Noorah101

I agree. I'm not really sure what an "escrow account" really is, but perhaps Steve and wife can set up a separate savings account, or even just one in the wife's name, and put a few thousand dollars into it to just keep it handy, just in case. They can each know what it's for, but it doesn't go on any kind of record exactly what for. It can be money for a rainy day...and their definition of a rainy day could be "the day I get a call from the gov asking for money back on food stamps".

As I mentioned, with income and savings it's not likely Steve would use means-tested benefits, unless he ended up divorced, homeless, jobless, and drained of all savings.

Rene

meauxna

Hotel Street, Honolulu can do that to a man.
You kids stay away from there on your visit, m'kay?

Figpep

Hello all. I am the one who is having trouble with signing the affidavit of support.

Steven and I have a prenuptial that says essentially that everything that is his is his, and everything that is mine is mine.

Signing this affidavit changes the flavor of our prenuptial says my attorney. He recommended an immigration attorney.

Furthermore doing a bit more research, I came across an article that would entitle any divorced immigrant spouse to be able to receive 125% of the federal poverty level as spousal support because of i-864. Here is the link to the article: http://findarticles.com/p/articles/m...g=content;col1

Thanks ahead for your comments.


Rebecca.

Rete

Welcome Rebecca

Much easier to get answers first hand. The article you are pointing to is valid, however, it is to be noted that the "support of 125% of the poverty guidelines alimony" is not the norm. Your husband has assets. He will not need alimony. A court takes into account the financial assets/income earning ability of the spouse before even considering allotting alimony. In fact, alimony is not given in many states of the union.

I realize that you are getting it from all sides, i.e. your family, your attorney, your husband and the USCIS, but you, and only you, should make the decision if your husband is a keeper and worthy of your trust. For that is what it comes down to isn't it? Do you trust your husband not to sue you for divorce and demand alimony? Do you trust your husband enough to know that he will hide is assets and seek means tested benefits? If you are married and have healthcare that takes care of one means tested benefits.

Of course, get all the legal info you need, but the decision is yours and based on your trust and respect of your spouse.

ian-mstm

Sheila and I also had a prenup agreement. Indeed... we still have it, and it's still valid. We've been married for 12 years now! The affidavit of support doesn't alter your prenup agreement - and everything that is his stays his, and everything that is yours stays yours. Further, it ONLY comes into play if your (then) husband avails himself of means-tested benefits. Concerning alimony, in 13 years of following this newsgroup, there has been exactly 1 report - out of many, many thousands, of an ex-spouse successfully suing for support at 125% of the poverty level - which, by the way, isn't all that much. In that specific case, IIRC, the ex had few, if any, assets coming into the marriage.

I understand your hesitation, but as Rete suggests, it's mostly a matter of trust between you and your SO. There are no guarantees in life.

Ian

Steve Homer

OK well Rebecca keeps researching and finds more horrors. Her family (including a lawyer!) says - "FOR GOD'S SAKE DON'T SIGN"

Me I am more and more fed up as I just "want to get on with my life" (latest irritation cannot get a Hawaii State ID without letter saying I 845 is being processed) .

Anyhow I am looking at bonds or insurance and I came across this:

http://www.visapro.com/Download/Immigration-Bond.pdf

I cannot find it on the USCIS site and suspect it does not exist any more. Is there a bond I can pay instead of an Aff of Supp??

I think Rebecca is now entrenched in her "I will not sign" mentality. It is not the government thing that worries her but possible alimony. "Why do you want me sign something that is going to make me support you at $15,000 a year for the rest of your life."

Is there any I 864 insurance out there?

Grateful for any thoughts.

TIA

Steve

PS She is convinced that, as I am here legally, there must be SOME way of being allowed to travel. Can you get parole WITHOUT doing the AOS? I am, after all still here legally surely they cannot lock me up for ever :-)

Noorah101

What's an I-845? You mean the I-864 Affidavit of Support? That makes no sense whatsover. The I-864 has nothing to do with you being here legally or not. Are you SURE that's a required document? Many people who come here via other visas don't even have an I-864 in the process, so makes no sense that HI would require such a thing. My husband got an AZ State ID by showing his passport with K-1 and unexpired I-94 inside. Try that. If your I-94 is expired, then yes, they will probably need some other form of USCIS documentation showing your right to be in the USA...such as your EAD.

NO.

NO.

NO.

You are right. You are free to leave the USA. You can abandon the AOS process and then return on a visitor's visa to visit, or start the immigration process over by doing an Immigrant Visa ... but that would also entail an I-864.

Rene

Noorah101

Has your I-94 expired yet? If your I-94 has expired, but you have not yet filed your AOS package, then you are currently in an overstay situation (and can be removed from the USA).

Rene

Noorah101

I just realize you probably mean I-485 here...the application to adjust status. Well, then that makes sense...your only proof of legal stay here is your I-94, and if it's close to expiring or has expired, the DMV wants proof that you are allowed to legally stay in the USA beyond that. Having the receipt from filing I-485 will evidently be sufficient proof for them. Unfortunately, you need to include the I-864 with your I-485 AOS package.

I suppose you file everything EXCEPT the I-864, get the USCIS notice saying they've received the AOS package, so you can show it to the DMV and at least have some ID.

You'll receive an RFE for the missing I-864, which has a limit on the time you can respond. If you don't respond to the RFE within the time frame given, your AOS case gets denied and you become removable from the USA.

Rene

scrubbedexpat099

There was a thread in the Immigration Forum in Unlicensed Practice of Law.

And here we have a case of Licensed Practice of Law, and a dufus Lawyer.

Somebody has to sponsor you, through marriage it is your spouse, through employment it would be your employer.

Millions of people are sponsored every year, I have come across cases where the spouse has not the financial resources and nobody to co sponsor but never one like this.

If she wont then she wont, time to work out your exit strategy.

Wonder if this could constitute a case under VAWA? A very long shot but the only option if you want to stay outside of the marital route.

Noorah101

Steve didn't say the lawyer was an immigration one. Sounded to me like it was just a family friend who happened to be some kind of lawyer...but I'm assuming not an immigration one, by the sound of it.

Steve...why don't you and your wife have a 1-time consultation with an immigration attorney so she can ask all these questions directly, in person, from someone who knows immigration law. She's obviously not believing us laymen here in the forum. It would be worth it to spend some money for her to hear it straight from an authority. There is no way around the I-864. But at least her fears will be settled when it's explained to her in person, what she's actually signing. Sounds like she still doesn't understand it.

Rene

Noorah101

It's called a "leap of faith" that you take when you marry someone. Some people want to take the leap, some don't. I guess she doesn't want to.

Rene

ian-mstm

With respect, it sounds like she has major trust issues. If so, it's time to cut your losses and leave her. The day you leave the US, she won't ever have to concern herself with the I-864 again... and you can file for divorce from the UK. Win-Win!

Ian

scrubbedexpat099

It is a very simple document, anyone calling themselves a lawyer is hardly going to have an issue with it.

fatbrit

It's time to cut your losses and walk. You don't have minor immigration issues; you have major relationship issues.