divorced

Old Sep 1st 2021, 7:51 pm
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Default divorced

Divorced. 10 year GC. Is the ex husband responsible for 10 years support after the marriage? He divorced me if that makes a difference.
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Old Sep 1st 2021, 10:35 pm
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Default Re: divorced

Originally Posted by charelle View Post
Divorced. 10 year GC. Is the ex husband responsible for 10 years support after the marriage? He divorced me if that makes a difference.

Yes and no. The I-864 is in effect until the day that one of the following happens:

1. You work 40 quarters under social security; or
2. You naturalize; or
3. You relinquish your green card and leave the US; or
4. Your green card is revoked and you are deported; or
5. You die and your estate is settled.

The I-864 provides for him repaying any means tested benefits you receive.

Some good divorce attorneys have been able to get alimony for their client from the USC spouse at the 125% of the poverty guidelines for their client. Some are successful while many are not.

Are you unable to work and provide a living for yourself?
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Old Sep 1st 2021, 10:43 pm
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Default Re: divorced

Originally Posted by charelle View Post
Divorced. 10 year GC. Is the ex husband responsible for 10 years support after the marriage? He divorced me if that makes a difference.

I thought you remarried after the divorce?

Also, didn't you get the 125% agreement after the divorce?

He has also written a simple word document stating that he will pay the full sum of the 125% over the poverty line, I know, not the right terminology but you guys know what I mean. I obviously need a lawyer to put this into the agreement.
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Old Sep 2nd 2021, 2:14 pm
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Default Re: divorced

Originally Posted by SanDiegogirl View Post
I thought you remarried after the divorce?

Also, didn't you get the 125% agreement after the divorce?
No, the 125% agreement is the I-864 Affidavit of Support which goes into effect the moment the green card is approved.

It is 125% of the poverty guidelines (100% + 25% of the 100%) (i.e. 1,000 PG + 250 = $1,250)

He has also written a simple word document stating that he will pay the full sum of the 125% over the poverty line, I know, not the right terminology but you guys know what I mean. I obviously need a lawyer to put this into the agreement.
The terms of the I-864 are that the financial sponsor is to reimburse any means tested benefits obtained by the immigrant. Some attorneys have used this agreement to seek alimony for their client at this percentage based on this agreement. It is up to the judge whether it is granted or not.

IMPO, as a remarried person and one who has the ability to work along with their new spouse, there is no reason why they would qualify for alimony or financial support. In fact, isn't it the usual case that alimony stops the mment you remarry. The I-861 continues to be valid as per the conditions noted in my first post.

Last edited by Rete; Sep 2nd 2021 at 2:16 pm.
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Old Sep 2nd 2021, 2:38 pm
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Default Re: divorced

Originally Posted by SanDiegogirl View Post
I thought you remarried after the divorce?

Also, didn't you get the 125% agreement after the divorce?

He has also written a simple word document stating that he will pay the full sum of the 125% over the poverty line, I know, not the right terminology but you guys know what I mean. I obviously need a lawyer to put this into the agreement.
Not sure where you got the information from that I remarried, but I definitely did not.
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Old Sep 2nd 2021, 2:41 pm
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Default Re: divorced

Seems from past posts OP divorced some time ago and the divorce settlement included the 125%
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Old Sep 2nd 2021, 2:42 pm
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Default Re: divorced

Originally Posted by Rete View Post
Yes and no. The I-864 is in effect until the day that one of the following happens:

1. You work 40 quarters under social security; or
2. You naturalize; or
3. You relinquish your green card and leave the US; or
4. Your green card is revoked and you are deported; or
5. You die and your estate is settled.

The I-864 provides for him repaying any means tested benefits you receive.

Some good divorce attorneys have been able to get alimony for their client from the USC spouse at the 125% of the poverty guidelines for their client. Some are successful while many are not.

Are you unable to work and provide a living for yourself?
Hi Rete,
Thanks for the response. It's really to give an answer to friends and family that are confused that I didn't get any support from him after the divorce which was around 5 years ago. I'm not personally looking for any support from him even though right now I don't have work but am applying for jobs every day so something will no doubt turn up. I had an arm injury so I consequently lost my previous job, and there was no compensation, just a restaurant job. I'm also not on unemployment or any other benefits.
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Old Sep 2nd 2021, 3:12 pm
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Default Re: divorced

Financial settlements would have been taken care of in the divorce agreement,I would have thought friends and family would be familiar with that.
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Old Sep 2nd 2021, 7:32 pm
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Default Re: divorced

Originally Posted by Boiler View Post
Financial settlements would have been taken care of in the divorce agreement,I would have thought friends and family would be familiar with that.
Then you thought wrong. It isn't a priority of mine, nor has it ever been. If you have no particular information to add, then scroll on. Thank you.
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Old Sep 2nd 2021, 7:40 pm
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Default Re: divorced

Originally Posted by Boiler View Post
Financial settlements would have been taken care of in the divorce agreement,I would have thought friends and family would be familiar with that.
Originally Posted by Rete View Post
No, the 125% agreement is the I-864 Affidavit of Support which goes into effect the moment the green card is approved.

