The immigrant I sponcered is not mentally stable and has been abusive, am I required to support the immigrant due to the I-184?
I sponsored my husband to come to the US. He has become verbally, emotionally and at times physically abusive. I have seperated from him and am getting divorced. He is now thretening me and saying that I owe him financial support and I have to let him know where I live and emotionally support as if he were family because of this form. He suffers from depression and is on medication. Is there anyway to get him out of my life? He has money in a foreign bank account, probably in the 20,000 range and is a full time student receiving student loans. Do I have to give him a monthly payment of 125% of the poverty level since he is not working? How do you know when you sign that form how a person will behave years later? I don't have much money, what can I do to protect myself?
Attorney answers (4)
I take it that you are referring to Form I-864 affidavit of support required to be signed by you when your husband applied for permanent residence through you. (There is no Form I-184 applicable to your situation). As your husband's sponsor, you were required to have an income at 125% of the poverty guidelines in order for his application to be approved (if you did not meet this requirement, there are other ways to meet this requirement).
Answers to your questions: 1) The Form I-864 does not require you to support your husband at 125% of the poverty level or make any kind of monthly or alimony payment to him. Rather, the Form I-864 requires you to be liable for reimbursing the U.S. government if your husband applies/obtains any type of welfare or means-tested public benefits, e.g. food stamps, SSI, . If your husband has $20,000 in a foreign bank account, he is probably uneligible for certain welfare benefits from the U.S. government. 2) True, you did not know how he would behave years later. But Form I-864 and its instructions do tell you that you are liable for a period of 10 years or 40 quarters (under social security laws) from the time that he becomes an immigrant, if he should apply/use any means-tested benefits, even if he is divorced from you unless he dies, leaves the country or becomes a U.S. citizen. 3) If he is already a U.S. citizen, then you don't have to reimburse the government for any welfare benefits that he receives. That's one solution if you want to avoid this type of liability. 4) If your husband is abusive, including physically abusive, or you need to separate or divorce him to protect yourself, you can apply for restraining orders against him from the family law court. The federal immigration laws make an immigrant (a permanent resident who is not a U.S. citizen) subject to removal proceedings if he or she is convicted of a domestic violence crime. Even if your husband is not convicted of a domestic violence crime but violates any restraining orders (from the family/civil law court), it would be conduct which could make him removable under that federal statute. Certain restraining orders can protect you from revealing your current whereabouts, in order to ensure your physical safety. Since restraining orders and divorces are usually a matter of state law, it is best that you consult with a Florida licensed family law attorney about restraining orders available to you in that jurisdiction.
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I take it that you are referring to Form I-864 affidavit of support required to be signed by you when your husband applied for permanent residence through you. (There is no Form I-184 applicable to your situation). As your husband's sponsor, you were required to have an income at 125% of the poverty guidelines in order for his application to be approved (if you did not meet this requirement, there are other ways to meet this requirement).
Answers to your questions: 1) The Form I-864 does not require you to support your husband at 125% of the poverty level or make any kind of monthly or alimony payment to him. Rather, the Form I-864 requires you to be liable for reimbursing the U.S. government if your husband applies/obtains any type of welfare or means-tested public benefits, e.g. food stamps, SSI, . If your husband has $20,000 in a foreign bank account, he is probably uneligible for certain welfare benefits from the U.S. government. 2) True, you did not know how he would behave years later. But Form I-864 and its instructions do tell you that you are liable for a period of 10 years or 40 quarters (under social security laws) from the time that he becomes an immigrant, if he should apply/use any means-tested benefits, even if he is divorced from you unless he dies, leaves the country or becomes a U.S. citizen. 3) If he is already a U.S. citizen, then you don't have to reimburse the government for any welfare benefits that he receives. That's one solution if you want to avoid this type of liability. 4) If your husband is abusive, including physically abusive, or you need to separate or divorce him to protect yourself, you can apply for restraining orders against him from the family law court. The federal immigration laws make an immigrant (a permanent resident who is not a U.S. citizen) subject to removal proceedings if he or she is convicted of a domestic violence crime. Even if your husband is not convicted of a domestic violence crime but violates any restraining orders (from the family/civil law court), it would be conduct which could make him removable under that federal statute. Certain restraining orders can protect you from revealing your current whereabouts, in order to ensure your physical safety. Since restraining orders and divorces are usually a matter of state law, it is best that you consult with a Florida licensed family law attorney about restraining orders available to you in that jurisdiction.
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ALERT:
In my view, your situation illustrates the flaws with the federal statute, Section 213A of the Immigration & Nationality Act, which purports to confer a right on the sponsored alien to sue his U.S. sponsor (on Form I-864) for support at 125 percent of the poverty guideline during the period of its enforceability.
There are many defenses you can raise to a claim for support obligations under Form I-864, including: 1) infringement on your marital rights (e.g. if there is a conflict between the federal statute and Florida divorce laws), 2) that it is legally void for lack of definite terms, 3) illusory contract, 4) duress, 5) unconscionability. You could even make a constitutional argument that it is an interference of your "FREEDOM TO MARRY" because Section 213A penalizes certain classes of U.S. sponsors such as yourself when it conferred a right to the sponsored immigrant to sue for support.
You should consult with a Florida licensed family law attorney and an experienced immigration attorney to deal with the above issues. Good luck!
[Note: The information provided is for consumer education purpose only, is not intended to be legal advice to be relied on, and does not create an attorney-client relationship].
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Kevin Lawrence Dixler
Reputation Level 19
Answered over 2 years ago.
Immigration Attorney in Chicago, IL.
Ms. Lim makes a significant point, when she encourages you to empower yourself. If he is physically abuse or makes threats, then file a criminal complaint with police. You can also get an order of protection to force him to stay away from you. A violation of the order of protection may result in his deportation.
This can help where you notify ICE of the conviction and his repeated harassment, if any. You should not use the convictions to take advantage of the situation. In some situations, a person who needs psychological help may get the message. This can be helpful where the two of you have children together and he may prove eventually responsible. However, you cannot risk physical injury.
Normally, the form I-864s may be used in domestic relations court. Whether the agreements are always successful to get alimony may prove questionable where he has more financial assets.
We have yet to see significant and regular efforts to recuperate public benefits from form I-864 beneficiaries. This may prove to be a good sign that there may be flaws in the I-864 laws.
The above is general information and does not create an attorney-client relationship.
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