Enforcing I-864

[Hudson]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by newyorkr:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by MakeItRight!:
I Become so Tired Of seeing 1% Of The Actual situation!!!!
The Original Creator Of The Post, Never Gives Up The Goods!!! Thee Entire Story!!!! What Happened? start to Finish!!!! Details!!!! Who? What? Where? When???? </div></BLOCKQUOTE>


Hi- I came as a fiancee visa and I was married last year... I received my temp GC 2 mos ago and went to school as a P/T.... I still have till Aug to graduate.. I had sold my property in South East Asia before I left my country and had deposited it in my bank account ( not joint) ... I found that my husband transfered the money from my account to his account.. I confronted him and he said He will pay me ahen he sells one of his rental home. But That started the wedge between us I considered it stealing, He then gets upset when I mention it. Months later I discovered he paid off his ex wife house and is seeing her while living with me. When I confronted him he assulted me and I had to call the cops . He was arrested and is on bail. When I got home he had left me a note that he closed our joint account where our bills are drafted and he gave a 30 day notice in our townhome , he took all the immigration papers all documents I had in the house taxes etc.... He left me with nothing to live on, the following day I was served with an order of protection .. I cannot contact him so I had to hire a lawyer to dispute the DVPO. I dont want that to be in my records his statements are false.. in that DVPO he had to make uop something so he can be issued we have a court date on Jan ... I had stopped going to school to get a job ... I am babysitting, doing house keeping jobs,,, I need at least Temporary spousal support. He has moved back with his ez wife with a house paid off and no bills from the money he illegally took from me. I went to the localpolice and the detectives are working on it to file a case against him... They are looking into my computer , he may have a spy ware installed how he got my password ..

Any more Questions I am here to answer it... </div></BLOCKQUOTE>
More than likely, the DVPO is a temporary one lasting only two weeks. However, this is an item primarily for divorce proceedings. You may need to file a counter motion and claim temporary spousal support. Also look into placing a lprotective lien on the home in case it is sold.

4now. NewYorkr cannot brng charges against him. This would have to be done through the established criminal procedures through a grand jury indictment. The other problem would be whether the DA would take the case or not. This would depend on whether any corrobarating evidence, believability of the witnesses, etc. If I was the DA, I would charge the ex wife as an accessory to the crime.

Again, temporary restraining orders can be quite messy, yet very temporary. The husband did a classic job on filing for a protective order, more than likely by default, and then wrote this "get out of the house" order. This is used as pure intimidation by the ex. What he probably claimed on the temporary order and on the so called eviction notice was that she was only living there as a guest for friend, not as wife. Even if he did claim the spouse part, it is another intimadation tactic. However, who lives where is still, primarily, a divorce issue, not an eviction issue.

[newyorkr]

Oh you are so right.. The assault will be heard on the 18th In my heart I know I will win the case and hopefully his protective order will be thrown out. All this thats been happening is costing me a lot. The reason I asked in the beginning of this forum how to use the I-864. thank you so much for your reply. He took my life savings and I was so St**pd enough not to know he was seeing his ex I trusted him I am left with nothing.

[Sprint_girl07]

Wow, my ex and your guy must be related.

My ex got a DVPO against me while my one against him was being sorted out. His one was served on me first and me and son were evicted. He made out I was not his wife..just somebody living there, and it was amazing how he managed to get one because all it said was that I threatened to do a bobbit on him. No evidence of abuse or anything.

However..I had to wait 2 weeks before there was a hearing and provide proof or whatever.
My ex then made an excuse his lawyer was out of town, so it was delayed yet again. Then again..until finally it was dismissed because he filed in wrong county. (mine was correct county).
He tried to obtain another one from the correct county..to where he changed stories and made out I was someone trespassing. (I was back in house at that point).

When I got a DVPO this time around..he went and got one against me a few days later..with some more bs stories. He never tried to pursue it at hearing. I got one, he didn't.

Basically your husband is finding ways to keep you from the house, to stop you obtaining records and make your life harder than it is.

When you have the PO hearing..the judge will see whether there is an proof in what he says. You must show the evidence to what he did to you prior to this, hopefully they will see that it was retaliation.

If he transferred money from your sole account to his, without permission, not only the bank want to know about it, but FBI needs to know too.

