Bob

I know this is the 'how do I get here through the maze of paperwork and
rules' board, but I'm not sure where to ask, so I figured I'd go fishing
here as it's cheaper than fishing in the $250/hr lawyer's office.
We got married, she was on the K-1, filed AOS, she got the 2 yr green card,
we started fighting, she moved out, then she says "I'm pregnant, I want a
divorce, and you need to support me."
She's not working anymore and won't go back to work for a while. I'm worried
that if we get divorced and she stays here, then goes on
welfare/Medicare/ANFC/ETC. that the Gov't's going to come after me to repay
them based on the affidavit of financial responsibility I had to sign for
her to get the K-1. I spoke to a woman at NSC, she said to have something
put in the divorce decree that says I'll not be responsible for her any
longer financially, and if the gov't comes after me that she'll be the one
who's responsible. Does anyone here have any experience with this or adivce
on the subject? I'm not trying to get out of my responsibilty to the child
and/or alimony if that's what the court says, I just dont want to be worried
for the next 9 years that she may start collecting public assistance and I
would have to foot the bill for it. The girl at NSC said that worst case
scenario is she gets remarried or has a new boyfriend, has 5 more kids, goes
on welfare and state sponsored health ins. and I have to pay for any of the
benefits she and any of the kids received. Please say I can do something
about this, or am I stuck holding the financial liability for her future
actions over the course of the next 9 years?

HELP!

ian-mstm

From where I sit... if it was as easy as you suggest, everyone contemplating a divorce would have a statement written up that says they're not financially responsible. Unfortunately, you signed a legal *federal* document which cannot simply be undone by a divorce decree. As you know, state law cannot supercede federal law. You are financially responsible against her becoming a public charge until she becomes a US citizen, leaves the US permanently, dies, or gets 40 quarters of work credit.

Just my $0.02 worth.

Ian

Folinskyinla

Hi:

This is a gray area of the law.

In Family Law arena, judgment/argeement about who is responsible for what are NOT binding on third parties. The I-864 you signed is a contract with the GOVERNMENT.

If she later becomes a US citizen, that also cuts off the responsiblities of the I-864.

BTW, out of idle curiousity, why do you keep mentioning the next 9 years? What is going to happen then that would cut off responsiblity?

lpdiver

Dude you got issues...get thee to a competent attorney, maybe several. You stand to lose a lot more than the 5-10 grand a divorce will cost you in legal fees. Been there done that. I had attorneys here in the U.S., Aruba, and Colombia. Some of the best money I spent in the whole process. I handled my own immigration case but let the pro's handle the wet work.

I am sorry to hear about your woes.

Good Luck'

tony

Quyrah_RV

There is no 9 year or 10 year limit to your responsability. I think you are mistaking the 10 year bit. If and that is only IF she works for a continuous 40 quarters of work, which means a continous 10 years (4 quarters per year) without interuption of work, than you are no longer liable if she doesn't become a citizen. But as was mentioned, you are responsible, unfortunately. Just pray she finds another poor sucker american to support her. Please DO pay your child support and make sure you get to see your child, and hope she finds someone quick. It's sad when cases turn sour and I wish we all could have cyrstal balls to know the future, but prudence should always be taken when meeting someone and marrying them no matter how someone is met and the reason they married. You married her in good faith so she has the right to you supporting her.
I'm sorry for you having to have to go through this. Others will give good advice I'm sure.

Best of luck

Quyrah (formerly Mtl, now TN)
RV (formerly TX, now TN)

Folinskyinla

Hi:

The 40 quarters need not be "continuous."

HunterGreen

What a load of **** (self-censored). They can only come after you for any benefits SHE receives. Not for 5 more kids that she gives birth to on American soil (which she has to do or the green card will be most likely be considered abandoned). The kids will be USC's and eligible for any and all benefits. Good to see the NSC employees finally have their facts straight. *rolling eyes*

Elaine

Folinskyinla

Hi:

No the worst possible case is she is in an automobile accident and ends up in a persistent vegative state.

