ian-mstm

Well this is the most stupid thing I've ever read in this forum. The 125% is an *annual* amount... not a monthly amount. If he's paying this every month, he's an idiot!


You realize, don't you, that you did not actually talk to a USCIS employee, but to a 3rd party contract worker that USCIS hires to answer the phone? They know little of USCIS rules and regulations, and even less about the law of contracts!

Ian

wendysmf

He is a nice fellow, just wants to do what is right by the law and if
it means that he has to pay her support because of a stupid affidavit
well then so be it.

It seems as though a lot of people are telling me that this isn't the
law. Do we know what is in regards to this? The PR's lawyer seems to
think that this is the law and that we have to pay her even if she
never works, never becomes a citizen, or never leaves until an infinite
amount of time until any or all of these things come through.

I am now thoroughly confused.

wendysmf

wendy, it seems like your friend has been relying on all the wrong
people for his advice



I am not sure what you are speaking of. These are what I am reading on
Government websites and by calling the INS. How is this wrong advice ?

wendysmf

Thanks Rene, this is a rare case I suppose. Not sure how other people
manage. Do the immigrants throw the i864 of support in their faces and
say that they have to support you. Not sure.

As far as my husband (sponsor), he does not have a lawyer, thought that
by giving her $1500 last summer she would go back to her country, well
she played a nice little trick on us and came back so that she could
get free support money and live stress free with her boyfriend. That's
how I see it, but not sure if the government will see it this way too.
To them it's not personal, you are a number.

wendysmf

I know there was no legal assistance in this case. However, I do
beleive we need to get one, I mean the sponsor was unemployed for most
of the year, withdrew all of his stocks, bonds, bank accounts and
pretty much gave it to her. At 44 he is just now starting all over
again, has a good job, but still starting over.

Noorah101

One of the lawyers who visits this forum might know, but we as laymen probably don't.

Sure, he'd say that...he's on HER side, trying to get money for her.

That's why the sponsor needs to see his own attorney, not the PR's attorney....so he can get this straightened out.

Best Wishes,
Rene

meauxna

Exactly. Most of us in this thread have spent a lot of time looking at the I-864 and reading all we can find about it. We're saying: we've not heard of a situation like yours before and it does not add up with what we know about the I-864.
Couple that with the fact that you are taking your information from someone in a *combative position* to you, and it adds up to "hunh?". Why would you accept this opinion from your opponant?

You guys need your own lawyer. Read MrF's posts carefully.

wendysmf

So what everyone seems to be telling me is that he does not have to
support her at all? How is that possible?

The law came into effect so that the governement would not be
responsible for immigrants, aka welfare and so on. This has made the
governement spending a lot less on this department so that the sponsor
is solely responsible for the immigrant. Almost like a child.

Where is the evidence that you guys see that HE doesn't have to pay her
a dime? Where is that? Where are the clear and concise articles
stating what the responsibility is of the sponsor after divorce? It
states that Divorce does not nulify your agreement. You HAVE to take
care of the immigrant. Now the 125% of the poverty level is what you
need to earn to bring them over here, but that is also the standard for
paying the immigrant. They figured that one can live off of this
amount. Right now as we stand 125% of the poverty level is 1020.83/mo
Those are the figures per the government.

So everyone seems to be telling me that we don't have to pay her, when
her lawyer states we do or we will be fined or put in jail for refusing
to pay the Permanent Resident. Now this immigrant WILL NOT get
citizenship, she refuses. She refuses to work, says she is too sick to
work and it has been 4 years. What do we do? I guess getting a lawyer
would be the first step, but it seems that everyone has a different
view on this law.

wendysmf

Okay, per this website it states exactly what I am saying, so we are
right to pay her 125% of the poverty level.
http://www.ilw.com/articles/2006,0110-wheeler.shtm

wendysmf

So if he doesn't pay her a dime then what will happen to him?

wendysmf

What if the Permanent Resident REFUSES to work, go back to her country
or become a citizen and emails all the time stating that she looks
forward to his payments with a little smiley. Nice huh?

Here is what I think happened, but she has been in this country since
1998 now and well it is too late to proceed with this, but she used him
for money. When the 5 year mark came, she upped and left to see if she
could get means tested public benefits, she couldn't because they
looked at the sponsors income and at the time he wasn't working. Then
she gets paid monthly per the 1864 agreement and refuses to get a job,
her boyfriend refuses to get a job. So the two of them are living off
of the support payments.

I mean we are thinking of having a family and well this puts a damper
on anything right now, I mean over $12,000/ yr is a lot of money to be
shelling out to a PR that won't work. What do we do?

wendysmf

I don't think it says they have to pay the immigrant 125% of the
poverty level -- only that they have to maintain them at that
income level. If the sponsored immigrant had any other source
of income that would help, I'd imagine. But I'd go ask a lawyer.

What;s the difference between maintaining them at 125% of the poverty
level or paying them 125% of the poverty level. I mean that is the
minimum that you have to give to the immigrant. Now, the sponsored
immigrant is a leach and has no viable source of income, she has been
living off of the sponsor now for 4 years.

Elvira

Seeing that you do not seem to believe what you are being told here, and you do not seem inclined to consult a lawyer, I guess you'll just have to go on paying.

wendysmf

Here si also something that supports this case, we are screwed...
http://www.divorcenet.com/states/new...e_an_immigrant

wendysmf

We paid for her costs to naturalize, however she didn't go through with
it. Then we sent her money to go back home and well she didn't do that
either. She seems to be dicking us around and well to be honest is
enjoying the free money and plans to forever.