Susanna

Will try and make this short.
Lady from India just can to our house to demonstrate a Household appliance.
We got talking and she is very worried about her situation so I said I would ask on this forum for her.
Right she had an arranged marriage to a US CITIZEN but Indian Decent the marriage was a shame and they parted they are now filing for Divorce( Arranged because of her Religion not to get into US) they married in India.

So he has since cut all his support to her and I meen everything luckily she has a Ead/S/S so she can work but is finding it hard to support herself, now her Green Card should be threw within max 6 months she thinks? but she has to renew her EAD in June.

I said to her that he has signed a Affidavit of Support and has to support her until she becomes a US Citizen I am right yes?

Also she said he is refusing to sign for her to re-new her Ead can he do this?

She was a lovely lady and she wants to stay here but does not know what to do she can't afford a Lawyer Obviously.

Should she report her Husband for not carrying out the Affidavit of Support? or would that make more problems for her?

Only response would help please.

Susanna

FlyergirlUK

You're right - divorce does not terminate the sponsor's obligation. By executing the I-864, he agreed to support the intending immigrant, his wife, and to reimburse any government agency or private entity that provides her with Federal, State, or local means-tested public benefits.

Can't seem to find my copy of it for verification but, as the whole AOS package, bar the I-864, is completed by the alien spouse, it would surprise me greatly if she needed any input from him at all.

Mtravelkay

Susanna wrote:

    > Will try and make this short.
    > Lady from India just can to our house to
    > demonstrate a Household appliance.
    > We got talking and she is very
    > worried about her situation so I said I would ask on this forum for her.
    >
    > Right she had an arranged marriage to a US CITIZEN but Indian Decent
    > the marriage was a shame and they parted they are now filing for
    > Divorce( Arranged because of her Religion not to get into US) they
    > married in India.

Did you mean it was a "shame" or a "sham"??
You indicated that it was not arranged to get into the US, but because
of her religion. So, with the marriage ended, why does she need to stay
in the US? It doesn't sound like she has that much invested here, no
job, no children, not here very long, etc.

    >
    > So he has since cut all his support to her and I meen
    > everything luckily she has a Ead/S/S so she can work but is finding it
    > hard to support herself, now her Green Card should be threw within max 6
    > months she thinks? but she has to renew her EAD in June
    >
    > I said to her
    > that he has signed a Affidavit of Support and has to support her until
    > she becomes a US Citizen I am right yes?

Yes, it says to support her at 125 percent of the poverty level.
I can go to Taco Bell here and make that mucn money.

    >
    > Also she said he is refusing
    > to sign for her to re-new her Ead can he do this?

The US citizen has no say in the EAD. The form isn't filled out by the
US citizen. The immigrant fills out and signs the I-765.

    > She was a lovely lady
    > and she wants to stay here but does not know what to do she can't afford
    > a Lawyer Obviously.
    >
    > Should she report her Husband for not carrying out
    > the Affidavit of Support? or would that make more problems for her?

Report him to who? The government only gets involved if the government
has to pay for support. She can file for divorce and request spousal
payments (alimony) based on the I-864, but she should be able to find
enough work to pay her the 125 percent of poverty level.

Susanna

Sorry yes I ment sham in my usual haste lol.
No she has no family here but loves the US and has friends and wants to stay.

By saying report him we ment that surely he has gone back on his word to support her and signed the Affidavit of Support and that he should be penalised or what use is the 1864 if people can just back out as when they feel?

What are her chances of staying as the green card has not come threw yet?

What can she do to remain here? are you saying she can work until her green card comes threw?

Sorry to be ignorant about this just would like to help her and what should she do next?

Susanna

I was under the assumption that When an Affidavit of Support was signed it not only ment that the sponser had to look after that person re-garding not claiming anything form the state/Goverment but also in their day to day living food clothing etc.

Mtravelkay

Susanna wrote:
    > I was under the assumption that When an Affidavit of Support was signed
    > it not only ment that the sponser had to look after that person re-
    > garding not claiming anything form the state/Goverment but also in their
    > day to day living food clothing etc.
    >

The government could use the I-864 to come after him for money the
government spends on here. The part of it promising support is something
she would have to get from court action. However, we are talking about
125 percent of the poverty level. If she can work, she should work.
The EAD has NOTHING to do with her husband.

Mtravelkay

Susanna wrote:
    >
    > Sorry yes
    > I ment sham in my usual haste lol.
    > No she has no family here but loves
    > the US and has friends and wants to stay.

She has friends in India, correct.
I agree, but many people in India (and elsewhere) also want to stay here.


    >
    > By saying report him we ment
    > that surely he has gone back on his word to support her and signed the
    > Affidavit of Support and that he should be penalised or what use is the
    > 1864 if people can just back out as when they feel?

The purpose of the I-864 is to protect the taxpayers. If she want's
money based on this marriage, that is why there are divorce courts.

    >
    > What are her
    > chances of staying as the green card has not come threw yet?
    >

I am hoping none, since you have stated it is a "sham" marriage.


    > What can
    > she do to remain here? are you saying she can work until her green card
    > comes threw?

She can work, if she has EAD, until the green card is denied or approved
. If she is still married, they both would go to the interview.
Did she enter on a fiance visa?


    > Sorry to be ignorant about this just would like to help
    > her and what should she do next?
    >

I would like to help many people around the world that would like to
live in the US.
Why do you feel she should be more entitled to stay here based on a
"sham" marriage?

