I-864

[Jimmy]

Some of you know that I live in Ukraine on a temporary work assignment and am involved with a Ukrainian lady.  My work will end here shortly and I will return to the US. I plan to bring Elena back with me using a DCF, I-130 filing.  My question stems from the I-864 Support Document.  Does anyone know of many that are now obligated to repay the support supplied by the Federal of State agencies to foreign wives that have left them and now are on public support programs?  Is this a common occurrence and what can they get?  I have a 401K savings and pension plus real estate in the US.  According to the I-864 the sponsor will have to repay any funds given to the wayward spouse should they chose to collect these support payments.  I am concerned on how often this is happening and is it being enforced?  I am sure this has happened but how often is the enforcement being realized?  Money is important to me and I can't afford to shell out lots of money and then start over again.  I don't have enough life left to recover.

Yes, I think I know Elena and we have lived together for a year now.  I believe I can trust her to stay with me but you never know.  What protection can I get?  Any first hand experiences out there would be appreciated.  My email address is listed.

Also if anyone is thinking about coming here to live then just contemplate what you are leaving behind.  Once here it is very hard to get back home and into the swing of things again. I am not bashing living here but you can't take the place of the USA.  These people will give their right arm for a visa.  I know.  I have been here for a year now and am very happy to return to good ole US soil.  I didn't think I would feel this way when I came here but it has hit home lately and now I want to feel the security of the borders of the USA.  Americans are very vulnerable when outside our comfort zone.  I feel it everyday.  We are not very well liked anywhere but home.

Anyway please help me with the questions of support enforcement and what real life stories you might have.

And BTW when you find the love of your life, the rest of the scenery falls away and you will want to return home.  I do.  Only playboys will enjoy it here and suffer for the benefit of easy scores.  Honest and faithful ones will see the plight of these people and nation and find that the US has much more to offer.

As always this is only my humble opinion and yours will certainly vary according to your desires.

Best Regards,

Jimmy
Ukraine

[charles]

... in response to I-864, posted by Jimmy on Nov 1, 2001

If you divorce within two years of marriage she cannot get a green card and hence no I-864 obligation unless she claims abuse - the latter exception has been used on several occasions.  With the current immigration climate I don't think you should assume that these obligations are not likely to be enforced, particularly if the government begins a more aggessive tracking of immigrants and permanent residents.

[Dan]

... in response to I-864, posted by Jimmy on Nov 1, 2001

Jimmy,

I agree with Ken. While I too have no direct experience with any enforcement action, simple logic - and LOTS of posts on various boards bear it out - that the government almost never prosecutes enforcement of the I-864.

I have been on this board for approximately 3 years now - and I follow a couple of others as well. I cannot recall seeing a single person come on the board to say that they, or someone they knew, was being held acountable for the I-864. I think, if it were closely enforced, we would see more reports of enforcement.

Out of curiousity - for those that frequent the 'Whiner's board' (that would be RWNA) - with all the squealing those guys do over there - someone is bound to be claiming they are being "victimized" by an RW and the US Government through legal enforcement of an I-864. Anyone seen anything over there that seems the least bit credible???

Having said all this - please remember that you are, indeed, signing a commitment that obligates you to pay something if your relationship should fail - and that commitment should not be taken lightly simply because enforcement action seems unlikely. Knowing just a small amount about your situation, I suspect your real financial jeopardy would come from the divorce court, should things not work out.

Best of luck to you Jimmy!

- Dan

[Tom H]

... in response to Re: I-864, posted by Dan on Nov 1, 2001

The I-864 can be used if she has a kid  in domestic relations court. She can try to get child support using this document. She would not need it for herself as the alimony/ spousal support would be higher. This was tried on me but a settlement was reached. The I-854 is used in Local courts not fed.
tom

[KenC]

... in response to I-864, posted by Jimmy on Nov 1, 2001

Jimmy,
No actual experience to report, but just some logic.  The way I understand it, you are going on the hook to reimburse the government for costs if: you get a divorce, if she needs public assistance AND if they (the government agencies) can possibly put two and two together.  Break down the odds as I see it:
Divorce- 50/50 (if it is less in your mind, why did you marry her anyway?)

Ex going on public assistance- Does she have a profession? Pride? (only you know her character)

Chances of the INS and the Dept of Health and Welfare communicating data as they should- probably nil.  The only horror stories worse than the INS is H&W.  As we all have recently found out, the INS data isn't even shared with some security areas of our government.
KenC

[Richard]

... in response to Re: I-864, posted by KenC on Nov 1, 2001

I wouldn't count on the "Health & Welfare" people as you put it not to pursue every avenue to provide support.  In the mid 1990s Pennsylvania started getting more serious about enforcing child support.  The were publishing names in the newspapers and there was some talk about lifting professional licences (doctor and cpa licences as an example.)  I don't know how this turned out as I left Pennsylvania in 1995 and basically made a fresh start in the south.

I'm beginning the process of bringing someone over and that support document looms big in my mind.  What looms even bigger is the homestead law here if Florida which, as I understand, basically gives your new spouse half of your house.  Yes half the house - not half of the *appreciation* of the house after the marraige as in most non community property states.  (Disclaimer - I'm not a lawyer, so I could be misunderstanding something here.)

[KenC]

... in response to Re: Re: I-864, posted by Richard on Nov 1, 2001

Richard,
Not to debate with you because as I said, I based my post on logic, but child support is a bit different than the I-864.  As I understand it, the I-864 makes you liable to reimburse any costs that the government might incur from supporting your Ex-Russian wife.  Your ex would have to be on public assistance and then they would have to put it together that they could get you to pay for it.  That seems like a far stretch from paying to support the children you fathered.  I know there is a lot of problems with the Friend of the Court but any man that runs from his responsiblities to his children should be hunted down like a dog.
KenC

[Richard]

... in response to Re: Re: Re: I-864, posted by KenC on Nov 1, 2001

I agree with you that in order for the government to come after you, your spouse must go on government support programs and the government must make the connection with the I-864 is a streach.  However, the point of my post was that people should *not* assume that it will not happen.

While child support is different than the I-864, some of the men involved in this process do bring over women with children and could potentialy get involved in the child suport process.  Again, my point is that while the probability of the I-864 being enforced may be low, it is *not* zero.