I had similar problem myself recently..but no money was taken, but FBI said if husband takes your money from your account, then we need to know and they will act on it.

You can file for a temporary order, in fact it is best. The reason is that the judge will place orders on you, him or both of you. It isn't just about temporary spousal support, it is also anything else that the you or both need..and to what the Judge thinks.
For example..he may order both of you to sell an asset, to provide documents and so on.

[Sprint_girl07]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by newyorkr:
Oh you are so right.. The assault will be heard on the 18th In my heart I know I will win the case and hopefully his protective order will be thrown out. All this thats been happening is costing me a lot. The reason I asked in the beginning of this forum how to use the I-864. thank you so much for your reply. He took my life savings and I was so St**pd enough not to know he was seeing his ex I trusted him I am left with nothing. </div></BLOCKQUOTE>

Newyorkr,

What you must do, or when you can, obtain all those bank records back home if you don't have them now.
You need all the paperwork..originals to the money transfers, or however you did it.
This is crucial for not only now but also for your divorce trial. If he says that he paid you back, he will need to prove that. Just make sure you can prove that he took the money.

I know its hard right now, believe me Ive been there, but unfortunately there is not much you can do at this point until after that hearing. You need to file for divorce if you haven't done so and you need to file for a temporary court order as soon as possible. It could take weeks or months (like in my case) because your court could be slow or busy.

The I-864 did not do anything for me I am afraid. It really is only useful after a divorce. But as I said..when you take divorce settlements and so on into consideration, most do not bother with taking spouse to court over I-864.

Spousal support usually takes care of the financial side.

[newyorkr]

I moved out from the state where we used to live I am back in Ny. I may have made a mistake coz I filed a spousal support here. I dont want to go back to NC I have nothing there I am not from there here in NY I still have my apt which we had before I moved to NC.. I received the summons for spousal support he will get his this week I assume. If they throw it out then at least I made the inconvenience for him to travel here. I will file in NC when I go there for our next hearing for PO ( if they throw it out here)

[4now]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by newyorkr:
I moved out from the state where we used to live I am back in Ny. I may have made a mistake coz I filed a spousal support here. I dont want to go back to NC I have nothing there I am not from there here in NY I still have my apt which we had before I moved to NC.. I received the summons for spousal support he will get his this week I assume. If they throw it out then at least I made the inconvenience for him to travel here. I will file in NC when I go there for our next hearing for PO ( if they throw it out here) </div></BLOCKQUOTE>


He will not have to travel for the support hearing. He can do this by phone . All he has to do is request it.


You should have filed for spousal support in NC. He lives in NC, and so did you when the seperation occured. NC will be the enforcer of the order on him. AND YES, you should take the I-864 to your spousal support hearing as evidence that he signed an agreement with the federal govermnet to support you.

It is necessary for you to have the pOA agaisnt him enforced. You will need it for your case with immigration. and you will need to have his against you dismissed in court.

When is the assault case coming to trial. the DA has charged him with assualt correct?


@ Hudson

Read a little further, where I said the bank would be the one bringing charges If newyorkr has signed the affadavits at the bank that the transfer was not authorized, and records show that the money went into his sole account, then she should press the bank for return of her monies,. The bank will go after the husband via criminal charges . She has to be adamant and not waiver because they already think that she is part of the scam because of the passcode. In anyway, if she does not succeed here, she can always make a civil case against him in the courts.

[damadedias]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by newyorkr:
Oh you are so right.. The assault will be heard on the 18th In my heart I know I will win the case and hopefully his protective order will be thrown out. All this thats been happening is costing me a lot. The reason I asked in the beginning of this forum how to use the I-864. thank you so much for your reply. He took my life savings and I was so St**pd enough not to know he was seeing his ex I trusted him I am left with nothing. </div></BLOCKQUOTE>

If your heart is pure, God will help you achieve justice to what happened to you. I am an Asian woman ,too, and I came here for a fiancee visa so I suffered also the stereotyping of SOME Americans that I come here for a GC and not for love. Like you, I came also from a well off family in Asia but I think that is UNBELIEVABLE for Americans to believe that there are also foreigner fiancees or spouses to marry American men. What they have in mind always is that, a foreigner woman who comes to the US is after only for GC and they are all from very poor family. I hope and pray that SOME Americans will also set some exemptions to those foreigner fiancees who come here in good intentions and come here for the sake to join their fiances /husbands whom they love.

