I-864, I-864A - How to enforce obligations? Please help!

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seekinguscis

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I married a US Citizen five years now. Have a child 4 year old. My USC wife applied for divorce. Takes all domestic assets, business inventory, cash in hand and in bank, left me with just a suitcase of clothes and very little money and huge business debt of US$ 100,000 or more.

Earlier, my USC wife did sign one I-864 and I signed I-864A for myself. She had no assets, no money, not even a cell phone in her name.

I established a business flourished it, my wife then asked me to sponsor her mother to the USA from Colombia. USC wife signed one I-864 and I signed I-864A for her mother. Now the mother and she has joined forces and kicked me out from home. Mother came to the USA in mid March 2010.

My question is: I am going through a divorce, in Texas. I got standard visitation rights for my child. I have to pay child support. I am running out of money in two months. How can I enforce I-864 obligations of the Sponsor for myself? Any suggestions, please help, please reply asap! Thank you.
 
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Have you become a citizen or accumulated 10 years of Social Security credits? If yes, the obligations of the Affidavit of Support are terminated.

If not, it is possible to sue an ex-spouse to enforce it. I have read a court case where it was successfully done. However, the amount of support is limited to whatever it takes to bring you up to the "125% of the poverty line" level after accounting for your own income and assets. So if you're already making more money than that, you won't get anything.

However, the way your wife took off with your joint assets gives you major ammunition to use against her in divorce court to return the money she took and minimize the alimony you would have to pay to her. Possibly even make her pay alimony to you, if she destroyed the business with her actions. Courts don't take kindly to people who take off with the marital assets like that. You might be able to get an injunction to force her to hand over the business inventory and some of that money immediately. Make sure you have a good lawyer and act fast.
 
Thank you for your input and support, I appreciate it,

I have not applied for US Citizenship. At present I am a GC holder.

My USC wife sponsored me in 2005. I do not think I have earned 10 years or 40 Credits of SS credit so far. I have been self employed since October 2005. As per SSA website, one can only earn 4 quarters a year. So from 2005 (1 quarter) to now (2009) its only 17 quarters in all. BTW How do I calculate these credits?

At present, I am in the "Discovery" period in the divorce. I have to submit list of inventory and it's value etc.
 
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seekinguscis said:
My USC wife sponsored me in 2005. I do not think I have earned 10 years or 40 Credits of SS credit so far. I have been self employed since October 2005. As per SSA website, one can only earn 4 quarters a year. So from 2005 (1 quarter) to now (2009) its only 17 quarters in all. BTW How do I calculate these credits?
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1 credit per quarter, so you should be about right. The Social Security Administration sends you an annual update with the accumulated credits and eligible benefits.

Regardless, your spouse cannot just "take off" with all your joint assets (even if she physically did so). If you did not set up a prenupt, she can at best take 50%. It may be a tough battle to make sure you get what you are entitled to, but in the end you should get your due. Sorry for the situation you're in, good luck.
 
seekinguscis said:
My USC wife sponsored me in 2005. I do not think I have earned 10 years or 40 Credits of SS credit so far. I have been self employed since October 2005. As per SSA website, one can only earn 4 quarters a year. So from 2005 (1 quarter) to now (2009) its only 17 quarters in all. BTW How do I calculate these credits?
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If you were working in the US and paying SS taxes before your GC, that also counts towards your total.

You don't need to work for a full year to earn 4 quarters worth. They calculate it based on the amount of money you earn, and it's only something like $1000 needed for each quarter. So earning about $4000 in one month is enough to give you full credits for the rest of the year.

Check your latest Social Security statement to see how many credits you have. If you were paying the self-employment tax, you would have been getting a statement every year.
 
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Dear Forum Fellows,
Thank you for your kind input and support, I appreciate your kind advise,

BTW how do I go about to enforce the I-864? Should I go a visit USCIS office through INFOPASS?
What about the I-864A I filed for myself and her mother? What happens there?
Any suggestions? Can her mother or the wife sue me for support on her mother's I-864? Any suggestions?

Please advise, thanks.
 
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I do not believe your financial situation is as bad as you first made out. Be sure your attorney is experienced in immigration issues or has a good relationship with an immigration specialist. She cannot take all of your assets and leave you with all of the debts.

