Affidavit Of Support

[Kiltboy1]

Hello

Long time reader and traveler to Cali, but first time poster.

I too met my wife in cali and have experianced and still experiancing all the same problems as Pete and many other of you gentleman as well.

I met my wife at LE and i do believe Margui sometimes pushes the men into quick and rash decisions. I am getting off subject--sorry.

I used Gary Bala for my visa and i know he reads the board. Maybe Gary can claify for all of us the rule on the affidavit of support as it reads as far as  seperation and divorce and the obligation that the man must carry.

Gary , i still need to aquire your consultation on my situation with my wife . I will be in touch.

Thanks Guys

Andy in North Carolina

[Gary Bala]

... in response to Affidavit Of Support, posted by Kiltboy1 on Oct 7, 2003

Andy,
Just call me and we'll briefly speak about your situation
at mutually convenient time.

I feel that the topic of immigration Affidavits of Support
(I-864 & I-134) is too complicated to explain accurately
and fairly in a brief "chatline" posting, especially areas
such as the precise obligations of the Affidavit Sponsor, how
and when such obligations terminate or expire, the inter-relationship
of the Affidavit to the federal Welfare Amendments and
state law premarital agreements.

I will say this. I believe that it is important to not only read the
exact words of the signed Affidavit and the "black and white"
rules and regulations of the INA, CFR and FAM, but also be cognizant
of the ways in which these affidavits, as a practical matter, are actually
enforced by Immigration, government agencies and private entities
in the real world. It is also important to be aware
of current immigration trends with regards to the operation and
enforceability of these Affidavits. Naturally, the particular
facts of a given case may also affect your liabilities under the Affidavit.

Regards,
GB

[Kiltboy1]

... in response to Re: Affidavit Of Support, posted by Gary Bala on Oct 7, 2003

Thanks Gary.

I will email you and we can set up a consultation time.

Andy

[cancunhound]

... in response to Affidavit Of Support, posted by Kiltboy1 on Oct 7, 2003

I think it's pretty clear as Steve mentioned earlier, it's a binding contract:

"The I-864 Affidavit of Support is a contract between a sponsor and the applicant that is required for some immigrant visas. In this contract the sponsor agrees to provide financial support for the applicant until he/she becomes an American citizen or can be credited with 40 quarters of work (usually ten years). The sponsor must show that he/she has income equal to or greater than 125 percent of the federal poverty guidelines for his/her household size. The legal basis for the I-864 Affidavit of Support is Section 213A of the Immigration and Nationality Act (INA)."

This is divorce attorney stuff once signed.

[Kiltboy1]

... in response to Re: Affidavit Of Support, posted by cancunhound on Oct 7, 2003

Hello

I understand what the document is for. I needed one wih my CR-1 spouse visa.My queston is , and Gary has stated in the past that this is somewhat of a "gray" area .

I would like to know--for example-if your wife has been here less hn 24 months, which is the time reqired before the status can be changed from "conditional to permanent " status, then if you seperate or divorce prior to that time, and your wife / ex wife , refuses to return to her country(am i revealing to much of my situation here) ,then what is and for how long , is the responsability of the husband/ ex husband , as with regards to the affidavit of support.

Thanks

Andy

[cancunhound]

... in response to Re: Re: Affidavit Of Support, posted by Kiltboy1 on Oct 7, 2003

Hasn't her conditional status been placed in jeopardy in your scenario.  If I recall she needs conditional removed, which requires both of your signatures on the application.  Maybe it's just a rubber stamp for permanent residence because of divorce?  Perhaps, especially if she screwed up big-time, she simple get shipped back home, hence affidavit of support no worries?  Interesting (albeit gloomy) scenario.

[Kiltboy1]

... in response to "As the PL World Turns", posted by cancunhound on Oct 7, 2003

There is really nothing that i have on her except that if we seperate she says she will go to live wih her uncle and his family in Deleware. They are illegals , so if she trys to get money out of me, i can blow the whistle on them with Immigration .
She also i think is a part of the so called "Colombian Network " that i have heard about. I would not put it past her because she has her son here now and refuses to take him back to cali because the father has threatened all with violence and he is an enforcer for the cali mafioso groups and has a history of crime.

I just want to protect my assets and make sure i do not have to support her with money since i offered to send her back to her country.Instead, she isno dfferent then any other woman that does not want to return to her country.

For the record , let me state that she has been a pretty good wife to me and she is extreamly beautiful (looks alot like calipros ex wife actually), but it is my problem in that i cannot accept her son in my life. He is a monster with no disipline and my wife is just not on the same page with me as far as what is right and wrong.

So , this is why the talk of divorce and thus my need for information on the affidavit rule.