If there are BAD foreigner fiancees/wives, there are also BAD American fiances /husbands.

May we be blessed with FAIR judgment for each other.

[4now]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
One other thing. The I-864 is only for means tested government assistance. Doesn't really apply to spousal support. And, with the brevity of the marriage don't expect more than a few months worth anyhow, even if awarded. </div></BLOCKQUOTE>


I-864 will not be used to enforce spousal support, it will be used to establish relationship and responsiblity of such contract.

brevity of marriage will allow judge to go outside of guideline for $$ amount award. Nothing more. It will have nothing to do with how long she will receive spousal support. Spousal support is not alimony, nor is it alimony pendite unless divorce was filed. If the spousal support is awarded, it will go on until the divorce is final or until the spouse files to reduce or terminate the order. If it takes 3 years , then that is what it will be.

[4now]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
Not necessarily. Otherwise people with short term marriages could drag divorces out indefinitely to keep the money rolling in. Without any significant assets, seems as though there weren't it will be over quickly.

The duration of support is nearly always tied to time of marriage. In most states its at 50% of the time married up to the date of separation. And, since she is working that will be taken into account. There is no presumption that she can do nothing and sponge off him. She has already demonstrated an ability to be self sufficient. With that, don't expect much of anything. </div></BLOCKQUOTE>


Family law is not your strong point Dav. You seem to keep mixing spousal support with alimony. I have explained that they are not the same thing.

First of all, in order for spousal support to be awarded, the spouse must qualify based on the state guideline. If it is awarded based on medical, there is not much the paying spouse can do about it unless he takes it back to the court proving that a condition has changed. Otherwise that order will stay in effect until the divorce is final. the master can only go outside of the guidelines for things like brevity of marriage. he can adjust the award, but he cannot fix a time that such can be received. It will be up to the defendent to follow thru on divorce.


She will be getting a medical report from her doctor who I am sure will be prescribing medications for her depresssion and PTSD from the assault and the theft of her monies. She will be too devasted to continue working as her depression will get worse. She was brought here and fleeced by her spouse who cheated on her by adultery to pay off his ex house and live without mortgage. I see her having no problem getting spousal support if it is available to her . Not all states support spousal support.

It is not about sponging Davdah. It is having a chance to survive when the cards are dealt badly to one.

[newyorkr]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by 4now:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
The first mistake was keeping things separate to begin with.

Think about it. You were living in a place paid for by him. Going to school on his dime. Living off of him. Yet, wanted to keep 'your' money all to yourself. Seems to me you started the wedge yourself from the beginning. This is just the result of it. </div></BLOCKQUOTE>


Davdah


what is wrong with you man.. This is an attack without the facts.

This was her home and her funds. It is up to her if she wishes to share. She chose not to.

</div></BLOCKQUOTE>



Well, can you blame the husband for not wanting to share anymore either? Share or Un-share alike. With such a brief marriage and the fact he filed a restraining order, of course for no good reason!, there isn't much hope for anything. Seeing a doctor for suspiciously timed depression isn't going to help.

So she has to take menial job. So her lifestyle took a down turn. Well, so did a lot of people. Does that qualify all of us for prozac or zanax?

What she should do is leave him alone. He went back to his first wife with whom he has children I'm sure. Instead of trying to cause an intact family any more problems why not go home instead of trying to find ways to bleed him to death. If you want your money back. Well, figure out all the money he spent supporting you and bringing you here in the first place. If there is any difference then ask for that. That would be fair. </div></BLOCKQUOTE>

Blame? I lost all I had because he stole it. He scammed me and he had a game plan on me from day 1. I went to school to better our lives and make our lives comfortable remember the $ he stole from me was for a downpayment for supposedly "our"house but it was traced he paid off his ex wife house... Now youre saying to think about the money he spent? supporting me? I contributed. Big deal he took me here... It dont matter if we lived in Japan, Israel or London the point is he scammed me for everything I had and when He emptied my bank acct, He filed for DVPO aside from assualting me... ???

