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Permanent Resident Divorces Sponsor, Demands I864 Support Payments

Permanent Resident Divorces Sponsor, Demands I864 Support Payments

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Old Apr 24th 2006, 9:25 pm
  #46  
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Default Re: Permanent Resident Divorces Sponsor, Demands I864 Support Payments

Originally Posted by wendysmf
So what everyone seems to be telling me is that he does not have to
support her at all? How is that possible?
Good question for your potential attorney.

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?
Good questions for your potential attorney.

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?
Good question for your potential attorney.

What;s the difference between maintaining them at 125% of the poverty
level or paying them 125% of the poverty level.
Good question for your potential attorney.

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?
Good question....

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

I guess getting a lawyer
would be the first step, but it seems that everyone has a different
view on this law.
Yes, getting a lawyer is your first step. The reason you're getting different views on this law from us, is that we are not lawyers. Only an attorney can give you the answers you're looking for. But I'm sure we would really appreciate the answers, if you would kindly come back and let us know. In 3 years of being a member of this forum, I've not seen a post with your scenario until now...and it seems to be the case for others who have been around even longer. Go prepared with all these very good questions, and get a straight answer from a professional. Folinskyinla gave you some very good ideas and leads. Take it from there.

Best Wishes,
Rene
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Old Apr 24th 2006, 9:50 pm
  #47  
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Default Re: Permanent Resident Divorces Sponsor, Demands I864 Support Payments

Originally Posted by 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.
The PR's lawyer works for her - not for the sponsor. Your friend needs to get HIS OWN lawyer. Preferrably one familiar with immigration law.
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Old Apr 24th 2006, 9:51 pm
  #48  
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Default Re: Permanent Resident Divorces Sponsor, Demands I864 Support Payments

Originally Posted by wendysmf
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?
You seem reasonably intelligent... which part of "get your own lawyer" didn't you understand? Which part of "stop paying and let them sue you" didn't you understand?

Since you seem to resist the suggestions of the good people here who are trying to help you, I suggest you give your husband a turn at the computer and let us talk to him directly. You don't seem to be "getting it".

Ian
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Old Apr 24th 2006, 10:13 pm
  #49  
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Default Re: Permanent Resident Divorces Sponsor, Demands I864 Support Payments

So by meaning CONTRACT, you are saying it can be broken, there are
loopholes? If so, how? I cannot find anything under Section 213A
mmigration & Nationality Act [8 USC 1183a] that says anything about
after divorce where the contract lies. How do I tell this apart?
 
Old Apr 24th 2006, 10:16 pm
  #50  
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Default Re: Permanent Resident Divorces Sponsor, Demands I864 Support Payments

Ian,

The 125% of poverty level broken down into 12 payments. Didn't think I
needed to clarify that for you guys. Sorry I didn't dumb it down. :)
 
Old Apr 24th 2006, 10:25 pm
  #51  
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Default Re: Permanent Resident Divorces Sponsor, Demands I864 Support Payments

Originally Posted by 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.

You're totally right. Just keep paying her for the rest of your lives. Or you'll go to jail.

There now. Are you happy now that you heard what you evidently want to hear?
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Old Apr 24th 2006, 10:32 pm
  #52  
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Default Re: Permanent Resident Divorces Sponsor, Demands I864 Support Payments

Originally Posted by wendysmf
So by meaning CONTRACT, you are saying it can be broken, there are
loopholes? If so, how? I cannot find anything under Section 213A
mmigration & Nationality Act [8 USC 1183a] that says anything about
after divorce where the contract lies. How do I tell this apart?
It's not your job to find the law and interpret it. It's up to your potential lawyer to research these things and tell you how to proceed, with your best interests in mind. Don't get me wrong, it's wonderful that you're doing your research ahead of time. But these are good questions for your lawyer. You're in an area now where none of us on this board (except a couple of attorneys) have any experience or knowledge whatsoever.

Rene
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Old Apr 24th 2006, 10:34 pm
  #53  
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Default Re: Permanent Resident Divorces Sponsor, Demands I864 Support Payments

Originally Posted by wendysmf
So by meaning CONTRACT, you are saying it can be broken, there are
loopholes? If so, how? I cannot find anything under Section 213A
mmigration & Nationality Act [8 USC 1183a] that says anything about
after divorce where the contract lies. How do I tell this apart?
You really honestly need to do yourself a favor and step away from the keyboard on this and speak with an immigration attorney that is NOT also working with the PR that is essentially ROBBING you.

