civilservant

Agree with Ian, that's exactly what I was about to say. He signed an agreement he would repay any funds that are paid to you by the Government.

He did not sign any agreement that states that he will support you directly. Not as part of the visa application, anyway.

Noorah101

From the I-864, page 7:

"What Does Signing Form I-864 Require Me to do?

....you must...

A. Provide the intending immigrant any support necessary to maintain him or her at an income that is at least 125 percent of the Federal Poverty Guidelines for his or her household size....".

The part about paying back means tested benefits is on Page 8, under "What Other Consequences Are There?"

Rene

scrubbedexpat084

That's exactly what i read Rene, and remember checking on that a while back on the forum and you mentioned the 125 percent of the Federal Poverty Guidelines......

Perhaps the others are thinking I am claiming unemployment benefit or other benefits.

Noorah101

They are talking about the fact that he has to pay the government back if you use means- tested benefits (like food stamps, for example). Unemployment income is not a means- tested benefit.

Rene

scrubbedexpat084

i thought they might be referring to that, not using any of those means nor claiming unemployment. Thanks Rene

ian-mstm

I'm pretty sure no one in this thread is stupid enough to think that. Your ex is not obligated to pay you one cent until the government says he must. Why? Because the contract is between him and the government, not between him and you. The government has no obligation to enforce the I-864... they can if they want, but it remains their choice. If you want the I-864 enforced, you need to get the government to act affirmatively on your behalf... so you must sue him.

Ian

Pulaski

IANAL .... Doesn't she need to petition the court to enforce the contract. I am not sure that suing her ex wil achieve what you think it will.

scrubbedexpat099

I have seen a few cases where a court has upheld that the sponsored party is liable under the I 864 and have seen it used as an argument in a divorce settlement.

There is obviously a duty to mitigate like in any other similar situation.

Obviously the I 864 125% is not much, assuming you can work minimum wage plus a bit so would only be worthwhile if you can show you can not work.

To enforce it well first step would be appointing a Lawyer, complicated situation, getting somebody to do it pro bono seems unlikely, no win no fee well you would need a strong case and there is not much money in it.

scrubbedexpat099

Forgot this had been raised before.

He was going to give you a lump sum? What happened.

You were working part time, so that would need to be deducted, what is your work situation now?

ian-mstm

Yes - I believe you're correct. I chose my words poorly! My bad.

Ian

scrubbedexpat099

And it would be a Federal Court.