scrubbedexpat084

Hi all,

I'm back with the question of financial support after divorce. My ex husband thinks that he is not liable for this. I am just now getting over the divorce and slowly building up a client base to finance myself. It's not enough at this point to finance the rent of the apartment. He did give me money to get me by but by no means enough to start yet another new life here after giving up what I had in Europe. How do I go about having him give me the amount that is required until my green card needs renewing?

Is the only option to do this a lawyer?

Thanks in advance.

Noorah101

Is he a USC? Did he sign an I-864 affidavit of support?

Rene

Noorah101

Looking at your past posts quickly, I think the answer to my questions are yes and yes.

You can possibly sue him to force him to pay something according to the I-864 he signed; it will depend on your financial scenarios, and you will need a lawyer to do this.

The I-864 should have been mentioned by you as part of the divorce agreement, so it would be part of the divorce decree. Sounds like it was not.

Rene

scrubbedexpat084

yes he is a USC and signed the I-864 otherwise i couldnt have received the green card. Why do people such as myself need a lawyer when he signed this and its "the law" as far as immigration goes? Probably a stupid question, but asking it never the less

scrubbedexpat084

one other question....do I need to notify immigration that i am divorced?

Noorah101

Because the only way to make him pay is to sue him. I am not sure you can do that kind of thing on your own, I've never researched it. A 1-time consultation with an attorney could even be free, just to see if it's feasible.

Did you not have a divorce attorney working on your behalf during the divorce process?

Rene

Noorah101

No. And if you currently have a 2-year card, you can immediately file the I-751 to get the conditions removed...you don't have to wait until the 90-day filing window. Assuming the divorce is final and you have the final divorce decree

Rene

scrubbedexpat084

no I had no divorce attorney, i would have had to use his money to do that, so that wasnt an option. I take it that what is said on the papers is not correct, that he is responsible for me until the green card expires. BS unless i have the money to sue him.

scrubbedexpat084

i have the final divorce decree. Didn't know i could already have the conditions removed. Thanks so much for that info Rene. Really don't want to wait until next year to get that done.

Noorah101

It IS correct...he is responsible until you either become a USC, leave the USA, or work 40 qualifying quarters. However, the way to enforce it is to take him to court over it, and a judge will decide.

The I-864 is probably more commonly used as a way to pay the government back if you should use means- tested benefits. I've only heard of a couple of stories where the USC was successfully sued to maintain the immigrant's income.

Do you qualify for any government assistance? He would have to pay that back to the government.

Rene

Pulaski

Because people have a nasty habit of refusing to do what the law requires unless/until compelled to do so either by a nasty letter from your lawyer or by a court order if the letter doesn't work. If the problem is someone not paying you money, you might then need to garnish their income, put a lien on their property, or arrange for the sheriff to seize possessions for sale at auction, all of which require further orders from the court.

Noorah101

I hear you! Glad i could give you some positive information.

You'll want to research "filing i-751 with waiver".

Rene

scrubbedexpat084

I'll have to think about the lawyer bit as can't afford it right now. Working what i can and building up to finance myself. But it will take a while, hence the question on his support.

I'll get the i-751 with waiver research going.
Thanks for the input everyone!

Dorothy

Legal aid? Charity that offers legal advice? Local university law school student's clinic? Free one-off consultation with a lawyer?

There are many ways to get legal help and advice without paying huge sums.

ian-mstm

The information is correct... but it is a binding contract with the US government, not a contract with you! That means you need to get a judge to agree with your point of view.

Ian