Stop reading the forms. Stop reading the case law. Stop calling the I-800-we-know-NOTHING-about-immigration number. Stop reading posts on newsgroups.

START calling lawyers.
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Old Apr 24th 2006, 11:32 pm
  #54  
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Default Re: Permanent Resident Divorces Sponsor, Demands I864 Support Payments

Originally Posted by 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.
I am not gobsmacked that she asks, just gobsmacked that you seem so willing to pay.

I am a PR and can just imagine the reaction from my missus for such a request, whether or not supported by my lawyer. whatever the American is for 'On your bike'.

You have read the link I gave you, whole list of if's and buts, not sure what more you need to follow through with it.

Actually you do not need to do anything, just stop paying and see what happens. You have the money by the sound of it, she does not. It would be up to her tp start legal proceedings to enforce it, or try to. YOUR lawyer would be then the one to give you advise on how best to defend your position.
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Old Apr 24th 2006, 11:58 pm
  #55  
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Default Re: Permanent Resident Divorces Sponsor, Demands I864 Support Payments

No I get the idea that he should get a lawyer, where do you suppose we
get funds from? Do you think that monies would be awarded to us after
a lawsuit has been finalized if my husband was awarded the case? I
don't think so. So until we have the funds to do so as we aren't
expecting monies to come out of the lawsuit. You can't get blood out
of a stone. So for now I came here looking for advice.
 
Old Apr 24th 2006, 11:59 pm
  #56  
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Default Re: Permanent Resident Divorces Sponsor, Demands I864 Support Payments

If payments were discontinued what would the reprocussions be?
 
Old Apr 25th 2006, 12:06 am
  #57  
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Default Re: Permanent Resident Divorces Sponsor, Demands I864 Support Payments

Originally Posted by wendysmf
No I get the idea that he should get a lawyer, where do you suppose we
get funds from? Do you think that monies would be awarded to us after
a lawsuit has been finalized if my husband was awarded the case? I
don't think so. So until we have the funds to do so as we aren't
expecting monies to come out of the lawsuit. You can't get blood out
of a stone. So for now I came here looking for advice.

Okay, so you are a troll. Either that or extremely dumb...
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Old Apr 25th 2006, 12:22 am
  #58  
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Default Re: Permanent Resident Divorces Sponsor, Demands I864 Support Payments

Originally Posted by Elvira
Okay, so you are a troll. Either that or extremely dumb...
I'm beginning to think this as well. The poster is incredibly naive! If it was me and I was being soaked for $1K+ each month, I'd take a personal loan from a bank to cover the attorney fees. I'd put his fee on a credit card. I'd take out a line of equity on my home. I'd remortgage my home. I'd sell my DVD collection. The whole point being... in the end, it's going to be cheaper to hire a lawyer than put out 16K+ each year!

But no... she'd rather try to convince us that her POV is the correct one because the PR's lawyer told 'em so! My god... even our resident attorney told her she should get an attorney... and she still argues against it.

She does seem to be enjoying the attention though.

Ian
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Old Apr 25th 2006, 12:25 am
  #59  
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Default Re: Permanent Resident Divorces Sponsor, Demands I864 Support Payments

Originally Posted by ian-mstm
I'm beginning to think this as well. The poster is incredibly naive! If it was me and I was being soaked for $1K+ each month, I'd take a personal loan from a bank to cover the attorney fees. I'd put his fee on a credit card. I'd take out a line of equity on my home. I'd remortgage my home. I'd sell my DVD collection. The whole point being... in the end, it's going to be cheaper to hire a lawyer than put out 16K+ each year!

But no... she'd rather try to convince us that her POV is the correct one because the PR's lawyer told 'em so! My god... even our resident attorney told her she should get an attorney... and she still argues against it.

She does seem to be enjoying the attention though.

Ian
Well, my reasoning was: if they can afford to pay this bloodsucker all this money, they could use the $$$ for a lawyer instead...
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Old Apr 25th 2006, 12:28 am
  #60  
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Default Re: Permanent Resident Divorces Sponsor, Demands I864 Support Payments

Originally Posted by ian-mstm
You seem reasonably intelligent... which part of "get your own lawyer" didn't you understand? Which part of "stop paying and let them sue you" didn't you understand?

Since you seem to resist the suggestions of the good people here who are trying to help you, I suggest you give your husband a turn at the computer and let us talk to him directly. You don't seem to be "getting it".

Ian
Hi:

I hope she obtains an attorney who is an obnoxious person -- one who deserves a client from hell.
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