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Affidavit of Bloody Support

Affidavit of Bloody Support

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Old Oct 14th 2010, 1:45 am
  #61  
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Default Re: Affidavit of Bloody Support

Originally Posted by fatbrit
It's time to cut your losses and walk. You don't have minor immigration issues; you have major relationship issues.
Yep.
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Old Oct 14th 2010, 2:21 am
  #62  
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Default Re: Affidavit of Bloody Support

And if you still fancy living and working in Hawaii, run a VAWA self-petition through an immigration attorney.
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Old Oct 14th 2010, 5:01 am
  #63  
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Default Re: Affidavit of Bloody Support

Oops sorry guys - I meant I 485 Adjustment of Status thingy.

Oh you are an unromantic bunch. I am not trying to get out of the relationship - more I am trying to settle further into it. I want to stay with the mad, paranoid daft bint. She may be a PITA but she is my PITA!

Even with the rows about Aff of Support and another half dozen matters we row about, she is still the best SO I have found in a long time, just a "little" difficult. I want to get this all done to get to more stable waters and, hopefully, life will calm down a bit. And yes it is a trust matter.

My worry is if we go to a lawyer she will just mistrust the answers. For every 50,000 I-864s that go through there must be 5 that go tits up. She is finding these and saying ah ha see what trouble this can cause. But I guess it is the only route.

Ah well, maybe I'll just have to be patient and never leave the country or work again! (I have a novel to finish anyway.)

As to being an overstayer, I thought as long as I got married within 90 days on a K1 I was OK to then stay in limbo as long as I do not work or leave the country. Am I mistaken? Do I HAVE to apply for an Aos?

Once again thanks for all the advice and ideas.

ATB
Steve

PS This is the bit that causes the problems:

What Does Signing the Form I-864 Require Me to do?
If an intending immigrant becomes a permanent resident in the United States based on a Form I-864 that you have signed,then, until your obligations under the Form I-864 terminate, you must:
--
Provide the intending immigrant any support necessary to maintain him or her at an income that is at least 125 percentof the Federal Poverty Guidelines for his or her household size (100 percent if you are the petitioning sponsor and areon active duty in the U.S. Armed Forces and the person is your husband, wife, unmarried child under 21 years old.)


Apparently this has formed the basis of a couple of alimony settlements even in circumstances where the parties have signed a pre nup.

This all stinks. Why can't I just post a bond? I hate this stoopid process!!!!
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Old Oct 14th 2010, 5:11 am
  #64  
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Default Re: Affidavit of Bloody Support

After 90 days you are out of status and deportable.

Another 180 days and you have a 3 year ban on re entry.

After a year it ups to 10 years.

Do you really want to spend your life looking over your shoulder?

And where do you get those numbers from?
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Old Oct 14th 2010, 5:14 am
  #65  
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Default Re: Affidavit of Bloody Support

Originally Posted by Steve Homer
Oops sorry guys - I meant I 485 Adjustment of Status thingy.

Oh you are an unromantic bunch. I am not trying to get out of the relationship - more I am trying to settle further into it. I want to stay with the mad, paranoid daft bint. She may be a PITA but she is my PITA!

Even with the rows about Aff of Support and another half dozen matters we row about, she is still the best SO I have found in a long time, just a "little" difficult. I want to get this all done to get to more stable waters and, hopefully, life will calm down a bit. And yes it is a trust matter.

My worry is if we go to a lawyer she will just mistrust the answers. For every 50,000 I-864s that go through there must be 5 that go tits up. She is finding these and saying ah ha see what trouble this can cause. But I guess it is the only route.

Ah well, maybe I'll just have to be patient and never leave the country or work again! (I have a novel to finish anyway.)

As to being an overstayer, I thought as long as I got married within 90 days on a K1 I was OK to then stay in limbo as long as I do not work or leave the country. Am I mistaken? Do I HAVE to apply for an Aos?

Once again thanks for all the advice and ideas.

ATB
Steve

PS This is the bit that causes the problems:

What Does Signing the Form I-864 Require Me to do?
If an intending immigrant becomes a permanent resident in the United States based on a Form I-864 that you have signed,then, until your obligations under the Form I-864 terminate, you must:
--
Provide the intending immigrant any support necessary to maintain him or her at an income that is at least 125 percentof the Federal Poverty Guidelines for his or her household size (100 percent if you are the petitioning sponsor and areon active duty in the U.S. Armed Forces and the person is your husband, wife, unmarried child under 21 years old.)


Apparently this has formed the basis of a couple of alimony settlements even in circumstances where the parties have signed a pre nup.

This all stinks. Why can't I just post a bond? I hate this stoopid process!!!!
She signs the damn thing and you move on.
You run as as fast as you can and try a VAWA petition.
You base your stay here on something other than her, e.g. you open a Starbucks.
You leave to live elsewhere.

Those are the basic options -- choose one!
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Old Oct 14th 2010, 5:38 am
  #66  
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Default Re: Affidavit of Bloody Support

Originally Posted by Boiler
After 90 days you are out of status and deportable.
The visa says I have to marry within 90 days. I can't be deportable after 90 days surely and I thought I was in an undocumented situation if I had married but had not applied for Adjustment of Status.

Or am I deportable if I do something wrong - that was what I thought was the situation.

TIA

Oh and the numbers come from page 17 of I 864.

