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  • I-864 Horror

    I'm looking at this I-864 affidavit of support form. The requirements seem ridiculous. Could the following type of situation happen to me, or anybody else...

    Wife divorces me after bona fide marriage and later finds another man. They have a child but never get married. Man works and pays for bills. Wife does not work, stays at home and raises child. Wife sues me to collect support, up to 125% of the poverty level ($1083 per month). I pay her $1083+ per month indefinitely.

    It seems possible. Would the courts allow such a crazy situation to occur? After reading Stump v. Stump it appears the answer might be yes. I must be missing something.

  • #2
    I'm looking at this I-864 affidavit of support form. The requirements seem ridiculous. Could the following type of situation happen to me, or anybody else...

    Wife divorces me after bona fide marriage and later finds another man. They have a child but never get married. Man works and pays for bills. Wife does not work, stays at home and raises child. Wife sues me to collect support, up to 125% of the poverty level ($1083 per month). I pay her $1083+ per month indefinitely.

    It seems possible. Would the courts allow such a crazy situation to occur? After reading Stump v. Stump it appears the answer might be yes. I must be missing something.

    Comment


    • #3
      What I meant was that the ex-wife could stay at home and raise a child and I would have to bring her income up to 125% of the poverty level since she is not working. There is no requirement for the ex spouse to work, or attempt to find work under the I-864.

      She could live unmarried with another man who pays the bills (mortgage, electric, food, etc). She could use my $1083+ per month as a salary to raise her child with this new man. His child for instance.

      Or some other situation like this... It seems very possible under the I-864.

      Comment


      • #4
        Davdah, what you say makes sense, but I see nothing in the I-864 that requires the sponsored immigrant to be living alone to be able to sue for support.

        Form I-864 says you must "Provide the intending immigrant any support necessary to maintain him or her at an income that is at least 125 percent of the federal poverty guidelines".

        So if their income is not at the 125% level you are required to bring it there, regardless of their living situation.

        Now maybe a court would say that is BS, but who knows? Thanks for the replies Davdah.

        Comment


        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by lovinlivin:
          I'm looking at this I-864 affidavit of support form. The requirements seem ridiculous. Could the following type of situation happen to me, or anybody else...

          Wife divorces me after bona fide marriage and later finds another man. They have a child but never get married. Man works and pays for bills. Wife does not work, stays at home and raises child. Wife sues me to collect support, up to 125% of the poverty level ($1083 per month). I pay her $1083+ per month indefinitely.

          It seems possible. Would the courts allow such a crazy situation to occur? After reading Stump v. Stump it appears the answer might be yes. I must be missing something. </div></BLOCKQUOTE>

          You betcha !!!! It can and does happen. Get a prenup !!!!! Do not trust these people and do not trust the government to help you.

          Comment


          • #6
            Keep in mind that most immigrants will apply for citizenship either at the 3 or 5 yr mark.

            Its highly unlikely you would be responsible indefinitely.

            What was explained to me is that any money earned whether from work or alimony that the immigrant gets, that is counted towards the 125% poverty level. If she is still under that, than you would be responsible if she wants to take you to court for it.

            Most people don't do anything about it because they usually have a new life with someone or they become a USC.

            There is also something else, and I know of two people who have done this and won.
            If say during the divorce she is under that 125% poverty level, and even if she is receiving temporary spousal support, she could in fact ask for back pay later on. This of course I believe was in Fed court, re: affidavit of support.

            Most don't go after it, but she/he has a right.
            -----------------------------------------------------------------------------------------------
            God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

            National Domestic Violence Hotline:
            1.800.799.SAFE (7233) 1.800.787.

            Comment


            • #7
              She wouldn't necessarily be staying at home to raise a child, either. The Stump case clearly indicated that the Court recognises no requirement for the alien to mitigate any damages for the USC sponsor. I would conjecture that any alien trully intent upon availing him/herself of any provisions by way of the Affidavit of Support would be wary enough to make sure that living arrangements would not compromise any potential afforded by way of the USC sponsor's obligation to the government. It could be a slippery slope<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by lovinlivin:
              Davdah, what you say makes sense, but I see nothing in the I-864 that requires the sponsored immigrant to be living alone to be able to sue for support.

              Form I-864 says you must "Provide the intending immigrant any support necessary to maintain him or her at an income that is at least 125 percent of the federal poverty guidelines".

              So if their income is not at the 125% level you are required to bring it there, regardless of their living situation.

              Now maybe a court would say that is BS, but who knows? Thanks for the replies Davdah. </div></BLOCKQUOTE>

              Comment


              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
                An immigrant can bring an action against a sponsor to enforce this if necessary and apparently they are successful. </div></BLOCKQUOTE>

                This is incorrect. The government can sue the sponsor to reimburse for benefits given to the alien. I do recall hearing that an immigrant tried to do this. If a court ruled that way, it was incorrect. I believe a prenup can write around this and I would never marry anyone without a prenup.

                I have signed 2 AOS. First one I withdrew with no issue and I believe she has since become USC or will soon become one.

                Second one was my lover's son and he has since become a USC.

                Its not 100% they will come after you. Women will usually prefer to s u c k the blood off of a wealthy man than collect welfare. Also you always have the opton to counter sue the alien. Best bet is to have a prenup always.

                Comment


                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by SonofMichael:
                  [QUOTE]Originally posted by davdah:
                  I believe a prenup can write around this and I would never marry anyone without a prenup.
                  </div></BLOCKQUOTE>

                  I don't mean to hijack thread, but my question is somehow relative: is it possible that "joint sponsor" get an agreement from alien to indemnify against any future benefit?

                  Comment


                  • #10
                    What State you reside in?
                    Is it disproportionately too generous on welfare or social programs compared to national averages?
                    After 1996 Federal law ,that reformed welfare, you have almost nothing to risk by signing I-864 , unless your spouse has some form of debilitating disease and disability which will assure his or her inability to get a job no matter what.
                    Drastic downturn in economy is another possibility of I-864 kicking in, but then you would be more likely to find yourself in a position of someone struggling to support yourself and keeping your own job to stay afloat, which would make you the least able to support someone else.
                    Do you have large assets?
                    http://www.anbsoft.com/images/usflag_med.jpg

                    "...I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibit

                    Comment


                    • #11
                      I am not the sponsor, I will be "joint". I am in Nevada, but they are in California.

                      Comment


                      • #12
                        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by lovinlivin:
                        I'm looking at this I-864 affidavit of support form. The requirements seem ridiculous. Could the following type of situation happen to me, or anybody else...

                        Wife divorces me after bona fide marriage and later finds another man. They have a child but never get married. Man works and pays for bills. Wife does not work, stays at home and raises child. Wife sues me to collect support, up to 125% of the poverty level ($1083 per month). I pay her $1083+ per month indefinitely.

                        It seems possible. Would the courts allow such a crazy situation to occur? After reading Stump v. Stump it appears the answer might be yes. I must be missing something. </div></BLOCKQUOTE>
                        Regards and thanks,
                        Mary Josephine :-)

                        Comment

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