Hazards of I-864

C

Carlton

New Member
Wondering if anyone can help or offer a place to go for help. I'm an American who married a foreign national. We were married in 2002 and she has a 7 year old son. After just a year, she made wild accusations against me implying I abused her son. She filed for divorce. Ironically, she just had her status adjusted. Although she has a work authorization, she does not work. She is demanding support for 10 years based on the I-864. There's no way for me to prove she married me with unhonorable intentions. To be honest I'm not sure if that's the case. At the same time, the wickedness of her charges and the timing is very suspect.

Can anyone point me to a precedent where the I-864 isn't held against a sponsor?

Thanks
 
You definitely need a lawyer. According to me your obligation will most likely last until she applies for citizenship (in other words within the next years while she's still within the given status as a resident). Upon its ending, in case of divorce etc. she probably wont get citizenship, having in mind the circumstances, cause she's a family-based immigrant.
If you can prove fraud, fake marriage, hidden intention of the so called "economy immigrantion" - leaving their countries because of poverty, even blackmailing - your obligation will probably end when her present status expires. In I-864 it's said that divorce doesnt terminate your obligation to support her. Well, but that's in the case while she's in a status (as she is right now). But divorce definitely turns her chances down to zero to prolong or get USC later or any further status, especially if you can prove fraud.
THAT"S MY OPINION , dont take it for granted.
That's why you'll need a good lawyer, and it's not a hopeless situation. Good luck.
 
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And further, there was a thread here in the forum - angry USC spouse wrote just a simple letter to INS- an explanation that her foreign spouse married her because of bla-bla other reasons and cheated on her, and that their marriage was fake. ANd the next thing was - an automatic letter of denial from INS,
It's much more difficult for an immigrant to prove real intentions when marrying a USC than for a USC to prove that the marriage is fake and he's been cheated. I hope you'll be OK. Get a lawer.
Your case really made me upset. I am a foreign spouse of a USC too but, that should't be the case. You know marriage is for a lifetime. Keep up with the thread if something changes. And I really wish more luck.
Just dont know what to say, but really belive that all this will have a happy end!
 
Did she file for divorce before or after the adjustment?

Also, did she get the permanent GC or only a conditional?

This stinks! I'm sorry to hear that....
 
Thank you all for your kind words of support. This case became even more confusing to me because my wife asked to meet with me prior to our pre-trial court appearance. At that time she said she no longer wanted any kind of support from me. I actually had to convince her that she did need something from me to the point of writing down what I thought to be fair to her (yes, my lawyer slapped me around a bit on that one). Anyway, she was adament that she wanted nothing. When we arrived at court, her tune changed. She not only wanted support for 10 years, but a car, health and dental and a $15000 lump sum payment to start. I was stunned. However, we are now a week away from the final court appearance and she's now turned around again and wants minimal support for a few months...and that's it! My heart says to give her more. I know how hard it will be for her and her son on their own in this country. My head (lawyer) says, she gets what she deserves. Divorce is an ugly business. Anyway, thanks again for your support and best wishes to you.
 
how did she adjust her status without an interview and you? did she get a conditional or unconditional permanent residency?
 
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