Divorce and Sponsor's obligation...please need help

[Sprint_girl07]

Theone thank you!

Regarding healthcare though, US residents/citizens cannot all get free healthcare like the UK.
Over here you need health insurance, otherwise you are stuck. I know some people can get something free here if they are on benefits or something , but anyone can get free healthcare in UK, whether working or not.
Of course all paid through taxes.

I would complain about the healthcare system when I lived in UK, but no more since living here. I'd rather know that if something life threatening happened to me or needed surgery, I know that I would not have to worry whether I could afford the treatment or not.
I feel for so many people here who are suffering because they cannot afford healtcare and can't afford their treatment.

[Sprint_girl07]

Sorry to your question, yes I do have a 10yr GC

[ntfd3]

he signed the 864. HE HAS to keep u financially even after the divorce - ITS LAW!!! You also have to go back to court every year to get it assessed again. U cant become a burden to the US tax payers.. NO they dont get it from him. You take him to court and get it !!!!!! I hope u kept copies of the paperwork

Go to Britishexpats.com - Its the brit site and they have a couple of lawyers in there that can help u. There is a thread going on at the mooment in family based visas, its one of the most recent ones subscribed to daily about this topic where the immigration lawyer has posted some comments just on this subject.

u will be ok, pm me if u want !

[Sprint_girl07]

Thank you ntfd3!

Finally someone has heard about it! Thank you I will go and have a look.

[4now]

Hi sprint girl

How did this post turn into what it has. Posters please get back to the issue at hand.

thank you for your answers,
yes, I am glad you found the links

One more question. Is your state a state that has spousal support? If so. apply for support , and use the 864 as justification.

[Got_Faith]

Originally posted by ntfd3:
he signed the 864. HE HAS to keep u financially even after the divorce - ITS LAW!!! You also have to go back to court every year to get it assessed again. U cant become a burden to the US tax payers.. NO they dont get it from him. You take him to court and get it !!!!!! I hope u kept copies of the paperwork

Do you know how it works if the USC who sponsored + signed the aff. of support (864), and alien divorce (alien claiming 'extreme cruelty') THEN the alien gets married again ? Would the NEW spouse have to then sponsor the alien ? It seems that's how it should work, but I'm uncertain.

Thanks
Got_Faith

[Theone]

Originally posted by Got_Faith:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ntfd3:
he signed the 864. HE HAS to keep u financially even after the divorce - ITS LAW!!! You also have to go back to court every year to get it assessed again. U cant become a burden to the US tax payers.. NO they dont get it from him. You take him to court and get it !!!!!! I hope u kept copies of the paperwork

Do you know how it works if the USC who sponsored + signed the aff. of support (864), and alien divorce (alien claiming 'extreme cruelty') THEN the alien gets married again ? Would the NEW spouse have to then sponsor the alien ? It seems that's how it should work, but I'm uncertain.

Thanks
Got_Faith </div></BLOCKQUOTE>

There are 5 get out of jail cards if you are on the hook as a Sponsor, re-marriage is not one of them.

[Theone]

Originally posted by Sprint_girl07:
Theone thank you!

Regarding healthcare though, US residents/citizens cannot all get free healthcare like the UK.
Over here you need health insurance, otherwise you are stuck. I know some people can get something free here if they are on benefits or something , but anyone can get free healthcare in UK, whether working or not.
Of course all paid through taxes.

I would complain about the healthcare system when I lived in UK, but no more since living here. I'd rather know that if something life threatening happened to me or needed surgery, I know that I would not have to worry whether I could afford the treatment or not.
I feel for so many people here who are suffering because they cannot afford healtcare and can't afford their treatment.

US Gov actually pays more per person for health care than the UK Gov does. Weird but true.

The difference in the US is that only certain groups qualify. A review of comparative drug prices helps understand why so much is paid for so little.

[Theone]

Originally posted by Sprint_girl07:
Sorry to your question, yes I do have a 10yr GC

So you are pretty bulletproof as far as his threats are concerned. USCIS is not exactly short on complaints from disappointed spouses. I am sure they file them, to acton they would need something well out of the ordinary and substantive evidence to support it.

You either could naturalise, or will be able to soon. If you do that does end the Affadavit of Support.

[Got_Faith]

Originally posted by Theone:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Got_Faith:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ntfd3:
he signed the 864. HE HAS to keep u financially even after the divorce - ITS LAW!!! You also have to go back to court every year to get it assessed again. U cant become a burden to the US tax payers.. NO they dont get it from him. You take him to court and get it !!!!!! I hope u kept copies of the paperwork

Do you know how it works if the USC who sponsored + signed the aff. of support (864), and alien divorce (alien claiming 'extreme cruelty') THEN the alien gets married again ? Would the NEW spouse have to then sponsor the alien ? It seems that's how it should work, but I'm uncertain.

Thanks
Got_Faith </div></BLOCKQUOTE>

There are 5 get out of jail cards if you are on the hook as a Sponsor, re-marriage is not one of them. </div></BLOCKQUOTE>

Thanks Theone... I kinda knew I'd hear that response. For some reason, I thought it might make a difference since the alien made a claim of 'extreme cruelty' which was not true. This person KNEW to use those charges so they'd be able to file as battered spouse...so to remain in the USA.

One might think that a new spouse would have to take over responsibility. Oh well !

[Got_Faith]

One more thing... While looking at the USCIS page regarding Naturalization Requirements... not only does this alien fail the 'good moral character' test... the residency requirements weren't met either:

"The applicant has been married to and living in a valid marital union with the same U.S. citizen spouse for all three years" ...which didn't happen

From what we know, the last document received was a notice that the I-181 (creation of LPR) was approved. This too was more than three years ago...which makes me believe that the alien is, or should be out of status ! BUT, because there's a new spouse involved, that might change things.

