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I-864 and Divorce?

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  • I-864 and Divorce?

    I was married in May of 2005 and probably signed an I-864 document in the fall of 2004.

    After less than 2 years of marriage my Russian wife and I are getting a divorce. I really believe she just used me to get to America. She is wanting support using the I-864 as the foundation of her case.

    Here are the details: She is has Masters Degree in Civil Engineering (from Russia) has worked part time by choice in an English only enviroment in my city for almost 2 years. She has taken private English tutoring classes for the 2 years she has been in America and for 1 or 2 years in Russia before she came.

    We are located in the heart of natural gas and oil shale development in Colorado and our unemployment rate is super low at 2.8%. Local businesses are begging for workers. Anybody that can walk and chew gum at the same time can get a job in our community.

    She continues to only work part time because she knows if she get a full time job, she will make too much money to quality for support under the I-864 guidelines.

    Can she basically sit on her butt and refuse to get a full time job and demand support under I-864? I think she think since I signed the I-864 form that is guarantees her retirement for the next 10 years with no obligation on her part! We haven't went before the divorce court Judge yet, but I am sure they won't have much experience in this type of thing. Does anybody know of any divorce court cases similar to this situation?

    I would sincerely appreciate any information or documentation on this matter.

    Thanks in advance!

  • #2
    I was married in May of 2005 and probably signed an I-864 document in the fall of 2004.

    After less than 2 years of marriage my Russian wife and I are getting a divorce. I really believe she just used me to get to America. She is wanting support using the I-864 as the foundation of her case.

    Here are the details: She is has Masters Degree in Civil Engineering (from Russia) has worked part time by choice in an English only enviroment in my city for almost 2 years. She has taken private English tutoring classes for the 2 years she has been in America and for 1 or 2 years in Russia before she came.

    We are located in the heart of natural gas and oil shale development in Colorado and our unemployment rate is super low at 2.8%. Local businesses are begging for workers. Anybody that can walk and chew gum at the same time can get a job in our community.

    She continues to only work part time because she knows if she get a full time job, she will make too much money to quality for support under the I-864 guidelines.

    Can she basically sit on her butt and refuse to get a full time job and demand support under I-864? I think she think since I signed the I-864 form that is guarantees her retirement for the next 10 years with no obligation on her part! We haven't went before the divorce court Judge yet, but I am sure they won't have much experience in this type of thing. Does anybody know of any divorce court cases similar to this situation?

    I would sincerely appreciate any information or documentation on this matter.

    Thanks in advance!

    Comment


    • #3
      Less than two years of marriage, her conditions aren't removed, right? I'd go the marriage fraud route and absolve yourself of this albatros! I believe many in your situation file for annulments - she doesn't deserve another dime from you!

      Comment


      • #4
        It's a hopeless case.

        God bless Iraq, Iran and Afghanistan!



        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ProudUSC:
        Less than two years of marriage, her conditions aren't removed, right? I'd go the marriage fraud route and absolve yourself of this albatros! I believe many in your situation file for annulments - she doesn't deserve another dime from you! </div></BLOCKQUOTE>

        Comment


        • #5
          Thanks for you comments. No her conditions are not removed, she still has to try to get her Permanent Green Card.

          Thanks again!

          Comment


          • #6
            You're welcome.


            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by LJBRIGHT:
            Thanks for you comments. No her conditions are not removed, she still has to try to get her Permanent Green Card.

            Thanks again! </div></BLOCKQUOTE>

            Comment


            • #7
              I am not an expert – by no means- but if you would withdraw your petition for her, wouldn't that take care of your problem?
              I don't need to tell you not to file jointly for the removal of the conditions, but I would really think, that if you withdrew the petition you would automatically revoke the affidavit of support.
              But maybe some others here who really know something about the law could help.
              Good luck

              Comment


              • #8
                Thanks that is one option I am considering!

                Comment


                • #9
                  How can he withdraw the petition if the petition has been granted? even with divorce you are still responsible for support under the I-864. If you get divorce before she has to remove the conditions, then she will do it by herself as a waiver petition.