It is 125% of the poverty guidelines (100% + 25% of the 100%) (i.e. 1,000 PG + 250 = $1,250)



The terms of the I-864 are that the financial sponsor is to reimburse any means tested benefits obtained by the immigrant. Some attorneys have used this agreement to seek alimony for their client at this percentage based on this agreement. It is up to the judge whether it is granted or not.

IMPO, as a remarried person and one who has the ability to work along with their new spouse, there is no reason why they would qualify for alimony or financial support. In fact, isn't it the usual case that alimony stops the mment you remarry. The I-861 continues to be valid as per the conditions noted in my first post.


Where exactly do you have the information that I remarried? I did not. What is it with you Brits abroad, you all are so assuming and not particularly nice to be honest. I asked a question, I didn't ask for you all to judge me! I guess the UK is better off without you to be honest....you've all become so narrow minded and unfriendly, so unlike a true Brit. That's what this place does to most people. Good luck and stop judging people and be nice.
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Old Sep 2nd 2021, 8:04 pm
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Default Re: divorced

Sorry, but I got my understanding from this 2019 posting where you were asking about getting re-married while awaiting approval of changes?

Marriage whilst awaiting approval of I751

I only mentioned it because if you HAD remarried then the answers you get would be based on that.......
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Old Sep 2nd 2021, 8:57 pm
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Default Re: divorced

Originally Posted by charelle View Post

Where exactly do you have the information that I remarried? I did not. What is it with you Brits abroad, you all are so assuming and not particularly nice to be honest. I asked a question, I didn't ask for you all to judge me! I guess the UK is better off without you to be honest....you've all become so narrow minded and unfriendly, so unlike a true Brit. That's what this place does to most people. Good luck and stop judging people and be nice.
You've incorrectly assumed everyone here is a Brit, then judged us all to be bad eggs. Thanks for that.

The answer to your family and friends' question as to why you didn't get more from the divorce is that you didn't seek more and you were happy with what you got, there's nothing more to that really.

Looking at your previous posts it seems you and your ex-spouse misunderstood the I-864 which led to him giving you a lump sum of money calculated by using the 125% of the poverty level though it's unclear if that was just one year or if you multiplied it by 10 assuming you would work 40 quarters within that time. Either way it's not something he had to do to appease the I-864 and is still on the hook for that should you claim means tested benefits.

The amount of money you were entitled to from the actual divorce isn't really anything to do with immigration and without knowing the amount you received or the value of the joint assets you had during marriage there's no way for me to know if your ex-spouse got off lightly ( assuming there's usually a 50-50 split during a divorce) or not. Neither value is any of my business though all that matters is that you're happy with what you received and you may as well be as I'm not sure there's much you can do about it once you've accepted the divorce settlement. That said I'm no divorce expert so I could be wrong.
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Old Sep 2nd 2021, 9:26 pm
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Default Re: divorced

I am getting more and more confused.

Looking back 5 years to a thread I and others on this thread contributed to the OP stated that she was as part of the Divorce settlement getting 10x the 125% and had already received part of it.

Seems it has taken sometime to ROC with a divorce waiver. Seems she has not naturalised, assume the wedding did not happen.


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Old Sep 2nd 2021, 11:21 pm
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Default Re: divorced

Originally Posted by charelle View Post

Where exactly do you have the information that I remarried? I did not. What is it with you Brits abroad, you all are so assuming and not particularly nice to be honest. I asked a question, I didn't ask for you all to judge me! I guess the UK is better off without you to be honest....you've all become so narrow minded and unfriendly, so unlike a true Brit. That's what this place does to most people. Good luck and stop judging people and be nice.
I don't have that information but responding as if you or anyone in that situation were remarried what the would transpire. In fact, I didn't honestly think that you did but that SD was thinking of a different poster.
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Old Sep 3rd 2021, 5:57 pm
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Default Re: divorced

Originally Posted by Rete View Post
I don't have that information but responding as if you or anyone in that situation were remarried what the would transpire. In fact, I didn't honestly think that you did but that SD was thinking of a different poster.
If you read the link I posted, you said 'Ah, I think from your past posts, you received this green card via marriage to a different USC, correct?

There's no law against getting remarried now, although you also don't want to make it look like your first marriage was a sham'

So in 2019 a second marriage was on the cards. Possibly never happened
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