Talk about complicated!

[Klavier]

Pls see these:

Moody vs Sorokina

Stump vs Stump


Cheshire vs. Cheshire <--- Cheshire vs. Cheshire.

Pls note: Court has consistently found in favor of the immigrant.

YES (pls pardon my English becaus it is not my first language) - basicaly, your ex husband has a legal obligation to support you. Legaly, even though his agreemnt was with the goverment, you are a third-party beneficiary (many spell checkers needed for that word..!) and there is a specific part of the I-864 which allows you to sue him.

Pls feel free to pm me if you need more help - I'm in similar process, and my lawyer has been so helpful!

[SonofMichael]

These cases were wrongly decided and would be overturned on appeal. It does show a disgusting disregard of the law. There is never a conract that a third party can collect by its breach. Nevertheless, read the last section. I always reccomend the pre-nupital agreement and I thank God that I had one. And this applies not only to the foreign scammers but the American ones at well. My friends STBX burnt down his house killing his cats and she is an American so women are wacky and greedy no matter what nationality !
This Stump guy also messed up by not seeking a finding of fraud; always get a finding of fraud in your divorce, it is so helpul especially for this reason.

GET A PRENUP !!!
GET HER DEPORTED !!
GET A NEW YOUNGER WIFE !!!

"At the same time, it is important to provide a realistic assessment of the probability of actions to enforce the affidavit of support. The author is not aware of any successful actions to obtain reimbursement for means-tested benefit programs obtained by the alien, largely due to the following: (1) sponsored aliens are barred from receiving these benefits for a five-year period in most jurisdictions; (2) after this five-year period, the income of the sponsor is deemed to the alien in determining financial eligibility; and (3) most states have not implemented a system for seeking such reimbursement in cases where the alien does access benefits. Over the course of the last nine years, only a handful of actions have been brought against sponsors by the sponsored alien, and all have been by disgruntled spouses.

Finally, consider drafting a separate agreement where the sponsored alien renounces any claim against the sponsor for maintenance under the affidavit of support and agrees to indemnify the sponsor should the alien access any means-tested public benefits. This would resemble a pre-nuptial agreement, and would need to identify the consideration that both parties are receiving. Such separate agreements have not been enforced or challenged yet, and the main question is whether they will be found to violate public policy. "

[Sprint_girl07]

Davdah,

I totally understand your questioning and your thinking on this matter because of your situation and of course there have been many immigrants doing that.
However, I don't want to give all my personal details on here, the ins and out, but if I did you and everyone else would understand a lot better and you will see that I am no immigrant who came over and tried to take my husbands money etc.
I did post before that our assets are ours, not his. My money from England was put into those assets. Asked me to get loans etc so MY money could be used to purchase or help start the business etc..
Once living here permantly, it was more of a...you can't have your name on this or that because you need to be a citizen and a load of other BS answers, to which I believed him.

If he walked away from the business would it still run..yes it would and a lot better too.
As I am not there, no it isn't run as well.
He is good at telling people what to do, (treating employees like slaves) and taking credit for all the hard work.

Why should I not be paid for working? He stopped me obtaining a gainful job elsewhere, he wanted me to work at our business.
I would go out there now and get a job if I could, but living in a rural area, no car, no transportation, no money, no lots lots of things, I need something to get me to obtain those things, so I can go out there and support myself.

I don't think you or anyone would want to work at your family business for nothing for years. How would you feel, if you had to ask your wife, could I have some money please so I could go and get a coffee, or lunch...and they say, ok here is $1. You come back and they say..how much was it and give me the change.

I worked hard, maintained the house, and large land. And I don't even have any money all these years? If I needed something, I had to ask him, and I might get it, if he felt like it.
This is not a marriage! I would never treat anyone like that. He took all my money to get where he is today, and I have nothing.

My son's father passed away, to your question.

To all the people who have been hurt by immigrants, please don't think all of us are the same. If I was an American you would go crazy if I was treated the way my husband treated me, but as I am an immigrant, it doesn't matter how I have been treated, and automatically I am a scam artist etc..

You also go to realise..to come here, I had to give up everything I had back home, and leave my family, leave all my friends, and it was the hardest thing I had to ever do. Its not easy to immigrate. I had to make the decision, my life as I knew it, safe and happy, or go to the USA with my husband so we could be together permantly and have a happy life, but in a place that was alien to me, and knew nobody.

I chose my husband of course. I would have gone anywhere in the world with him, because my vows were important and I loved him.
I was the only one who sacrificed everything, he didn't, and instead got so much more by marrying me and us living here.

So please...stop saying me or other genuine people are scammers. If I can't have what is rightly mine, then I have no other choice then go down the affidavit route, so I can get out there and support myself, and not have to worry where I am going to get food.

[SonofMichael]

Don't bother tryng to make sense with this person. To her, everything is "free" and spreading her legs to get a green card is "working" (well in her case it is !). Everyone knows that business owners do not get "paid" or collect a salary, that is wy they are business owners and not employees. But don't waste a single breath explaining that to her. She keeps blaming her ex for all her problems and belive me she always will for the rest of her miserable life. She keeps claiming that she wants to work and stand on her own, yet wants to know how to hold on to her ex and keep him supporting her rather than looking on the job boards. So you see its not about how she can become independent and lead a fulfilling life but who she can leach off of. Her ex husband died, he probably committed suicide rather than living with her.