Enforcing I-864?

[Immigranted]

What is the name of your state? WI

My ex husband was the immigrant and I sponsored him in 2000. We divorced in 2007. He is now threatening to sue me for support.

My question is:

Does he have any chance of this?

Do the courts ever decide in the favor of the immigrant?

I realize that I earn about five times more than he did, and he claims to be disabled now (he was sick from time to time with an endocrine disorder when we were married), thus unable to work, and he said he can't apply for SSI/SSDI because he doesn't have enough qualifying quarters.

Am I on the hook here?

Can I revoke his I-864?

 

[evcalyptos]

You MAY be on the hook, but if you read the I-864 carefully, and do some searching, you will see why there are only a couple of cases posted where the alien has successfully sued for support under the I-864.

If he thinks he has the resources to sue you for support at 125% of the poverty level, well by gum, let's see if he finds a lawyer who will take the case. It looks like a no hoper to me.

Unfortunately, you can't withdraw the I-864 now, and divorce does not discharge your obligation.

 

[Immigranted]

Sigh..thankyou for your quick response.

Sadly, I know that he has no resources or income of his own. He really did suffer from illness during our marriage, and I fully accept that our divorce does not let me out of the obligation. I'm not sure he absolutely can't work at the moment, but that seems to be besides the point....I read in Stump that the immigrant is not obligated to seek work or actually work (I couldn't quite believe it actually).

I've managed to google such things as Cheshire, Stump and Davis, and to be honest I don't think my chances are so good.

He's able to get Legal Aid...I actually got a letter from his attorney, who wants me to settle for a monthly amount (admittedly less than the 125% of poverty level).

 

[evcalyptos]

Well, if you've got the energy for it, you might try to make some noise back. Of course, who will be the winners in a fight like this? That's right, the lawyers.

Have you read articles over at ilw.com? That is a good resource. I'll have a sniff around and see if I can't find any other ideas for you; check back or set your account here for email updates to your thread.

 

[Immigranted]

Update.

(I'm not necroposting, honest! Just wanted to keep stuff in same thread)

Update:

Unfortunately his lawyers are rabid. They DID intend to file, and after I consulted with a local immigration attorney, I was advised to come to an agreement.

I did.

So though I'm on the hook for supporting him (at $650/month instead of the full 125% - by agreement) until his circumstances change, it could have been worse. It's been fairly amicable and he does apparently intend to move back to his home country.

Anyway let's just make sure folk know that I-864 can indeed be enforced by the sponsored party.

 

[evcalyptos]

Anyway let's just make sure folk know that I-864 can indeed be enforced by the sponsored party.

Or can be threatened to be enforced.


Glad things are coming to a close then. Encourage his mama to call him to come home soon!