Since at some point you may choose to return to your home country to live, be sure your custody case takes that into account. Ultimately, that is far more important than the financial issues.
 
seekinguscis said:
BTW how do I go about to enforce the I-864? Should I go a visit USCIS office through INFOPASS?
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No. You would file a lawsuit in court. Contact a lawyer to figure out which court and how to file it.

Are you earning more than $13,538/year (125% of the poverty line for 1 person), and living outside Hawaii and Alaska? If both are true, attempting to enforce the Affidavit of Support won't give you anything. The sponsor is only required to provide the difference between your income and the 125% cutoff, if yours is less than the 125% cutoff. See http://www.divorcesource.com/NJ/ARTICLES/sliwinski86.html

Can her mother or the wife sue me for support on her mother's I-864?
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It is theoretically possible that her mother can sue you, although the only such lawsuits I have read about involved ex-spouses. But if your mother-in-law sued, I think you would be able to drag your soon-to-be-ex wife into the lawsuit, as she is the primary sponsor. And then the court might make her and you share the support obligations instead of just you alone.
 
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Concerned4us said:
I do not believe your financial situation is as bad as you first made out.
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Hi Concerned4us, thank you for your kind input and advise, I am grateful. I shall pay attention to your "points" on custody case.

May I ask that is the meaning of your above 1st sentence? Please oblige, thanks.
 
Dear Jackolantern: Thank you for your kind insight and valuable advise, I am grateful. I understand the technicality of the two I-864A. I shall look into all the pointers mentioned by you and other honorable forum companions. I shall put all these to my lawyers table this coming week. Thank you very much for your kind advise.
 
In the above URL, It says : In fact, a divorce eliminates the ability of the parties to combine social security quarters earned during marriage and terminate the contract in that manner. In those situations the sponsor remains liable for maintaining the ex-spouse until the alien either dies, naturalizes, or works ten years and satisfies the 40-qualifying quarter requirement.

Can the credits of both partners be combined to make that 40 credits? I am confused on this issue, please acknowledge with any interpretation, thanks.
 
seekinguscis said:
In the above URL, It says : In fact, a divorce eliminates the ability of the parties to combine social security quarters earned during marriage and terminate the contract in that manner. In those situations the sponsor remains liable for maintaining the ex-spouse until the alien either dies, naturalizes, or works ten years and satisfies the 40-qualifying quarter requirement.

Can the credits of both partners be combined to make that 40 credits? I am confused on this issue, please acknowledge with any interpretation, thanks.
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There is a rule that allows credits earned by your spouse during the marriage, in the years you don't work enough to earn your own 4 credits, to be also granted to you. However, I am not familiar with all the conditions surrounding that, and I don't know how divorce affects that.

But it should be safe to say that in your case, since you worked every year in the marriage, you wouldn't gain anything from your spouse's credits, and would not lose any credits with the divorce. And that neither ex-spouse gains credits from those earned by the other person after divorce (except maybe some possible rule about if the marriage lasted at least 10 years).
 
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seekinguscis said:
Hi Concerned4us, thank you for your kind input and advise, I am grateful. I shall pay attention to your "points" on custody case.

May I ask that is the meaning of your above 1st sentence? Please oblige, thanks.
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In divorce proceedings in the US, a spouse is not allowed to take all of the marital resources. You stated she basically took all of the financial resources. If you can document that she did so, she may be required to return your 1/2 value to you. This may be done in many ways. You need a picture of your total financial circumstances immediately before she left as well as the current situation.

Depending on your business organization, she may also be responsible for 1/2 of the debt. Be sure that you have available for your attorney has all of your business documents and financial statements should she be determined to be required to assume (or have an offset) of the business debts.

Remember that your status in the US should make no difference in your suitability for custody and visitation. A major concern to USC parents is the possibility of international child abduction. You need to be sure that you can overcome any concerns about this occurring. This website is committed to assisting non-custodial parents with custody and visitation issues: http://deltabravo.net/ They are often recommended as having reasonable visitation agreements for various situations (in town, long distance,...)

There are several good forums that discuss family law issues. freeadvice is one and expertlaw is another.

Good luck!
 
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