Print Page - Affidavit Of Support

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

... 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

... 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.

... 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

... 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.

... 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

... 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.

... 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

... 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

... 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!

... 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

... 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.

... 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

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

Cali Vet

That would work great for me, but he will not be 5 until april and i know his mother will not go for that. Not sure if there is anoter solution.

It is my fault though. I traveled many times to cali to visit her, but made the mistake of spending most of the time with her an not enough wih her and her son together
BIG NO NO !!!

Andy

... in response to Re: Re: Re: Spoiled Rotten, posted by Michael B on Oct 7, 2003

your letting a 5 year old dictate the emotional tone of your household. Ignore the little sheet and keep his mom. There is know way in hell I'd let a child that young have such a devastating impact on my life. Hes still young enough to respond to methods that will change his behaivior. Misbehaving 5 year olds dont even exist in my mind, with in 1 week this kid would be BEGGING for my attention. I have to believe there are other issues

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

I believe that if you separate prior to her receiving her final papers and you refuse to sign off on the papers all bets are off. This came up some time back. You don't have any obligation to stay with her if the relationship is not working. I would get to an attorney as soon as possible to protect yourself. Sometimes taking the right actions will show just how serious you are and she may then realize that she does not have as many options as she thought. Bottom line get professional assistance.

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

Yes there is a document you will have to sign for her to remove conditions from her green card, this does not lift your obligations under the I 864

I'll tell ya, throughout the whole process for me it came down to this very document. I read it researched from every angle and in the end i put the I 864 on one side of the scale and my wife on the other. Shes due with our first child friday and i feel pretty comfortavble in this loving relationship.

I think the best approach is to push towards citizenship, it seems ive heard that she can start applying for that after her feet have been on US soil for 3 years. 40 quarters of paying into SS, Citzenship, she goes back home or dies are the 4 circumstances in which your financial obligation for this woman will be lifted

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

I dont think so. That document is put in place to insure that the government or some private organization dont get stuck holding the bill for an immigrant who enters fraudulently. You are saying to the INS that no matter what happens i will support this woman under any circumstances and she wil not become a burden to the federal governemnt or others in the private sector. If she leaves and 5 years from now she gets hit by a car and runs up a bill in a hospital you can bet they will be coming ofter you for the cost. I think that is the intent ans spirit of that document.

I lost my job shortly after my wife arrived and shes since become pregnant. While on unemployment I went down to the county welfare office to see about getting her covered on medicaide and they turned us away, I was kind of shocked. In the county i live in they have a net (county program) that caught us and luckily we were able to access health coverage for her at that level. If we would have been divorced or seperated Im sure they would have given her the benes and come after me for restitution.

I think it is really in place for large amounts and I wonder about the enforceability of the document, but make no mistake its their to make sure you support this woman while shes in the USA and i dont remember reading anything about a date when it expires.

... in response to Re: Re: Re: Re: Affidavit Of Support, posted by bryan on Oct 8, 2003

there have been other problems that have affected our relationship, but the child is the big problem. A colombian woman will always be more devoted to her child then to her husband. The history of the man not being around very long is entrenched in there culture.I refuse as you say to let the 5 year old dictate my relationship, but the mother sides with the child and sleeps with the child most nights because the child pulls a fit. I have put my foot down many times and it only lasts about a day or so before she goes back to her old ways. She is just not able to balance the child and me. I am 39 years old and she is 28 . I am mature and she is not. I also do not want to waste the next 3 or 4 years on a woman tha is inmature in th hopes she will change. My best option is to cut my losses as she has only been in the country for 8 months. It will be much more difficult after she has been here 24 months.

Andy

... in response to Re: Re: Re: Re: Affidavit Of Support, posted by bryan on Oct 8, 2003

That is my impression as well, but i am going to contact Gary Bala (did my visa) and get his imput so i am crystle clear.

It maks a big difference on how i proceed from here.

Andy

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GoodWife / Planet-Love Archives => Threads started in 2003 => Topic started by: Kiltboy1 on October 07, 2003, 04:00:00 AM