Susanna

She has friends in India, correct.
I agree, but many people in India (and elsewhere) also want to stay here.
Yes family and friends.

The purpose of the I-864 is to protect the taxpayers. If she want's
money based on this marriage, that is why there are divorce courts.'

I think that she just feels he brought here from India and then abandonded the marriage.


She can work, if she has EAD, until the green card is denied or approved
. If she is still married, they both would go to the interview.
Did she enter on a fiance visa?

I would assume she entered on a K3 as she married in India, she said she only met him for 1 week and the family had here married off.

He will not go to the interview he has cut here off, I tried to explain that she would have to prove they were a couple still.




I would like to help many people around the world that would like to
live in the US.
Why do you feel she should be more entitled to stay here based on a
"sham" marriage? [/QUOTE]

I don't realy have an opinion on weather she should stay or go I just wanted to see what the lady could do to help her situation.
Please remeber her family arranged the marriage in the first place as is still custom in some countrys thats why I used the term sham.

Thankyou very much for your honesty and valued opinion

Susanna

I would like to make quiet clear that I am in no way knocking arranged marriages.
I have the utmost respect for different cultures and beliefs and thats what makes the world go around right?

I am only refering to this case in particular.

Mtravelkay

Susanna wrote:
    > I would like to make quiet clear that I am in no way knocking arranged
    > marriages.
    > I have the utmost respect for different cultures and beliefs
    > and thats what makes the world go around right?
    >
    > I am only refering to
    > this case in particular.

You called this one a sham. If this simply because it was arranged, then
what was the reason? You also said you didn't have an opinion on
whether she should stay or not, just that you wanted to help her stay.
That is interesting since it sounded like you just met her, and you
don't know if it is right or wrong, but you want to help her. OK, it
would be helpful to point out that if she is still married at interview
time, and she has no abuse claim, then she will not be approved. After
all, this is an interview to adjust status based on marriege.

Wayne

Th affidavit is valid for 10 years at the most,.. or until the "spouse"
becomes a citizen,..
divorce does not end the responsibility,..
if the man is not fulfilling the terms of the affidavit, and the woman must
apply for public aid/medical/food stamps,...
she can/will recieve benefits, and the government may pursue the man to
recover $$,.. much like child support,..
I am familiar with this as my previous wife was from Romania,.. we divorced
after 2 years, have a child,... we are on a friendly basis, and this was
never an issue like you describe, yet I became aware as I am now remarried
to another foreign woman,.. I investigated all my responsibilities before
marriage to be 1000% sure this would not be an issue,...
"Susanna" <member2739@british_expats.com> wrote in message
news:[email protected]...
    > I was under the assumption that When an Affidavit of Support was signed
    > it not only ment that the sponser had to look after that person re-
    > garding not claiming anything form the state/Goverment but also in their
    > day to day living food clothing etc.
    > --
    > Posted via http://britishexpats.com

Susanna

The reason it was a sham as she said to me was because she had never met him prior to her meeting 1 week before and there was no love or any physical attraction.


Not that it makes a difference but I had never even clapped eyes on her until yesterday, we got talking about Immigration and I told her about how we met( My Husband and myself etc )and she proceeded to tell me about her situation, I am not trying to help her stay or go in the country I am trying to help her find out what she should or could do?, she has no internet access and no idea regarding Immigration Policys.


I will pass on these details to her.
It also helps to try and help other people with problems rather then dwelling on your own, especially whilst waiting at home for your own paperwork to be approved.

Thankyou everyone for you input I do appreciate it BUT maybe next time I will think twice about asking questions to help others.

Susanna





.


.

Mtravelkay

Susanna wrote:

    > The reason it was a sham as she said to me was because she had never met
    > him prior to her meeting 1 week before and there was no love or any
    > physical attraction.
    >

No love, no attraction, yet she got married, came to the US and wants to
stay. Sorry, I don't feel she is more entitled to the millions of other
people that would like to live here. This does NOT mean I feel this way
about all arranged marriages, as I know many of them do work out.

    >
    > Not that it makes a difference but I had never
    > even clapped eyes on her until yesterday, we got talking about
    > Immigration and I told her about how we met( My Husband and myself etc
    > )and she proceeded to tell me about her situation, I am not trying to
    > help her stay or go in the country I am trying to help her find out what
    > she should or could do?, she has no internet access and no idea
    > regarding Immigration Policys.

There isn't much you are going to be able to do.
They both have to be at the AOS interview.

If they haven't had the interview, then I doubt the I-864 is in force.
The form, I-134?, used for affidavit of support at the K-3 interview
does not force him to give her anything.

davewilliams

What stage is she at in the immigration process?

Has she already adjusted status and/or had the I-130 approved?

Also, is she awaiting a conditional green card?

If the answers to the above are no to the first question or yes to the second I would strongly recommend that she speaks to an immigration lawyer because she may well encounter problems staying in the country at all without husband's co-operation and support. Essentially, she still needs to be married to him to adjust status, get the I-130 approved or to remove conditions from a conditional green card.

Dave

Andrew DeFaria

Susanna wrote:

    > I was under the assumption that When an Affidavit of Support was
    > signed it not only ment that the sponser had to look after that person
    > regarding not claiming anything form the state/Goverment but also in
    > their day to day living food clothing etc.

Sorry but as has been said here many times it is not for that purpose.
'round here in America people work for a living and support themselves.
--
If one synchronized swimmer drowns, do the rest have to drown too?