Is it difficult to get my Fiance & 3 children to the USA?

[hotoilmassage]

TO: michaelb
Thanks I will check into this.

TO: william3rd
Thanks again!
I am going down there again at the end of this month.
And youes you could be right about "taking the girl" out of the...
I understand that but you never know, real tears flowed, sadness is in her life and she wants OUT!
So either I am a big fool, or I am man hoping for the best.
And I need Gods will in all of this.

[jm21-2]

William3rd,

Correct me if I'm wrong here, but isn't the I-864 obligation 40 quarters of creditable work under the social security act rather than 10 years? Which means if she's a stay at home mom for X years then that particular timer doesn't even start until if/when she starts working?

[Capstone]

William3rd,

Correct me if I'm wrong here, but isn't the I-864 obligation 40 quarters of creditable work under the social security act rather than 10 years? Which means if she's a stay at home mom for X years then that particular timer doesn't even start until if/when she starts working?

Yes you are right JM - this is what the I-864 says about the sponser's obligation:

"Your obligation to support the immigrant(s) you are sponsoring in this affidavit of support will continue until the sponsored immigrant becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work in the United States.

Although 40 qualifying quarters of work (credits) generally equate to ten years of work, in certain cases the work of a spouse or parent adds qualifying quarters. The Social Security Administration can provide information on how to countqualifying quarters (credits) of work.

The obligation also ends if you or the sponsored immigrant dies or if the sponsored immigrant ceases to be a lawful permanent resident and departs the United States. Divorce does not end the sponsorship obligation."

So basically the sponser is on the hook unless:
1. 40 quarters of SS credit has been reached.
2. The immigrant becomes a US citizen
3. The immigrant gives up their LPR status and leaves the US
4. The immigrant dies

 

[william3rd]

There is also a requirement that the alien receive means-tested benefits for the obligation to ever arrive.

You are right- they removed the ten year/40 quarters a while back for 40 quarters. I never bothered to re-read the form since I never saw it utilized except as a back door way to try to increase spousal support or to attempt to give an entitlement for child support for a step relationship.

[Ray]

 
Oh well let him go get his teeth kicked in if that's what he really wants.
the rest of us already know that's how it's going 2 go down anyhow.
doesn't it always go down that way ??

No pig, nothing “always” goes down like you “think” it will.

I have seen guys marry bar girls/prostitutes and somehow it all worked out very well. A person can reform if they really wish to.

The problem with hotoil is that he thinks he is in love and nothing is going to deter him while his heart is in control of his mind. That’s why I suggested that he give it another year to really test the relationship.

Marriage is always somewhat of a gamble, but some folks push their luck too far by making stupid choices. I hope he thinks this through carefully and makes the right decision.

Due to the circumstances in this case and the dubious background of this lady, I agree with William that he should hire a competent immigration attorney to handle his petition process. There are just too many potential pitfalls and red flags here to ignore.

Ray

[jm21-2]

William3rd,

It appears that the I-864 form has been held to be a legally enforceable contract and that a divorced spouse may sue on it. It looks like there haven't been any SCOTUS decisions on the subject or even circuit decisions, but several federal district courts have held that it's a contractual obligation, though some have said it should be off-set by various factors. It seems they rejected the argument that means-tested benefits had to be used first. I believe they also said the I-134 does not give rise to this contractual obligation. See Hoffman, Geoffrey A., Immigration Form I-864 (Affidavit of Support) and Efforts to collect damages as Support Obligations Against Divorce Spouses - What Practitioners Need to Know, The Florda Bar Journal, Volume 83, No. 9 (October 2009), page 53. Wow my citation form has gone downhill.

I'm still a little unclear how that would work. So say the white knight brings over his girl with 3 kids, then they have one more together. He gets stuck with child support for their kid if she gets custody, that's a given. Now if they got divorced, she got custody of their kid, and she sued to have him support her at 125% of the poverty line would her household be considered a household of 5 and he get credit for the child support he's paying for their child, or would it be she was a household of 4 and no credit given for child support?

In any case, a real mess and a significant tool for leverage in a divorce.

I will have to do more research on what is a creditable quarter for social security the next time the issue comes up.

[william3rd]

It was not intended to be an avenue for support under state law. I testified more than once on that issue a few years back.

It was originally set up to allow for the reimbursement of state entities for the use of means tested benefits by the alien. WELFARE BENEFITS. This form was necessary after the I134 was found to be unenforceable as it gave rise only to a moral obligation to pay.

Keep in mind that the receipt of means-tested benefits by an alien present less than five years is supposed to trigger a removal based on the public charge provisions.

Good question. . .

and the step children while ineligible to receive a child support award, can get support under the I864? And income at the poverty level + 25% somehow gives rise to the alien receiving that amount? Sounds insane.

Of course, most of the guys tagged by these women are well above the poverty level. . .

[hotoilmassage]

TO: Ray
I AM IN LIVE, or else I would NOT be wasting my time here.
And actually we are not rushing all of this.
I am coming to CR this month for a week, then the next month for another week, etc.
She wants me to meet her family but in Febraury as January is OUR ALONE TIME.
If I published the emails and CHATS here, you might see my side.
However, I appreciate all the ball busting.
You all may turn out to be correct after all.
So it may be another 6 months to a year to get married after all, a lot more time than a month.
And YES it is a gamble.
I have a daughter and her mother is a PREDATORY FEMALE, never saw that coming until it was too late, but maybe it is not too late now, who knows?
I am ALSO leaning towards hiring an Attorney.

TO:
jm21-2
SHE CANNOT HAVE ANY MORE KIDS, the last operation took care of that.

[piglett]

TO: piglett
I do listen and am glad your life is perfect as you seem to enjoy judging others.
If I get screwed, that is my fault, but that has not happened yet, my glass is stil half full.
And your negativity amazes me, I find it sad you like to wish ill will to others in love.
Glad you can forsee the future, how are my stocks going to do?
hehehe
You seem like the most negative person I have read in a long time, nice ot know that there are people out there that wish others bad.
Nice to know that because I am nt one of them.

Hey dude do what ever U think that U must do.
I can tell you that i would not want to trade places with you rite now
your heart is saying 1 thing & your head mite be saying something much different
The guys here on this board have given you the cold hard facts
you know now that it's an up hill battle to get her here
& you know about what many of us feel are really big red flags
do what ever it is your going to do & good luck


piglett


PS: sell the stocks & invest in some gold LOL

[hotoilmassage]

TO PIGLETT:


I am hoping and praying this is the oone for me and only time and God will tell.
BTW I have no stocks have 3 businesses and my treasures are in heaven and the streets are made of Gold there.
Earthly goods mean nothing to me or her.