[newyorkr]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by damadedias:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by newyorkr:
Oh you are so right.. The assault will be heard on the 18th In my heart I know I will win the case and hopefully his protective order will be thrown out. All this thats been happening is costing me a lot. The reason I asked in the beginning of this forum how to use the I-864. thank you so much for your reply. He took my life savings and I was so St**pd enough not to know he was seeing his ex I trusted him I am left with nothing. </div></BLOCKQUOTE>

If your heart is pure, God will help you achieve justice to what happened to you. I am an Asian woman ,too, and I came here for a fiancee visa so I suffered also the stereotyping of SOME Americans that I come here for a GC and not for love. Like you, I came also from a well off family in Asia but I think that is UNBELIEVABLE for Americans to believe that there are also foreigner fiancees or spouses to marry American men. What they have in mind always is that, a foreigner woman who comes to the US is after only for GC and they are all from very poor family. I hope and pray that SOME Americans will also set some exemptions to those foreigner fiancees who come here in good intentions and come here for the sake to join their fiances /husbands whom they love.

If there are BAD foreigner fiancees/wives, there are also BAD American fiances /husbands.

May we be blessed with FAIR judgment for each other. </div></BLOCKQUOTE>

I believe God is with me... Thats all they think about GC thats just a process or piece of paper to be here legally.. I came her because of Love and wanted a life with my husband . I wanted my marriage to work .. I guess no matter how I tried It wont work because he would leave me as soon as hes done with me.. Its sad .. but I believe in Karma ..

[newyorkr]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by 4now:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by newyorkr:
I moved out from the state where we used to live I am back in Ny. I may have made a mistake coz I filed a spousal support here. I dont want to go back to NC I have nothing there I am not from there here in NY I still have my apt which we had before I moved to NC.. I received the summons for spousal support he will get his this week I assume. If they throw it out then at least I made the inconvenience for him to travel here. I will file in NC when I go there for our next hearing for PO ( if they throw it out here) </div></BLOCKQUOTE>


He will not have to travel for the support hearing. He can do this by phone . All he has to do is request it.


You should have filed for spousal support in NC. He lives in NC, and so did you when the seperation occured. NC will be the enforcer of the order on him. AND YES, you should take the I-864 to your spousal support hearing as evidence that he signed an agreement with the federal govermnet to support you.

It is necessary for you to have the pOA agaisnt him enforced. You will need it for your case with immigration. and you will need to have his against you dismissed in court.

When is the assault case coming to trial. the DA has charged him with assualt correct?


@ Hudson

Read a little further, where I said the bank would be the one bringing charges If newyorkr has signed the affadavits at the bank that the transfer was not authorized, and records show that the money went into his sole account, then she should press the bank for return of her monies,. The bank will go after the husband via criminal charges . She has to be adamant and not waiver because they already think that she is part of the scam because of the passcode. In anyway, if she does not succeed here, she can always make a civil case against him in the courts. </div></BLOCKQUOTE>

The assault willbe heard on the same day dvpo will be heard 2 wks from now. Then spousal support will be the week after here in NY
I dont have a copy of his signed I-864 he took all my documents at the house

Thank You so much for your support and advice ..

[Hudson]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">@ Hudson

Read a little further, where I said the bank would be the one bringing charges Roll Eyes If newyorkr has signed the affadavits at the bank that the transfer was not authorized, and records show that the money went into his sole account, then she should press the bank for return of her monies,. The bank will go after the husband via criminal charges . She has to be adamant and not waiver because they already think that she is part of the scam because of the passcode. In anyway, if she does not succeed here, she can always make a civil case against him in the courts. </div></BLOCKQUOTE>
4now,
It does not work that way. The bank does not bring charges against the the husband. From the OP statement, she said the detectives are looking into her computer of the possibility of spy ware. If this was the case, then we are talking about the use of the internet for the wire transfer or possibility of her estranged husband's ex wife portraying herself as the OP at the bank. In either case, the financial institution that sent the money is the innocent by standard. In their eyes, it was not their mistake if proper disclosure laws were met. Furthermore the receiving bank would need some legal document, not an affidavit, stipulating the money was illegally transferred into the bank account. In all likelihood, the OP's husband could be charged with wire fraud and/or money laundering. If the ex knew about this, then she could face charges as an accessory.

