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About Alexmat1

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  • Location San Francisco, CA, USA

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  1. GC was revoked as I couldnt provide the Divorce decree as part of RFE. The divorce was still in the courts. I am still in the process of reestablishing my 10 year GC. Regarding i864: - The divorce laws and support would vary by state. However the i864 and the support obligation related to that is universal, in that it doesnt depend on State laws. Its a contract signed between USC and US Govt and the purpose is to ensure the Immigrant spouse doesnt depend on Tax dollars for his or her support (either during or after a divorce). The onus of support is on USC. - Some judges still misunderstand i864 as it is rarely implemented and as each year goes by, there are new cases and more clarity on this. Some state courts confuse this with the divorce related support and require the immigrant spouse to seek work etc, which has been turned down by the respective appeals court. The i864 support obligation is without a need to seek work. One might wonder this would be a easy route for the immigrant spouse to never work but the support is set at Federal poverty level which isnt much but is a bare support to perhaps help the immigrant spouse to find employment above the Federal poverty level. - Attorney fees that are incurred for executing the i864 can be ordered from the USC (as per the contract) - In your parents case, since the marriage is more than 10 years, might be the court ordered permanent support (doubt its i864 related as beyond 10 years, the immigrant would have earned 40 social security credits through her husbands work that disqualifies her for i864 support) - i864 is not required to be paid if there is another support order that provides the immigrant with atleast poverty level support. Not sure why the judge ordered both supports at same time in your example. I respect your opinion and I would differ in mine. As I mentioned, the opinions on this could be split depending on if one is USC vs Immigrant spouse. There are immigrant spouses who are divorced and also unable to land a job because of lack of US experience,education or language capability or child care that limits their employment. Most of them would depend on welfare which is US tax money. I think the intent of i864 is that the sponsor of GC supports the immigrant at minimum level so that they dont bleed the Tax dollars. It comes down to if its a better option to let the immigrant use the Tax money or if the USC should support the immigrant. You are right that the courts dont understand it clearly as its often ordered but recent cases across the country and the intervention of Appeals court when the trial court gets it wrong has given direction. From an immigrants stand point they have some support system while they enable themselves to start working and earning income. Esp if children are involved it helps too. Most US court decisions have support the i864 support. Again this is off topic, but leaving my comments in case it helps another immigrant spouse.
  2. Will add my inputs on what I know on the i864 enforcement, in case it helps any immigrant who might be in a situation of filing I 751 waiver because of divorce. - Both the Federal and State courts can take such cases as clarified by some appeals courts. i864 enforcement would fall into Federal courts as its a immigration related matter but State Appeals courts have clarified it can be taken by State courts too. State courts handle divorce cases also known as Family law courts. Hence it can be enforced either during divorce , or after divorce (where the immigrant receives support through divorce and hence cannot qualify for i864 as he or she is anyway being supported. Once that support runs out and the immigrant is still without income i864 can be enforced) - If the i864 doesnt have work related seek work order, then a judge cannot order it , as it was simply not a part of the i864 contract. A contract is enforced based on whats in it. I think some judges might have ordered the immigrant to seek work (based on the hang over from the divorce support laws where its usual for the supported spouse to seek work and get independent before the support runs out). The i864 support serves no such purpose, and the intent is to shift the burden of support from welfare systems/tax payers to the US citizen who brought the immigrant through marriage. He or she has the burden of support (vs tax payers money) and the supported immigrant has no duty to seek work. A recent case in California clarified this - the trial court ordered the immigrant to seek work but the Appeals court ordered that was incorrect and the wife had no obligation to seek work when enforcing i864 based support for her. - As for the income I have heard different courts again treat different things as income. But a casual read of the i864 contract says income (not assets or anything else). Though this was not what the original thread was for, I am leaving these comments for any immigrant who is finding it difficult to support themselves while waiting for the ROC through I-751, who is not supported during that time by the US Citizen.
  3. Thanks geowrian. As for the I-864 this is what I know: Its best worked out in divorce but it can still be brought up after divorce. For eg one could be working and thus earning their own income whiel divorce is finalized. A couple of years later they could be having no income and no job prospects or ill and the i864 is valid till the immigrant receives 40 credits on his social security. Thus i864 can be activated even after divorce. there is no mitigation of damages under i864 , thus no order to seek employment unlike traditional divorce related support. I am not sure if the court can consider the bank account or any financial resources as offset toward the amount that can be rewarded, in lieu of a lack of income (like salary)
  4. I had to go through a divorce unfortunately. I was dependent on USC and for 1 years I had support from USC. I send in my I-751 and they came back with RFE for divorce decree. The case was still dragging in the courts so I couldnt and USCIS denied by green card and said I will get a NOA. It took another 1.5 years more for the divorce to be finalized and got my divorce decree. By then I was down in debts with the huge divorce fees and since my Green card was revoked, I couldnt work anymore. I am going to refile I-751 and wouldnt be able to afford the filing fees. I have the following questions: - Would applying for a fee waiver be a concern for USCIS as it shows I have lack of money and thus a public charge ? - I get Food coupons and I am on Medicaid but I dont receive any other welfare. I am borrowing for rest of living expenses. Does these welfare negatively affect my I-751 and would I be denied considering my as public charge - I have got legal advise that since I have to wait out till USCIS takes decision, I can sue my sponsor USC for supporting me at federal poverty level (if I get that , I can stop taking the welfare). Would this be considered negative in my case. Thanks.
  5. I checked @mindthegap but didnt find anything similar to mine. I tried to message him but didnt go through.
  6. This is my case. My 2 year GC expired in 2015 and I applied for the removal of conditions (I-751) in 2015 much before the expiry. However since I was going through a divorce, I couldnt get the divorce decree in time, and USCIS came back with RFE for the divorce decree. Since the divorce was pending in court, they send a GC termination letter in 2016. I finally got the divorce done in 2017. I was expecting a NTA letter during this time which never came. I am going to reapply for the I-751 again (reason I delayed instead of applying in 2017 is because I couldnt afford an attorney and I was told I cannot apply again once an I-751 is denied the first time). I have the following questions: 1) Does anyone have similar experience where they reapplied I-751 after the first time it was denied ? In such a case do I get an extension letter like the first time ? 2) Would USCIS ask for why I am reapplying I-751 almost 3 years after the GC was termination in the denial of my first I-751 3) If I am send an extension letter, can I travel with that while awaiting the decision on my I-751. I have confidence on my proofs for getting the waiver as the denial of the first I-751 was for the lack of submitting a divorce decree on time (they didnt ask for any more proofs to prove the validity of the marriage). I am more worried about points (1) and (2) above. Pls advise. Thanks
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