[My apologies -- one lawyers are trained to think morbidly in regards to wills & estates. Also, before my brother died this year from his stroke, we were looking at the very real possiblity of a persistent vegatative state.]

Rete

The I-864 only becomes void if one of these happen:

1. She becomes a US citizen;

2. She dies;

3. She leaves the US and abandons her residency;

4. She is deported and her residency is revoked;

5. She has earned 40 work qualified quarters for SS;

6. The sponsor dies and the estate is settled.

If I forgot any other conditions, I'm sorry Matt.

You are on the hook as long as none of the above have occured even if:

1. You divorce;

2. She remarries.

Rete

Quyrah_RV

Thank you Mr. F. I stand corrected. But I did know that it is required to have 40 quarters which is the 10 year bit most people wonder about if the person doesn't become a citizen, doesn't die. Well, you know what I mean.


Quyrah (formerly Mtl, now TN)
RV (formerly TX, now TN)

Hypertweeky

Hey there Bob:

I am sorry to hear your marriage isn't working, If I were you I would hire an attorney. Your situation seems very complicated (at least to me), I don't want to sound rude but this isn't the place to find an answer to your issue, You need professional help!
Good Luck and keep us updated!

Matthew Udall

Hi Rita,
You are correct in that "his" death would not eliminate his "estate's" obligations under the I-864. To use a phrase used often by my AILA friend, "Love might not last forever, but the obligations under the I-864 certainly might".

And I agree with his "worst case" scenario, where the sponsored immigrant is kept alive in a vegetative state with the tab originally being picked up by the government. I recall hearing an AILA expert giving a lecture on that topic, and an interesting tib-bit that stuck with me was him saying that unlike the medical care that the government could ask reimbursement for, that would not hold true for any government expenses they might incur due to her incarceration in prison.

Hypertweeky

Oh my:scared:

ScottHenshaw

My .02 cents worth:

I think that Udall hits the nail right on the head with his qoute, "Love might not last forever, but the obligations under the I-864 certainly might", and although, I nor anyone here knows the full scoop, (Op did not give us all the detail as to what happened), this may be a lesson for all people thinking of commiting each others life to one another. As to what I was able to extrabpilate from the original posting:

"we started fighting" everyone fights from time to time. If need be go to a marriage advisor, church leader, etc.

"she moved out" - Re-read the above about five times

"then she says "I'm pregnant" - If it is yours, think about the child before yourself. If it is not your child, no need to read the first line any more.

"I want a divorce" - Read all three lines and if it is your baby, read the first line about 50 times and step up to bat, Dad!

"and you need to support me" - Read Udalls qoute again and let it sink in. You made the commitiment and are going to need to work with her even if you need to re-think your position.

Scott

Rete

All of which is fine Scott but she is the one that moved out and she is the one that wants the divorce, not the OP in this instance. So telling him to be a man and do his duty is not the answer. Nor is the answer that the uninformed employee at the NSC (although I think he called the 1-800 number and not the nebraska Service Center). It is unfortunate that in marries such as ours that there is a financial document that binds us more than the vows of marriage. But then again, I can relate how when I was first separated in 1974 the judge would not grant child support until I had registered for welfare. His take on the situation was that a majority of fathers will within the first year of a separate or divorce stop paying child support and then the mother will be without funds until she gets on the dole. So I had to register and the state sent me a check in the same amount as the girls' father's court ordered child support. He in turn had to send his support check to the probation department who forwarded it to the State. And yes, he stopped paying within 9 months of the order and the next three checks were never reimbursed. However, the state did place a warrant out for him and did catch him and they did get their money back. So although we were both US citizens, there isn't any difference between our child support and the need to repay the system for monies advanced and the marriage between a USC and a foreigner when the state pays the child support/welfare and goes after the deadbeat parent.

We don't know the story of their marriage, nor the story of the USC or the story of the foreign spouse. It might have been a one-sided marriage where the FS only wanted the marriage for a green card or it might have been a love match gone wrong. Either way, now the two adults have to work out their problems for the benefit of a child.

Rete