Thanks for all the advise

Andy

[moam]

... in response to Re: "As the PL World Turns", posted by Kiltboy1 on Oct 7, 2003

Andy,

Have you guys considered going to couseling, I know that this can be an expensive move, but cheaper than a divorce.
Sometimes it is good for one to be told by a third party that there is a problem and they are the chief cause and solution, then again that is if the other person wants to solve the problem.

Good luck on this one!!

Think I'll just go deep into the amazon, where they don't even have sunlight to get the next wife, way too many break ups here.

[Kiltboy1]

... in response to Re: Re: "As the PL World Turns"..., posted by moam on Oct 7, 2003

I think you might be on to something there moam
I hear the women of the amazon region are justtoo good to be true !

[DallasSteve2]

... in response to Re: "As the PL World Turns", posted by Kiltboy1 on Oct 7, 2003

My wife's son was 5 when I met her and he was spoiled rotten.  He would cry when he didn't get his way and he would throw temper tantrums and hit other children.

I don't use corporal punishment, but I have my own stern discipline.  He has improved a lot in the last year.  Even though my wife didn't think he was spoiled she knew I was not happy with his behavior.  Now he rarely cries or throws tantrums.  

Of course, some may say he was still pretty young at 5, but my son is the same age and was way past that behavior.  Anyway, if you can't get your wife to support the change it will probably create bad will between you and her.

I posted about this here once before and it seems to be a common problem.  I don't know why Colombianas seem to be so bad about spoiling the boys.  Does this explain why the country can't break it's cycle of violence?

Steve

[Kiltboy1]

... in response to Same Here, posted by DallasSteve2 on Oct 7, 2003

Thanks for te story Steve.
I am glad to see i am not the only man dealing with this problem, and it is a serious one for me in my home.The boy wil be 5 in april. His father  is a real  machista , mafioso that constantly causes problems for us.  Guess i also see the father in this boy  and it makes things even worse for me .My wife agrees to an extent that things should change, but stops short of doing anything about it . When i go into disipline mode, well --you would think i was a child abuser.I mean , they need to put me in jail for sending the boy to his room when he does not behave, and of course my wife goes in and gets him immedeately ,and underminds my disipline and lectures me that the boy is"no cupable"--That is a real load of CP !

My 6 year old daughter is well mannered because her mother and i believe in fair, but stern disipline .

You are exactly correct  steve about the 40 years of violence and why itis that way.

I will tell all the "might finda latin bride" men out there one piece of advice. I thought i could love another mans child, and i might could if the situation was right, but i do not recommend it if you have a child of your own--it is just too tough and i believe wll put stain on a marriage that is already going to be strained for a while because of the culture shock of a new life fo your wife in america

Andy

[cancunhound]

... in response to Same Here, posted by DallasSteve2 on Oct 7, 2003

So far so good I think?  Maybe difference here is that my 1-1/2 year old was born here - and my wife didn't have the luxury of a huge Colombian family network to assist.  If anything, I've been the one to pull back on the discipline. This looks to be quite an adventure, the Mrs. is already against American football for him, little does she know I'm going to have boxing gloves on 'em and in the Golden Gloves by age 5 if I get my way.  But I'm going to keep my eyes out after reading these responses!

[Kiltboy1]

... in response to You're scaring me with this news!, posted by cancunhound on Oct 7, 2003

I think if you have a child born here and you both are together from the start on the raising of the chid,there should be a lot less problems.My problem is that my wifes family has 4 woman and her father that does live with them all the time, so the boy has been raised by the women and spoiled rotttttten !!!!

I do mot mean to scare everyone. Each situation is different

[Cali vet]

... in response to Re: "As the PL World Turns", posted by Kiltboy1 on Oct 7, 2003

Andy the scenario with her son is common as can be. Colombian girls are taught to cook and clean house. Colombian boys are spoiled like crazy. I had a friend who had the same situation. The ten year old kid cried if he couldn't sleep in the same room with them. My friend told his wife the kid sleeps in his own room and crying won't hurt him. I've always found it ironic that they spoil the crap out of their male children then complain that the men are mujeriegos who do whatever they want when they grow up.

[Kiltboy1]

... in response to Spoiled Rotten, posted by Cali vet on Oct 7, 2003

You are dead right Calivet.
I have had more conversations wih her then i can remember, but it just falls on deaf ears. You make a great point about that they spoil the males and then wonder why they are MACHISTA !

Just as i am writng this , the little monster just smacked me in the balls and all his mother can say is "QUIADO " hijo.

This is the type of behavior i put up with everyday and i have explained until i am blue in the face , an i speak good spanish--it just does not
change.

I just think i am better off meeting a woman without cildren, or at least a woman with a girl instead of a boy.

Her boy is even mean to my 6 year old daugter and hits her. I am about ready to finish this thing once and for all.

I appreciate the good advise.

Andy