Announcement

Collapse
No announcement yet.

Enforcing I-864

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • dev199108
    replied
    sodium hypochlorite sanitizer

    Leave a comment:


  • MakeItRight!
    replied
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by SonofMicheal:
    Immigration attorneys will do anything for these scammers; they are willing to sell their soul !!! </div></BLOCKQUOTE>

    Immigrants = Bread and Butter!!! Zero Financial Gain From Assisting Truth, Justice, etc. Etc. USC, out Of The Loop!!! Worthless As Income Potential! However Immigrants Are Prime Rib Juicy!!!! $$$$$$$$$$$. Even From The Very Culture Of Their Own!!! Easiest Path For Trust!!! What Could Be Easier Than Knowing Ones Culture And Using It To Advantage! If One Goes to Another Country and Seeks Assistance? Would One Feel More Comfortable With Stranger? Or One Of Their Own??? BETRAYAL For $$$$$...!!!

    Leave a comment:


  • newyorkr
    replied
    Thanks - I havent filed divorce yet....

    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 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). </div></BLOCKQUOTE>

    Thanks Hudson.. I am planning to get a divorce after 6mos here in NY .. make him come to NY I had been in NC 4x the cost, of going back and forth for the assault charge.. I filed It had been continued till Jan. He had me arrested for 3rd party call for Dvpo he took against me.. My witness is from NY and he had to go to NC 2x on top of that he had me arrested for Breaking and Entering..the incident happend Aug I was not arrested that time and the cops took me home in the report no damage or nothing has been stolen etc.. But he had me arrested the night before I will be in court for the Dvpo hearing I was able to Post Bail and made my court date. Now you know how I feel. The reason I want it to be here in NYC and also he had no evidence or proof for the violation of Dvpo. My lawyer asked his lawyer to liosten to the recording he had.. It didint say anything that I Asked a third party to call him.
    Yesterday he called my witness from his lawyers office but my witness hanged up on him
    Thanks again ....

    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:
    Good Morning ! and thanks for your advice ,, I have registered to go back to school here in NY. Financial Aid. I have to have a career to be able to have a decent job.. I am looking for P/T jobs.. its tough out there but Im trying .. Also what will happen now that he has been subpoenaed to come here for the temp SS I filed? It says on the summons if he doesnt appear he will be arrested. Does he have to appear and argue jurisdiction?

    Thanks again- I will be in NC tomorrow for another case (assault and PO) I will inquire with my lawyer
    Thanks again </div></BLOCKQUOTE>
    First, I have every confidence that you will find a job that should help, at least, with your immediate living expenses and school. It will be rough at first, but you will persevere through this ordeal. Just do not be discouraged by some of the posters here.

    As with the spousal support, more than likely, it will be remanded to the NC divorce court for proper jurisdiction. His attorney will more than likely file a motion to dismiss your spousal support request. But there may be a chance if it is an emergency for you to meet necessary living expenses. This could inclde reimbursements for any expenses incurred while traveling to and from NC since that is the state where divorce would more likely be granted.

    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 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). </div></BLOCKQUOTE>

    Good Morning ! and thanks for your advice ,, I have registered to go back to school here in NY. Financial Aid. I have to have a career to be able to have a decent job.. I am looking for P/T jobs.. its tough out there but Im trying .. Also what will happen now that he has been subpoenaed to come here for the temp SS I filed? It says on the summons if he doesnt appear he will be arrested. Does he have to appear and argue jurisdiction?

    Thanks again- I will be in NC tomorrow for another case (assault and PO) I will inquire with my lawyer
    Thanks again

    Leave a comment:


  • federale86
    replied
    Get a freaking job you lazy welfare recipient.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Immigration attorneys will do anything for these scammers; they are willing to sell their soul !!!

    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 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.

    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 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).

    Leave a comment:


  • Sprint_girl07
    replied
    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.

    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 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

    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 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-

    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:
    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.

    Leave a comment:


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

    Leave a comment:

Sorry, you are not authorized to view this page

Home Page

Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

EB-5

移民日报

About ILW.COM

Connect to us

Questions/Comments

SUBSCRIBE

Immigration Daily



Working...
X