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Enforcing I-864

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  • 4now
    replied
    <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.

    Leave a comment:


  • damadedias
    replied
    <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.

    Leave a comment:


  • 4now
    replied
    <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.

    Leave a comment:


  • newyorkr
    replied
    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)

    Leave a comment:


  • Sprint_girl07
    replied
    <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.

    Leave a comment:


  • Sprint_girl07
    replied
    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.

    Leave a comment:


  • newyorkr
    replied
    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.

    Leave a comment:


  • Hudson
    replied
    <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.

    Leave a comment:


  • newyorkr
    replied
    It was an online transfer... The detectives have my computer checked we havent filed yet because they want to have all the documents and proof .. We are filing by mid Dec. He assaulted me on a Thurs... No I did not file a dvpo. Fri when I came home he left me a letter stating he closed bank account.. scheduled my utilities to be turned off , in 3 days and He gave a 30 day notice in our townhome. We dont have a lease .. its a mo to mo rent . I was served then a DVPO Sat. I havent seen him since the assault. I moved out. I cant pay my rent. Im in NY now I dont have a copy of the I-864 he took all documents when I was out Fri what is domestic relations? You mentioned to force him I can get a copy?
    I will start to see a Dr for depression will that be allowed in Ny court?

    Leave a comment:


  • a9b3h5
    replied
    4NOW you are blindly believing that newyorkr is honest. How do you not know the story is fabricated to obtain advise on I864 enforcement? Have you seen any evidence to the contrary or proving what she is alleging?

    In an immigration world, all are fraudsters until proven otherwise. So by that token she is one of the fraudster.

    Leave a comment:


  • 4now
    replied
    <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.

    How do you know that she is living in a place paid for by him? She has money and may be contributing . How do you know that she is going to school on his dime? she has money and she also has a greencard and can get student loans etc.

    According to her story, it seems like a clear cut story of scam by the usc to take her money and make things work with the ex. He stole the money. This was not money in a joint acount that was legally taken by execising joint ownership. He stole the money.


    @newyorkr


    There are some discrepancies in your story. first,, why have you not brought charges against your husband for theft of funds from the account in your name? Well, actually the bank would be bringing the charges. Was this an online transfer?

    2nd If your husband assaulted you and the police were called, I am sure that the police advised you to file a protection of abuse order so that he would not be allowed back into the house. Yet you are saying that he got out of jail and filed an order against you?
    These orders are taken seriously, and they do not even enact temporary ones without credible evidence or testimony. Have you since filed a protection order against him?

    What is this 30 day townhouse notice bit? Did you just rent the house, and were you only on a month to month lease or what?

    If this was a real assualt, he is looking at jail time.

    You are looking for advice in the wrong place here. You need an immigration lawyer with background in family law to advise you. I suspect he will be filing a divorce . You have a conditional greencard. The conditions will have to be removed. You have a short term marriage from the first interview. It will be difficult to get a greencar filing on good faith marriage. You best option will be to remove conditions based on physical and emotional abuse. (theft of monies and cheating with ex wife.) Just make sure you document everything and have evidences to support.

    You most likely cannot get spousal support unless you are ill. Emotional and depression will qualify. Start seeing a Doctor for treatment of your depression which I am sure has set in. If you live in a state that has spousal support, apply and also get a copy of the I-864 to bring to court . Have the domestic relations force him to supply copy of the immigration papers and I-864 during the conference or court hearing.


    What is the deal with the townhouse? You are not on the lease, ? If you are, cancel the 30 day notice.

    Good Luck, and see an attorney right away to protect your rights.

    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.

    Leave a comment:


  • newyorkr
    replied
    It was from my account back home and I just had that account with me since... Bank of America.. I had that property inherited from my parents. We were suppose to buy a home and I would help in the deposit.. It was saved for our future home. Until we find something. I woulod be dome by school and I would help with the mortgage. That was not for myself he knew that from day 1.. The reason I sold the property .. to get one here. Not for myself alone.

    Leave a comment:


  • newyorkr
    replied
    <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...

    Leave a comment:


  • SonofMichael
    replied
    The I-864 is for the government's benefit, not for yours; you are a scam artst

    Leave a comment:


  • MakeItRight!
    replied
    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????

    Leave a comment:

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