PandaEat

3 minutes ago, OldUser said:

Not quite. Accounts in both names and in your name or her name can be split. If you had $10000 in you personal account before marriage and never put more money / moved it out while married, then yes, that account is not getting split and you get to keep $10000.

 

$10000 is just an example.

Let's say I have 40k in bankA , and 5k in bankB before marriage.  After marriage bankA is down to 1k, but bankB is up to 50k.  During the marriage I move money from bankB to bankA to balance it.  

On 3/18/2023 at 3:01 PM, Lemonslice said:

If you're in California, maybe reach out to this member to know which lawyer to contact (his ex's lawyer).

 

 

I don't need to worry about this before my wife is working and will not do such things collecting from government, she will probably go back to her country as she don't like living here.  I will definitely give her a reasonably amount of money so she can start here or her home country.

On 3/18/2023 at 2:41 PM, Bill Oxner said:

Not really, I have seen marriage partners where the the other person drained thier bank account and put them into debt with credit cards. It was cheaper to bite the bullet and divorce them.

 

He is in a community property state like I am. It's very easy to protect your assets

 

He was only married 2 years, so have your bank accounts where you keep the majority of your money in a seperate bank account from your spouse, have them established before marriage and don't comingle funds and your money is safe and can't be considered community property.

 

I had a house, vehicles and boats all in my name before marriage, went thru a divorce after a few years and all that was considered seperate property since it was all owned before marriage.

 

I came out smelling like a rose

 

Now with my current wife we only established one bank account together and we opened it like the week she arrived and I think I put $1000 when it was opened and never messed it it again, we only did it for K1 for immigration purpose only so she could get her Greencard. 

 

I went ahead and bought a new house before I did my K1 visa this time so it will be mine in case we didn't work out, My wife is from Philippines I wasn't sure how she would adjust to USA when she first got here and I wanted to protect all my assets. 

 

 

 

I don't have any property, and all my bank accounts are separate with her.  All my bank account is under my name.  The only thing is I filed a jointed tax return with her.  She has her own bank account.  So what you saying is that anything under my name before the marriage cannot be split? Only jointed accounts can be split? 

On 3/18/2023 at 6:38 AM, Mike E said:

You have jointly filed I-751. The moment you file for divorce you should immediately write a letter to the uscis address listed on her 48 month extension letter. Your letter should say that as the U.S. citizen co-petitioner, you are withdrawing your petition due to the pending divorce filing. Reference her A number, and the I-751 case number in the letter. Include a copy of the 48 month extension letter and the divorce filing.

 

If she fails to (on her own) to request to amend her pending joint I-751 petition to a divorce waiver, then things could potentially go badly for her, including revocation of LPR status and deportation. That is her problem.

 

If you fail to write the suggested letter, then arguably you are complicit in any accusation of fraud if the I-751 is approved without USCIS being notified about the divorce filing.

 

Fun facts:

 

* if she does amend I-751 to a divorce waiver she has 60 days to provide a final divorce decree

 

* California divorces require a minimum of 6 months to get a final decree. So even if you filed March 20, 2023 and the court issued a divorce decree April 20, your divorce is not final until September 20, 2023

 

Thus there is high risk of her I-751 being denied, and ultimately losing her LPR status.  She will potentially require an immigration lawyer.

 

You have no authority to make that happen. As described above, you can take steps to make it harder for her to retain her LPR status.

This info is very helpful to know when it comes to negotiation with her. Thank you.

If she agrees uncontested, I will write it down in the divorce paper process.  I don't think she wants to stay in the USA anyways.  

28 minutes ago, TBoneTX said:

Intimate relations.

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He (or she) who files first tends to have at least an initial advantage as things proceed.

So what is the initial advantage?

 

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Do not try just a text!  If you plan to do all this yourself, at least consult an attorney or two to learn the steps, process, and what (not) to do.  Many attorneys have free or cheap initial consultations.

I talked to one today and one suggest a text saying you want to divorce to mark the separation date.  Then fill out the form to get a summor to serve to her.

You mean cheating or intimate with someone else? 

14 hours ago, carmel34 said:

Most states require a 50/50 split for all marital assets and debts in a divorce.  The length of the marriage will likely be taken into account as well when determining alimony.  Her immigration status is irrelevant to all of this as she can re-file an I-751 with a divorce waiver, many have done this successfully.  You can't "withdraw" the I-751 as it is her petition, not yours.  Focus on the divorce and be civil.  It is in your best interest to negotiate an agreement with her and her divorce attorney.  Keep in mind that if she hires an aggressive divorce attorney, and the case goes to court, the I-864 that you signed could be used as leverage to force you to pay alimony for many years.

