received anything yet. No Receipt number

Sent in our aos beginning of october. Still seen or heard nothing. They havent cashed the check yet but I know it was delivered. How long did it take to know they are reviewing it?

Hi so DH and I are adjusting his status and going through the application process. During his interview for his visa the officer said my income was low for family of 4 which yea it is but living in america Im sure thats not uncommon lol. Anyways they looked at my bank letter seeing the amount of deposits I have made during the last year and reconsidered. So now we are at this point again for me to fill out the sponsor affidavit yet again and see that I am just at the limit for poverty guidelines. I have a couple questions:

1. Can I provide a bank letter again showing a year of deposits and will that help do you think? Is that okay to have emailed to me and printed since its not required?

2. Application does say I can use his income but we need a letter stating his wages will continue after adjustment has been made. He is an independent business owner like myself (I also work full time) we work for a health company. How does this work? Is it the same as if we were needing to provide a letter from a regular employer? Because in any field there is no guarantee we will continue to receive wages.

3. Off topic a bit. He has been working for company as stated above for almost 2 years but since living in another country no taxes were collected. But now he has a ssn and moved here in July. Will he need to do tax return and is it only from July til end of year or total since he started there even though he was not in the country?? Or if I hae to include him on my tax return same question applies.

Thanks!!!

Its available for K1 otherwise it wouldnt have been on the application instructions. Also depends on household. I have two children that I have to provide for as well. He doesnt work as yet but does make a little bit online. I just barely made it for sponsorship without a co sponsor. But yes that is right you think how much you make but the government taxes the hell out of you and then to live and pay your bills. You aren't left with much. And since you have to start the process so soon after getting married its rather hard for some people to use that "left over money" after bills to come up with 1070.

Yes you should take the originals, they will make copies. Also print out a couple more copies of the I-94 you will need it to apply for a state ID / license and Advanced Parole.

Thanks good thing I did

So has anyone requested a fee waiver for the AOS? That's a lot of money!

All I needed for my SSN was a print out of the I-94 and my Passport, they didn't want to see my marriage license. It makes no difference if you are / are not married or have the EAD yet.

May be a stupid question but what was the I-94? I remember seeing that I need to print that.

Nvermind I got that now. They also said he needed original documents of his passport etc cuz I copied them when I sent in the application. Probably best I go in right?

That's frustrating:/ maybe you could drop him off during your lunch break?

We will have to figure something out. Like have him drive me to work. Its an hour drive to and from work so that wouldnt be possible on lunch. I only get an hour for lunch. Im off early Fridays though.

They shouldn't have rejected him. There are things you can print out that list the eligibility of getting a social and k1 is one of them. Some officers just don't know what they're doing.

See that is what I thought because I read that he could get one without the work permit etc. We ended up mailing in the application which is probably why he was denied instead of us going to the office ourselves. But time was kind of hard to do that as I work full time and he doesn't have a car yet.

Hey guys been MIA due to wedding and honeymoon. Can someone fill me in on whats next? How do we go about getting the green card and work permit? We tried for his SSN but they denied him because as of right now he has nothing requiring him to get one unless he starts working. Can someone direct me where to go? Im going to turn in our marriage license and get copies today.

Been so super just with my fiancé and children and tomorrow is the big day! Can't wait but also a bit nervous. Everything has been going great. Off to Vegas afterwards. Once we get back we will move on to the next step. Anyone have any pointers or how to proceed?

Isn't it great!? Wedding time!!! Husband is still adjusting and him not working is driving us both crazy.... Waiting on the EAD during AOS is just as bad as k1!!!

Good luck everybody!!!

Finally!!!! Happy dance!! ????

So great

If I'm approved and they're processing it, you get put under AP right? My case is under AP since today but it says on the last part: Your visa case is currently undergoing necessary administrative processing. This processing can take several weeks. Please follow any instructions provided by the Consular Officer at the time of your interview. If further information is needed, you will be contacted. If your visa application is approved, it will be processed and mailed/available within two business days.

Yes thats what it means. Some stay in AP only a few days or longer. If you havent gotten your answer yet

So have been super busy. Fiance arrived on the 18th. Everything has been great. POE was very good and went smoothly. He is finally adjusting to the time and its a complete 180 from where he lives but in a good way. Very quiet here he says lol

Yay!

Fiance got his yesterday and coming MOnday!

Soooooo got the tracking email.....should arrive the day after he was suppose to fly out lol. Smh! But at least we know now. Congrats and good luck to everyone!