Enforcing I-864

[4now]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by swissnut:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by 4now:
One more thing, you came on a fiancee visa, so you cannot remarry another usc without first returning to your homeland. It is important for you to get your 10yrs card. </div></BLOCKQUOTE>

I don't believe this is true, but I do agree that it is important that she get conditions removed from her green card. The terms of the K-1 visa were satisfied when she married the petitioner and filed the initial adjustment of status application, which was approved with "conditions". </div></BLOCKQUOTE>



"The law provides only three options to one whose most recent admission into the U.S. was granted in K-1 status: adjust status based on marriage to the K-1 petitioner, file a legitimate application for asylum, or leave the country. People in K-1 status who either do not marry the K-1 petitioner or do not adjust status based on that marriage (and who have no legitimate asylum claim) should retain an immigration attorney to analyze their case and recommend how to handle their departure (or how to make the best of the situation in the event that the foreign national decides to remain in the U.S. in violation of law)."


<span class="ev_code_RED">Well you could be right Swissy.. My interpretation was that one had to have a permanent card in order to overcome this hurdle. I will check it out, as I dont want to misinform anyone. </span>

[Hudson]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by newyorkr:
Yes He paid it the same month he took the $. I know his mortgage co.My lawyer is doing a paper trail
I hope the DA will nail him down for the assault. he says hell say I falsely accused him.

Then a wk later we will have the spousal support thats why I want to base it on my I-864 ..I just had my first credit card. Payments where debited form our joint bank acct but he closed it.. Now im delayed plus checks were returned because he closed it. I dont want to mess my credit.. </div></BLOCKQUOTE>
Newyorker,
Did the two of you file jointly on your last tax return? If so, you may be able to obtain some information of his W-2's and other information and use it as secondary evidence in the spousal support. YOur lawyer will need to explain the immigration process and that the I-864 is necessary. Furthermore, file a Freedom of Information Request to USCIS on the file. This is free, except for the lawyer fees, and there may be a chance. You can specifically request the I-864. What I am worried about is what your husband would do. If he thinks he could get away with it, he may have another I-864 showing not that much income or assets. thus indicating he has no means of financial support of you. Or he could refuse to provide the I-864.

However, My hunch is he will say "I am broke" and "I have no job" and "You have more assets than I." What i am worried about are those rental properties. Legally, he could exclude the rental income if the title of the property is under an LLC name, not his name. YOur lawyer will need to do a deed search using your husband's name and the property that you know about. All you need is the physical address.

[newyorkr]

Hi- Thank You , We both filed joint in our W2 I did have an immigration lawyer but She wont give me the copies of the I-864 and other documents.. She said no matter what youre doing dont use the I-864. The reason I would just get it from USCIs.. I will USCIS today on how to get the freedom report..Thank You so much for info.
The rental was claimed on our W2 , but it was transferred to his x name by now.. after he paid it off, Yes my lawyer who is doing the PO and B&E are looking into it. deed search.
I will need another lawyer here in NY for the spousal support. I am so drained and so upset with all these. My mistake was I filed spousal support here, We both have been summoned by the end of this mo. I dont know if he will come to court. Jurisdiction , but gain I have nothing there, He filed a PO against me had me arrested for B&E the eve of my court appearance.. You know. I cannot keep going down there.
Thanks again

[Sprint_girl07]

Hi again newyokr,

I am afraid to tell you that obtaining the documents from USCIS is going to be a long wait.

When I first asked for copies of my documents over a year ago, I was told it would be 16 months before I got them. They explained that unless you are in front of an immigration court, you would be put in line which at the time was a long line before they got around your case.
I didn't bother as I needed them immediately. However had I known my divorce would be so long, I would have requested them back then.

I asked again some months ago and this time around they told me it will be at least 12 months.

I am not sure if they are any quicker now but please be aware that it's highly unlikely that you will get copies of your documents that quick. They don't consider a divorce as important than immigration court cases.

Request them anyway, even if you can't get them soon, it is best to have them if you need them for the future.

You can email them to get a rough idea of the time frame if you like.
They answer back quite quickly which is amazing lol

Good Luck

[Brit4064]

No surprise Sprintie, the USCIS doesn't do anything quickly!

[Sprint_girl07]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Brit4064:
No surprise Sprintie, the USCIS doesn't do anything quickly! </div></BLOCKQUOTE>

I'd hate to see their filing system lol

[Brit4064]

If it's anything like you divorce case, it will be decades before anything would happen

[newyorkr]

why is my immigration lawyer not giving me a copy of my documents that we had submitted at USCIS.

[ALLFAIR]

SiN HaS MaNy tOoLs, BuT A LiE Is tHe hAnDlE WhIcH FiTs tHeM AlL.

[Hudson]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by newyorkr:
why is my immigration lawyer not giving me a copy of my documents that we had submitted at USCIS. </div></BLOCKQUOTE>
the immigration lawyer works for your husband, not you. The reason, your husband is the one responsible for petitioning you to become a permanent resident, not you, under the I129F or I-130 adjustment of status process. However, if the court requests copies, then the lawyer would be required to give to the court clerk,

have your attorney subpoena the document to the immigration lawyer. of your husband.