I have a debt of 30k on my car, so how will that be split with asset? 

I talked to an attorney today and they told me the I-864 spouse support is from her both income /2 and pay the amount.  The length is half of the number of years married (2 years length of sponsor).

7 hours ago, JeanneAdil said:

not knowing your state ,  u should google this info

 

your wife does not have to leave your living quarters 

and she left family,  friends and home to be with u so go lightly

 

and understand that some states u need to be legally separated for a year before court will grant a divorce

 

I live in california, so you have to state it through text saying divorce.  So asset split are from date of marriage to date of separation? 

5 hours ago, retheem said:

Think outside the conventional box. I will leave it at that

what do you mean please expand on this ? 

4 hours ago, Sarge2155 said:

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It is in your best interest to get the ball rolling NOW and end this swiftly. Encourage her to naturalize as also what was pointed out her naturalizing gets you off the hook for the I-864. Another important tip: Should you have carnal knowledge with her at any time during this time where you have made it known that you wanted a divorce that will go badly against you later in court. Also protect yourself against false domestic abuse allegations. Depending on your state and in most states the cards are going to be stacked against you.

What do you mean by having carnal knowledge?

 

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My recommendations do a DIY divorce you can get the forms online again depending on your state. It works well especially if you have no kids as you say, and no property. If you are going to do it...DO IT. Mind you with today's divorces you do not need a reason to divorce each other. File before she does and I am sorry for your troubles, but like war marriage is hell and you have to defend and protect yourself.

Why file before her? what is the reason for this? I live in california so I have to fill out the form and I have to get a summor and serve to her.   Or do I just from writing sending a text to say I want divorce? 

18 minutes ago, OldUser said:

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Hi @PandaEat I'm sorry your marriage is heading towards the divorce. Your wife has the same rights just like as if you were married to an American lady. Nothing different in regards to divorce and splitting assets. All depends on the state laws. If you live in a community property state like Arizona or California, you'd have to split anything accumulated during the marriage 50/50 with her, even if she never contributed even a dollar.

Are you sure about that? She is on a temporary GC why would she has the right to claim alimony? I thought only once she obtained the 10 years green card this can be claimed for alimony.

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No, you cannot take her green card away. You did not issue it and it's not your property. Only immigration judge can take her GC away and only if she cannot prove her marriage wasn't entered in good faith.

What I meant was to talk to USCIS to cancel or withdrawal since we have problem with marriage.  

Current situation: My foreign spouse's 2-year green card expired in Dec 2022, and I helped her apply for a 10-year green card, it’s now in a pending state. We had a fallout during these 4 months, and I want to get a divorce. Just last week I got a letter from USCIS regarding the green card, and they gave her a temporary extension green card letter of 48 months. With her current situation is she entitled to get a split of my assets when I do the divorce? I don’t have any property only saving money. We do not have any kids. What rights does she have in terms of demanding money from me for the divorce? Can she sue me for doing the divorce? If she doesn’t sign the paperwork to divorce what are my options? Can I do the green card withdrawal or cancel the pending temporary green card?

Anyone with experience in immigration/divorce law please help answer these questions. I really appreciate your help.

Reason for divorce: Our marriage was entered in good faith, but we have a lot of problems in our relationship.  One thing is that my wife doesn't want to pay for anything.  I take care of all the bills and living situation.  She been in the US for 2.4 years and worked for 1 year and still currently working.  I asked her to help pay for the food, but she said no.  I'm to a point where I had enough of this bull.  That's why I'm divorcing her because she just using me.  I know she will fight and not want the divorce, that's why I need you guys to help me answer the above questions.  Thanks

On 8/25/2020 at 7:53 AM, neca said:

I'm interested in the answer to this myself; I'm seeing conflicted responses on it, specifically in cases of joint sponsors filing jointly with their spouses. If a joint sponsor's individual income demonstrably exceeds poverty guidelines but they filed their taxes married/jointly, does their spouse still need to file an I-864a?