                  Comment


                  • #10
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by LJBRIGHT:
                    ... she will make too much money to quality for support under the I-864 guidelines. </div></BLOCKQUOTE>
                    Where did you get that from? I-864 is a contract between you and the government that she wan't be on federal assistance. It is not about spousal support/alimony or the money you have to pay to her if you divorce. From the information you provided, she is capable of supporting herself; so that should be your argument.

                    However, some ex-sposes went to court and sued to get money that "belongs" to them under I-864. In a very few cases judge sided with them.

                    If you think she is counting on that, find the cases and learn why judge made that decision... so you are better prepared.

                    Good luck

                    Comment


                    • #11
                      LJB...here's a link to a webpage that I found. It looks to be a memo regarding regarding Withdrawal of Form I-864. You might want to read page 13 (h)...it might help you. However, you MUST act in a timely manner ...

                      In an adjustment of status case, a withdrawal of the Form I-864, I-864EZ or I-864A is not effective unless it is in writing and USCIS actually receives the withdrawal before the final decision on the adjustment application. In an immigrant visa case, once a consular officer has issued an immigrant visa, no Form I-864, I-864EZ or I-864A may be withdrawn unless the visa petitioner also
                      withdraws the visa petition.



                      Hope it helps you... I'm 99% sure it has helped me ! I wish you luck!


                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by LJBRIGHT:
                      I was married in May of 2005 and probably signed an I-864 document in the fall of 2004.

                      After less than 2 years of marriage my Russian wife and I are getting a divorce. I really believe she just used me to get to America. She is wanting support using the I-864 as the foundation of her case. </div></BLOCKQUOTE>
                      :taz: What GOES around, COMES around!! :taz:

                      Comment


                      • #12
                        OOPS ! The link would help, huh ! The 1st is the html version, the 2nd is pdf.

                        http://72.14.209.104/custom?q=cache:-6ux2VFxAYQJ:www.il...&cd=4&gl=us&ie=UTF-8


                        www.ilw.com/immigdaily/news/2006,0707-864.pdf


                        ...sorry 'bout that !



                        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Ex-Of-BP-Horn:
                        LJB...here's a link to a webpage that I found. It looks to be a memo regarding regarding Withdrawal of Form I-864. You might want to read page 13 (h)...it might help you. However, you MUST act in a timely manner ... </div></BLOCKQUOTE>[/QUOTE]
                        :taz: What GOES around, COMES around!! :taz:

                        Comment


                        • #13
                          great link with a lot of information...

                          ..."USCIS actually receives the withdrawal before the final decision on the adjustment application".. means it is way too late for LJBRIGHT to do it

                          Comment


                          • #14
                            Thanks Aneri ~ I know it helped me aLOT! Sorry LJB ~ I must have misread your post.


                            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by aneri:
                            great link with a lot of information...

                            ..."USCIS actually receives the withdrawal before the final decision on the adjustment application".. means it is way too late for LJBRIGHT to do it </div></BLOCKQUOTE>
                            :taz: What GOES around, COMES around!! :taz:

                            Comment


                            • #15
                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content"> How can he withdraw the petition if the petition has been granted? even with divorce you are still responsible for support under the I-864. If you get divorce before she has to remove the conditions, then she will do it by herself as a waiver petition. </div></BLOCKQUOTE>


                              JF2007, according to the link Ex-of- BP- Horn provided I was right, it is possible to withdraw a petition even if a conditional GC was issued.


                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">great link with a lot of information......"USCIS actually receives the withdrawal before the final decision on the adjustment application".. means it is way too late for LJBRIGHT to do it. </div></BLOCKQUOTE>

                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">In an immigrant visa case, once a consular officer has issued an immigrant visa, no Form I-864, I-864EZ or I-864A may be withdrawn unless the visa petitioner also
                              withdraws the visa petition. </div></BLOCKQUOTE>



                              Aneri, how I understand it, it is not too late for LJBRIGHT, he can withdraw the I- 864 as long as withdraws the visa petition also.

                              Comment



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