[newyorkr]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Hudson:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by newyorkr:
why is my immigration lawyer not giving me a copy of my documents that we had submitted at USCIS. </div></BLOCKQUOTE>
the immigration lawyer works for your husband, not you. The reason, your husband is the one responsible for petitioning you to become a permanent resident, not you, under the I129F or I-130 adjustment of status process. However, if the court requests copies, then the lawyer would be required to give to the court clerk,

have your attorney subpoena the document to the immigration lawyer. of your husband. </div></BLOCKQUOTE>

Thank You-

[newyorkr]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
Did the lawyer refuse to give them to you? If so what was their justification? </div></BLOCKQUOTE>

She said I can give you your W2s but not the I864 copies. No matter what you do family court or criminal court do not use the I-864 .. I think Hudson was right when he said they work for my husband not me. Is that possible? I dont know ..I dont have a lawyer yet for this asking for temporary support. I have a family law lawyer for the PO and assault which is in NC. Do u think I need one for this here in NY?

Thank You

[Sprint_girl07]

Newyorkr,

I would suggest if the immigration lawyer does not give copies of your documents, including the I-864 then as Hudson suggested, have them subpoenaed.

It does depend on the divorce Judge, whether he will consider the I-864 or not to decide on temporary spousal support. It also depends on the State too if they give SS.
If you do not have the means or enough to live on even with working, you can bring up the I-864 to the Judge. Some divorce Judges will look at it and help with their decisions.

Now there is something else you should also bring up, that under the Immigration rules, you cannot obtain any benefits for the first 5 yrs of receiving that Green Card.
However, some States do override this and can give some benefits, but then may ask your Spouse back for the money. Your Spouse or his lawyer may say to the Judge that you can get benefits if needed, but this isn't always the case, and at the end, why should you? He agreed that you wouldn't and if you are in that situation not being able to make ends meet, than he should be responsible not the Government.
Remember this is only temporary.

If your State is like mine and do not, than in a way that can help the Judge consider Spousal Support.
Usually what they will do is take your income and expenses and then see what you need still. Your income ability and other factors.
Your husband may only have to pay a small amount just to bring you above poverty level or just enough for you to get by. Or they may ask him to carry on paying certain marital debt instead or both.

Each divorce court and Judge are different, but that is usually the basis.

But you also have to know that it will also depend on your husbands income and whether he can pay Spousal support or not. All this is taken into consideration for temporary Spousal support and your spouse at anytime can ask for it to be modified if situations change.

Get the copy from your immigration attorney, it is better to have it than not have it at all.

Do you know if it was all based on his income only or did he use assets too on the affidavit?
The Judge could ask for a marital asset to be sold to release equity if any, to help you both financially if income is a problem.

I don't know for sure as it depends on each State, but I think you will have to file the divorce in NC as that was where you resided and haven't lived in NY for 6 months or more.
Usually the divorce Judge will deal with the Spousal Support too, as they tend to deal with everything connected to the case.
It is best to find this information out first before you pay out money for it to be dismissed under jurisdiction.
Check out NC divorce law first and NY to see where you stand.

[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 davdah:
Did the lawyer refuse to give them to you? If so what was their justification? </div></BLOCKQUOTE>

She said I can give you your W2s but not the I864 copies. No matter what you do family court or criminal court do not use the I-864 .. I think Hudson was right when he said they work for my husband not me. Is that possible? I dont know ..I dont have a lawyer yet for this asking for temporary support. I have a family law lawyer for the PO and assault which is in NC. Do u think I need one for this here in NY?

Thank You </div></BLOCKQUOTE>
For you to file in New York State to petition for divorce, you would have to be a continuous resident for 2 years or longer if you did not marry in the state or the cause did not occur in the state (NY Domestic Relations Laws - Article 13 - Sections: 230 and 231). Thus, you would need to obtain a divorce lawyer in NC and have them subpoena the I-864 document through NC divorce laws. However, have the divorce lawyer subpeonae all documents relating to support including current income and financial status. This will be the best option to make a good argument for spousal support.

As Sprint said, it will depend on the divorce judge. Your divorce attorney will need to explain that immigration law, ie I-864, must also be met and that the divorce outcome cannot be construed in such a way to jeapordize your immigration status and obligation by both parties (you and your husband).

[Hudson]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
The immigration lawyer doesn't necessarily work for who paid them. Many, although they don't make this clear, are representing the immigrant regardless who pays for it. However, the documents specific to the husband may be privileged information to him alone.

It may not be that important to focus on the support since the marriage duration was so short. In most cases you may get money for up to 1/2 the time of the marriage. Maybe less depending on your own work history. The bigger pie is the money used on the property. </div></BLOCKQUOTE>
Davdah,
It is not so much, when, or who pays the immigration attorney, but when it comes to adjustment of status, the immigration attorney is privy only to the petitioner, ie works for the petitioner.