Steve
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Old Oct 14th 2010, 12:28 pm
  #67  
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Default Re: Affidavit of Bloody Support

Originally Posted by Steve Homer
The visa says I have to marry within 90 days. I can't be deportable after 90 days surely and I thought I was in an undocumented situation if I had married but had not applied for Adjustment of Status.

Or am I deportable if I do something wrong - that was what I thought was the situation.

TIA

Oh and the numbers come from page 17 of I 864.

Steve
If you like living on a fine line with legal matters, do it with something exciting like planning and executing a bullion heist. USCIS is mundane, you're unlikely to win, and nobody would be impressed even if you did.
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Old Oct 14th 2010, 12:37 pm
  #68  
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Default Re: Affidavit of Bloody Support

Originally Posted by Steve Homer
The visa says I have to marry within 90 days. I can't be deportable after 90 days surely and I thought I was in an undocumented situation if I had married but had not applied for Adjustment of Status.

Or am I deportable if I do something wrong - that was what I thought was the situation.

TIA

Oh and the numbers come from page 17 of I 864.

Steve
Getting married within 90 days serves the purpose of the K-1 visa. But it does not keep you in the USA safely. Only filing AOS does that. There is no requirement that you must file AOS within the 90 days, but if you do not, then you start to accrue overstay time, and you become deportable (yes, if you do something wrong and you are discovered to be out of status).

The "something wrong" doesn't have to be very big. Do you want to get a speeding ticket one day and then suddenly find yourself removed from the USA? Are you OK with never working? Never having any US photo ID? Living under the radar?

Does your wife not understand that you plan to become a US Citizen as soon as possible (3 years after becoming a PR)? As soon as you become a USC, the I-864 is finished. She's thinking it's a forever thing, and it's not. The quickest way to get out of the I-864 obligation is for you to become a USC as soon as possible. She really can't trust you for the next 3 or 4 years, not to sue her for alimony, in case of divorce? Also, as we've said, the divorce lawyer will take the total scenario in mind when coming up with an alimony plan...and with all your savings and money that you say you have, I can't see any judge forcing HER to pay YOU.

If your wife doesn't want to do what it takes to have you stay in the USA with her, then I'd suggest having her move back to the UK with you. Otherwise, there's simply no legal way of staying in the USA for you, through this marriage at least, if she does not want to comply with the I-864.

Rene
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Old Oct 14th 2010, 12:53 pm
  #69  
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Default Re: Affidavit of Bloody Support

Originally Posted by Noorah101

If your wife doesn't want to do what it takes to have you stay in the USA with her, then I'd suggest having her move back to the UK with you.

Rene
That would require him to show evidence that she will not become a public charge.

Something he may be unwilling to do.
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Old Oct 14th 2010, 1:05 pm
  #70  
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Default Re: Affidavit of Bloody Support

Originally Posted by Boiler
That would require him to show evidence that she will not become a public charge.

Something he may be unwilling to do.
I agree... sauce for the goose!

Ian
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Old Oct 14th 2010, 1:10 pm
  #71  
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Default Re: Affidavit of Bloody Support

Originally Posted by Steve Homer
Oh you are an unromantic bunch. I am not trying to get out of the relationship - more I am trying to settle further into it. I want to stay with the mad, paranoid daft bint. She may be a PITA but she is my PITA!
In a nutshell... trust takes time. Currently, you don't have time! Didn't you two discuss this issue prior to marriage? If not, huge faux pas on your part... if you did, well, I don't know what to say except you can't adjust your status without her signing an I-864, so perhaps it may have been better for both of you not to have married.

I don't think this is necessarily unromantic... just realistic. I agree that semantics can sometimes get in the way of things!

Best of luck to you... but I simply don't know what else anyone in this forum can offer.

Ian
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Old Oct 14th 2010, 2:15 pm
  #72  
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Default Re: Affidavit of Bloody Support

The irony here is that we see so many couples frantically trying to scrape together enough money to satisfy the affidavit of support so they can be together in the US.
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Old Oct 14th 2010, 2:30 pm
  #73  
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Default Re: Affidavit of Bloody Support

Jesus, if it's that big of a deal for her and her family, have the lawyer draw up a similar contract that says if she has to pay out for you based on her signing the affidavit of support you will pay her back or suffer some sort of stiff penalty. You both end up signing legal documents and you put the ultimate financial responsibility on yourself.
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Old Oct 14th 2010, 2:40 pm
  #74  
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Default Re: Affidavit of Bloody Support

Since the 125% is $15,000 per year and it would take you three years plus a few months to become a US Citizen after becoming a PR, give the rich lady $60,000 in an escrow account to be released upon your swearing in ceremony for naturalization and/or the day permanently rescind your green card and leave the US. Until either of those occurrences, the money will be drawing interest.

Others have said that you are real and the situation is real, I find it very difficult to phatom anyone who is so rich and paranoid about their wealth and so dubious of love and the institute of marriage, that this would be an issue. for me it is I'm glad I fell in love with a poor man rather than a rich paranoid man.
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Old Oct 14th 2010, 3:00 pm
  #75  
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Default Re: Affidavit of Bloody Support

Originally Posted by Rete
Others have said that you are real and the situation is real, I find it very difficult to phatom anyone who is so rich and paranoid about their wealth and so dubious of love and the institute of marriage, that this would be an issue. for me it is I'm glad I fell in love with a poor man rather than a rich paranoid man.
Exactly. It sounds like this woman is due for a visit by the Ghost of Christmas Yet to Come.
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