Urgent -- Affidavit of support

[santoshvgeorge]

State-Pennsylvania
I want to sue my spouse for affidavit of support I am a permenant resident.
she filed for divorce,wWe have a child.

I have copy of affidavit where do i go to sue and how to do it. I have no attorney and unable to afford one, I am unemployed.
I have been in USA for 6 years now married in 2005 seperated currently since 2009. have worked only 3 years tilll 2008.
I have no income now.

I need help to tell me the steps to proceed with sueing my spouse who abandoned me.
Please give advice ASAP

 

[Proserpina]

State-Pennsylvania
I want to sue my spouse for affidavit of support I am a permenant resident.
she filed for divorce,wWe have a child.

I have copy of affidavit where do i go to sue and how to do it. I have no attorney and unable to afford one, I am unemployed.
I have been in USA for 6 years now married in 2005 seperated currently since 2009. have worked only 3 years tilll 2008.
I have no income now.

I need help to tell me the steps to proceed with sueing my spouse who abandoned me.
Please give advice ASAP

(This is a duplicate thread, but I advised OP to put it here as it was in Immigration to begin with).


Okay, so here's the info again

http://divorcelawyerconnecticut.wordpress.com/2010/10/05/i-864-affidavit-of-support-enforced-in-divorce-proceedings/

http://uslegalvisa.blogspot.com/2008/12/cheshire-v-cheshire-i-864-affidavit-of.html

http://www.ilw.com/articles/2006,0110-wheeler.shtm


OP, in every case of which I'm aware the decision has gone in favor of the sponsored immigrant.

You really are best of getting an attorney for this, because suing in federal court isn't easy.

You CAN however try and simply sue for divorce in family court, and request spousal support based on the terms set forth in the I-864.

As you likely are aware your spouse is obliged to support you up to 125% of the Federal Poverty Level. Case law is iffy about whether you have a duty to mitigate; in the earlier cases it was ruled that the immigrant was under no obligation - per the actual terms of the I-864 itself - to seek work or become employed.

Later cases though seem to be swaying a little in the other direction. Time will tell.

Note: if Mom is the primary caregiver of your child, you may want to weigh up the expense of suing her for support versus what you'll be expected to pay in child support...

 

[mistoffolees]

(This is a duplicate thread, but I advised OP to put it here as it was in Immigration to begin with).


Okay, so here's the info again

http://divorcelawyerconnecticut.wordpress.com/2010/10/05/i-864-affidavit-of-support-enforced-in-divorce-proceedings/

http://uslegalvisa.blogspot.com/2008/12/cheshire-v-cheshire-i-864-affidavit-of.html

http://www.ilw.com/articles/2006,0110-wheeler.shtm


OP, in every case of which I'm aware the decision has gone in favor of the sponsored immigrant.

You really are best of getting an attorney for this, because suing in federal court isn't easy.

You CAN however try and simply sue for divorce in family court, and request spousal support based on the terms set forth in the I-864.

As you likely are aware your spouse is obliged to support you up to 125% of the Federal Poverty Level. Case law is iffy about whether you have a duty to mitigate; in the earlier cases it was ruled that the immigrant was under no obligation - per the actual terms of the I-864 itself - to seek work or become employed.

Later cases though seem to be swaying a little in the other direction. Time will tell.

Note: if Mom is the primary caregiver of your child, you may want to weigh up the expense of suing her for support versus what you'll be expected to pay in child support...

I would definitely want to talk with an attorney before doing anything. The initial consultation might be free or low cost. I would ask about a couple of things:

1. Should OP sue in family court or federal court? I could picture a family court being less familiar with the law than federal court.

2. Can OP ask for attorney's fees to be awarded.

 

[Bali Hai]

(This is a duplicate thread, but I advised OP to put it here as it was in Immigration to begin with).


Okay, so here's the info again

http://divorcelawyerconnecticut.wordpress.com/2010/10/05/i-864-affidavit-of-support-enforced-in-divorce-proceedings/

http://uslegalvisa.blogspot.com/2008/12/cheshire-v-cheshire-i-864-affidavit-of.html

http://www.ilw.com/articles/2006,0110-wheeler.shtm


OP, in every case of which I'm aware the decision has gone in favor of the sponsored immigrant.

You really are best of getting an attorney for this, because suing in federal court isn't easy.

You CAN however try and simply sue for divorce in family court, and request spousal support based on the terms set forth in the I-864.

As you likely are aware your spouse is obliged to support you up to 125% of the Federal Poverty Level. Case law is iffy about whether you have a duty to mitigate; in the earlier cases it was ruled that the immigrant was under no obligation - per the actual terms of the I-864 itself - to seek work or become employed.

Later cases though seem to be swaying a little in the other direction. Time will tell.

Note: if Mom is the primary caregiver of your child, you may want to weigh up the expense of suing her for support versus what you'll be expected to pay in child support...

Really? You mean hard working people are sick and tired of the government forcing them to continue to work indefineately for others riding the gravy train??

 

[Proserpina]

blather

Do try to contribute something useful.

 

[Bali Hai]

Do try to contribute something useful.

I wasn't aware that you had the ability to alter another members posts...that explains alot.

I did contribute something useful, depending on one's point of view, and it's well known where you're coming from.

 

[Proserpina]

I wasn't aware that you had the ability to alter another members posts...that explains alot.

I did contribute something useful, depending on one's point of view, and it's well known where you're coming from.

Yes, it's very well known where I'm coming from here.

I'm coming from the side of the law.

What a novel concept!

 

[Artemis_ofthe_Hunt]

I wasn't aware that anyone could alter anyone elses post... ...that explains alot.

I did contribute something useful, depending on one's point of view, and it's well known where you're coming from.

Fixed it for ya, Bali

 

[Proserpina]

Fixed it for ya, Bali

THAT was bloody funny!

 

[Artemis_ofthe_Hunt]

THAT was bloody funny!

Thank you... I think I was a comedianne in another life