I submitted both I-864 (joint-sponsor) and I-864a (Her husband) just to be on the safe side.  It's really doesn't hurt to submit more, plus depending on the officer at the time that looks at your application.  If you get a bad one they might ask for I-864a.  My application documents got approved (DQ) two weeks after I submitted it.  Got interview time from GZ US consulate waiting for my wife to be interview this month.

9 minutes ago, PandaEat said:

I added a joint-sponsor after I submit it, it logs me out of the system.  I waited for an hour and logged back in and my joint sponsor was not added.  Does that mean the system didn't take it the first time, do I need to re-add the joint sponsor?  This system is buggy asf....anyone can shed some light would really appreicated

I re-added it and see my joint-sponsor added but needs to be approved before I can upload document.

For the adding household member it only has my name, and does not have my joint-sponsor name.  Do I need to wait as well? 

On 2/23/2020 at 11:27 PM, Brandon. said:

 

FYI for anyone else encountering this issue... it took 6+ hours but eventually I did receive a message that the "Household Member" was approved. The UI now shows an "INCOMPLETE" link for the individual.

 

 

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I added a joint-sponsor after I submit it, it logs me out of the system.  I waited for an hour and logged back in and my joint sponsor was not added.  Does that mean the system didn't take it the first time, do I need to re-add the joint sponsor?  This system is buggy asf....anyone can shed some light would really appreicated

3 minutes ago, pushbrk said:

Pay stub is needed to document current income.  Tax returns are about the past.

How many pay stub is needed? 

On 6/28/2020 at 5:34 PM, pushbrk said:

That's one joint sponsor and a household member, not two joint sponsors.

 

What tax return information do I need to submit for a joint-sponsor (I-864) and household member (I-864A)? 

They both file joint-tax return.  Do I need to submit all the 1040 schedules for both of them?  Do I need pay-sub?

Sister (Joint-sponsor) -  1040 Tax Return , W2

Her husband (household member) 1040 Tax Return, W2

On 9/22/2015 at 9:46 AM, teeak said:

Part 5 is your father. Part 6 is your mother.

I have a similar situation.  My sister is sponsoring my wife. My sister fills out the I-864 and her husband fills out the I-864A.  I just want to make sure for the form I-864A, the signing part is correct?

---> part 5, I, The Sponsor, (My sister print her name and sign)

---> part 6, I, The Household member, (Her Husband print name and sign)

The form I-864A is a contract between my Sister (joint-sponsor) and her husband.  Can someone confirm this??

On 7/9/2020 at 6:11 PM, Troy B said:

 

I believe that is the relation with your sister.  But i have no experience filling out  the i-864a.

My sister income alone exceed the 125% poverty amount, why does her husband needs to fill out i-864a? Isn't i-864a to combine income if my sister is not enough?

On 5/18/2020 at 6:48 PM, Katie & Christian said:

Thanks!

What did you end up doing? Did you add your dad as a joint sponsor and which form did you use?

20 hours ago, Troy B said:

 

Were you unemployed the entire time in the past 4 years?  If not you should have filed a tax returns (even if you ended up not owing any taxes). 

I believe $250k is more then enough assets to show without needing a joint sponsor.

 

Your sister would file an i-864,  her husband should file an i-864a.

yes unemployed the entire time.  

For my sister husband to fill out form i-864a.

Part 2 item 1.c. I am not the intending immigrant.  I'm the sponsor's household member.  I am related to the sponsor as his/her:  Are they asking for relation with sponsor (my sister) or sponsor (me)?

Can someone give me some suggestion on this: I have zero income and didn't file tax return for the last 4 years due the fact I was living abroad.  I'm currently unemployed but will be using my assets (stocks, bank saving) exceeding $250K.  My question is will that be enough to qualify or do I need to get a joint sponsor? I don't want to get any delays for a RFE.  

If I decide to go with this joint sponsor (my sister), do I use the I-864 or I-864a.  We are living in the same address, she is married.  Please advise would really appreciated!

4 hours ago, JFH said:

I was the immigrant. So I did my own DS-260. However my husband (USC) is dyslexic so I did the I-130 and I-864 for him and he signed. I signed as the preparer on both firms. No RFE. Approved at interview without even blinking. 

Did he digitally sign online for the I-130 and I-864?

On 5/23/2020 at 5:25 AM, JFH said:

There is no problem with this. You must declare yourself as the preparer as part of the process. 

Did you check with NVC and they said no problem? Did they let you sign on behalf of your husband? Please let us know a lot of people are stuck with this question