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I'm considering divorce from my permanent resident spouse (he has the 10 year green card). I've supported him for almost 7 years, while not receiving "marital benefits." He refuses to go for marriage counseling. Has anyone here ever had to support their ex for the 10 years required by the I-864? He has no desire to become a U.S. Citizen. I've basically been his meal ticket for 7 years, and I'm tired of it.
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I'm considering divorce from my permanent resident spouse (he has the 10 year green card). I've supported him for almost 7 years, while not receiving "marital benefits." He refuses to go for marriage counseling. Has anyone here ever had to support their ex for the 10 years required by the I-864? He has no desire to become a U.S. Citizen. I've basically been his meal ticket for 7 years, and I'm tired of it. -
10 years? Although divorce before determination disqualifies any contributions that the USC spouse has made, it doesn't invalidate any he's accumulated. Hasn't he accrued any of the 40 quarters required yet?
There was a recent case in Pennsylvania, called Stump v Stump where the Federal court affirmed a decision to award the alien ex-spouse the difference between earnings and the 125% poverty guideline level as liability that the obligation that the US citizen made under the Affidavit of Support. The alien sought this in lieu of alimony.Comment
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Hi, Swissnut.
He is self-employed for the last 7 years, not making much money. But we have filed joint income tax returns for the last seven years. Would this mean he has accrued 28 quarters?
Also, sorry if this a dumb question, but what do you mean about "contributions that the USC spouse has made'? Thanks for the reference to Stump v. Stump--will try to look it up. Thanks also for your quick response!Comment
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If the alien and his/her US spouse earn a certain amount of income in a month, upon which they make regular social Security tax payments, then one can accrue up to, but no more than 4 quarters per year, as long as the income threshholds are met. Don't quote me on the amount, because my last recall was some time ago and that figure was equivalent to earning $830.00 a month, I think.
If your spouse was self employed, then *he* is the employer and as such is responsible for making those contributions on behalf of his employees (and himself), or in the case of someone who files an annual personal tax return and claims the net business profits as his income, he would declare the net biz profits on a Schedule SE attachment to his personal 1040 form and pay the requisite tax at year end.
For regular employees, this contribution is taken out of the gross wages on each paycheck and remitted by the employer (plus the employer's equal share) to the SSA.
While the parties are married, the alien can meet the 40 quarters by also adding his working spouse's quarters from the time the I-864 went into effect. If the parties divorce before the SSA determines that the I-864 has been satisfied, unfortunately, the spouse's contributions are no longer valid.
More can be found on this by *googling* the Social Security Administration web site and doing a text search for "40-quarters work" requirement.
Stump v. Stump is discussed here. I think I found it on Westlaw as well.
http://www.ilw.com/articles/2006,0110-wheeler.shtmComment
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Yes it has been enforced but only if he goes on welfare; I doubt he would do thatComment
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