Another problem is where the OP's bank was located. If located in the U.S. then the bank would cooperate with any investigation. If not, then the problem get that more complicated. But here is the problem. If disclosure laws were met, then the bank considers it a proper transfer and now a sour grapes story between the OP and the estranged ex husband, not a scam.

@Newyorkr

If the money transfer was greater than $10000 or if either bank believed suspicious activity, there may be a chance to shed more light on the money transfer. Every bank is required to fill out a form called FinCEN 104 to report deposits, withdrawals, wire transfers, etc of monetary instruments greater than $10000 outside of specified business transactions. Have the detectives contact the Internal Revenue Service disclosure office, along with the proper forms, to request any and all FinCEN 104 forms with both your and your estranged husbands name. If under a criminal investigation, this can be done under IRC 6103 as a need to know. Also, fill out form 3949-A and describing your legal situation. Embezzlement is taxable under the Internal Revenue Code, ie the tax code. Criminal investigations of the IRS may look into this.

[a9b3h5]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Hudson:

@Newyorkr

If the money transfer was greater than $10000 or if either bank believed suspicious activity, there may be a chance to shed more light on the money transfer. Every bank is required to fill out a form called FinCEN 104 to report deposits, withdrawals, wire transfers, etc of monetary instruments greater than $10000 outside of specified business transactions. Have the detectives contact the Internal Revenue Service disclosure office, along with the proper forms, to request any and all FinCEN 104 forms with both your and your estranged husbands name. If under a criminal investigation, this can be done under IRC 6103 as a need to know. Also, fill out form 3949-A and describing your legal situation. Embezzlement is taxable under the Internal Revenue Code, ie the tax code. Criminal investigations of the IRS may look into this. </div></BLOCKQUOTE>

Not entirely true. Banks are only required to report in excess of $10,000 when a transaction is conducted in CASH.
http://en.wikipedia.org/wiki/C...y_Transaction_Report

Second, this poster is fake and making up stories. According to the story, the transfer was made using a computer. Any web based application that allows monetary functions will capture IP address as security measures. The detectives rather than looking at her computer will contact bank and obtain IP address. From there on it will be determined which ISP holds the IP block and that ISP will know which physical location was assigned that specific IP address at that given time and date. Third, Hudson you are undermining the intelligence of a detective by stating have detective contact IRS. Do you think detectives are not trained to use the tools available at their disposable? Or are you really shedding reality that our Government is a big failure including law enforcement agencies as clearly depicted by ICE and USCIS who knowingly and willfully continuously allow fake VAWA affidavits. Oh but wait a minute am I preaching messiah of VAWA to come out of shadow and see the reality? I think so.

[Hudson]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
So its assumed she will be too devastated to work! Trying to create a case for her, are we

Been down this road a few times already. And speaking from a practical point of view. It ain't going to fly. The sudden need for medicine will be seen for what it is, a ruse. The fact she was working will clearly show she isn't so devastated. Her only angel might be the issue of the money taken, maybe. A big maybe at that. You would be surprised at the amounts of money people can steal and for all intensive purposes get away with when its family doing the pick pocketing. Unless it was 7 figures don't expect any miracles.

As far as fleecing goes. What about the money he spent on her? Does that count? Or is just assumed there is a free ride? If she wants hers back then give his back too. That sounds fair. </div></BLOCKQUOTE>
And this is coming from someone who wanted, demanded, expected a prenuptial when you got married

Again, it is not about how much money he spent on her or how much she spent on him. It is quite common among couples with one or both spouses having separate bank account such as rainy day funds, or money inherited prior to a relationship.

It is obvious that the guy knew enough of her financial status before and during marriage that he knew how much money was in the bank account. But taking the money without telling her first, then lying about promising to pay it back, and then doing the hose job that he did on her, according to the OP's statement. What the guy saw when she inherited the money was $$$$$$$$$$ FIRST and as a very distant second. It was not his to begin with.

And now its time for Davdah to be the lab rat again. Why don't you take something from your wife without telling her, then lie, and then do the same hose job that the OP's husdand did. When you completed serving time in the California state pen, write a report about it.