Wife split!

[Doll]

As far as you just wanting "what is fair" in your divorce???  There are lawyers who will just eat you up and spit whats left of you out.

"Fair" for Wayne is sending O back to Russia with nothing. What  fair for the lawyers is different. :evil:

[Doll]

I do not think that O wants to return to Russia to stay there.  She specifically requested ROUND TRIP airplane tickets.  She has the two year green card and can return to USA.

Then she just wants tickets

[groovlstk]

A guide for Russian Tourists in NYC? Honestly I doubt any decent travel agency would hire a hairdresser without any education from Russian province and without any work and life expirience in U.S.  as a NYC guide. To have a charm is not enough for such job. I don't know, but maybe she is a genius in NYC history and culture.

Much of Brighton operates in a time warp. People are hired at firms because a family member or friend works there, or they're a friend-of-a-friend.

I agree w/Tim though, the whole story sounds fishy.

[Doll]

The "translation" is fishy

[OlgaH]

I don't know Wayne it sounds fishy to me.  There are literally thousands of women in the NYC area who speak good Russian and English who would also want that job and why import O to do the job????

Wayne, I also agree with tim 360 that her "guide job" sounds fishy,  but as you said the arbitrator would find everything out and your attorney must do so. And I also wish you the best.

[JNSampson]

Sorry to hear what happened. However, believe it or not, it is not as uncomon as you may think. You are the victim of a marriage fraud scam. Be VERY careful from this point out. She may allege that you assaulted her, charge you with domestic violence, etc. so she can self petition and avoid the interview process with USCIS in its entirety.

I know of what I speak. I am a retired US ICE agent with 27+ years of experience and over 100 marriage fraud investigations under my belt. Sad to say, you are one more victim in a long line of victims.

If you want, contact me directly and we can talk. Send me an email if you wish.

Regards,


John N. Sampson
Aurora, CO

[JR]

Under no circumstances be alone with her. Change the locks. You may have to provide for her but you don't have to be with her. She can and will claim you hit her and file for status based upon Batter Spouce rights. You will be branded a wife beater with the govenment and will have NO recourse as it will be done thru the INS and they have no avenue for you to clear your name once it is done.
Buy a camcorder and use it anytime you have to be in her presence. Call the INS and let them know what happened. Get an attorney and file for a divorse IMMEDIATELY.

NO MR. NICEGUY! This is the rest of your life you are talking about and the S*** which is currently coming down your street will ruin the remainder for you.

Get legal seperation status ASAP. LIKE YESTERDAY! That should help protect you from the debt she is piling up.

Good luck man. It is a tuff road ahead. Be strong and firm.

[JR]

Ok, just read the date on this thread, LOL.

Maxx-Dude, RIGHT ON!!!

[dobradavid]

Although the language in that form sounds draconian, I haven't heard of a single case of anything being enforced as a result of that document being signed.

In fact, in divorce proceedings in Ft. Wayne, Indiana, the judge ordered spousal support based on the I-864.

[Maxx2]

In fact, in divorce proceedings in Ft. Wayne, Indiana, the judge ordered spousal support based on the I-864.

That was the "Stump decision" He had to make up the difference in her pay from what it would be if she made the amount as guaranteed on the 864.

In my converstation with John Sampson the I-864 might be enforced on a Federal level now what with the new administration. That is the talk coming out of the USCIS. John has contacts there.

Thanks Jollyrats.


Maxx

[Wayne]

I received a copy of the form that Wife’s Attorney sent to the court concerning mediation.  Under health, it said:

“Not good, vascular disease of the brain, clots, emotional/mental health problems, Nov. car accident”

Under employment, it said:

“Unemployed due to health problems and car accident injury Nov 08.”

There were no supporting documents presented, such as police report, car insurance forms, medical records, etc.

A couple of months ago, I received a letter from my car insurance company saying the rate for O’s car was going up because of accidents and/or tickets.  Of course, it has been many years since I received a ticket or was involved in an accident.  I think the rate more than doubled.

So I am very sorry if Wife was in an accident and was hurt!  I would never wish her any harm. However, I am sorry that I ever purchased that vehicle!

O never had a car before and did not drive.  A couple of years ago, unknown to me, she tried to have her girlfriend, E teach her to drive in her car.  O got into an accident that was her fault.  Neither driver had insurance.  O asked me to send money to pay to fix both cars, which I did. 

A few months before O came to America, she took drivers instruction from a proper class, and received her Russian license.  However, she did not have a car in Russia and did not practice much.  When they came to Michigan, Wife was driving on her Russian license.  As far as I know, she did not get a Michigan license, as she needed the green card before she could get one.

So any of you guys who has a Fiancee who wants to learn to drive, be careful.  Be sure to use a proper driver’s trainer with insurance.  Have her practice a lot with you before turning her loose with her own vehicle.

So if Wife is not working, how is she getting money to live on since last Fall?  Let us guess:

She mentioned a “boyfriend”.  Perhaps he is supporting them?

They could be in a woman’s shelter.

Daughter is 18 years old, so ADC is out.

Daughter could be working and supporting them both.

Would O qualify for SSI?

They could be working and getting paid in cash.  There are many jobs that that might be, from cleaning, cooking sewing, etc.  Or stripper or prostitute. 

O has a Cousin who lives in LA.  She has friends in several states,  They could be living with one of these.

After O got into the car accident in Russia, she told me she was afraid to drive again.  I wonder because, now, she says she does not want the car.  I wonder if the air bag failed to inflate.  Perhaps there was a defect?

Anyway, I hope that O recovers. 

And so, the saga continues……..

[Maxx2]

What a mess! Wayne should move away and seek a new identity.

[kievstar]

Wayne, if the accident was serious there would be a police report and this is public information you can see.  If no police report, insurance companies would not pay.  You may want to get this so you know if accident was serious.  It will state whether she went to hospital as well.

Wayne good advice on driving.  I just signed my wife up for 2 months of driving teaching in Kharkov.  Was only around 400 usd.  But I will never be in the car when she drives and she is getting a large suv to drive for her safety.   

[Wayne]

Well, there is good news and bad.  I just came from my insurance company office.  I asked what the surcharge on my policy was about.  The letter said because of accidents and/or tickets.  So the lady checked on her computer and said there was an accident last November.  So I asked for the details.  It turns out my AW exwife that I divorced 16 years ago was still listed as being in my household.  She got into the accident!  So the good news is that the surcharge is removed from my policy.

However, there was no accident reported for O's vehicle.  That would be very bad news if she got into an accident and did not get the car repaired.  Of course, I have no idea where she is living, or where the accident took place. 

So the only recource I can think of is to have my Attorney supeona the information from O.  I would also include medical records and information about where and how she is living. 

Any other ideas?

[Muddy]

HOw is it going Wayne?

Long time, no update

Check your topic once every week

[mies]

I wanted to get a reasonable used car that gets good gas miliage, but she wanted an expensive luxury car. 

read the thread, got curious. By "expensive luxury car" do you mean something like this



or maybe this


or this


you did a wrong thing comparing your step-daughter to a visiting student. Visiting student most likely had very different (more favorable) environment at home, and for her getting straight A's in USA was easy. Your stepdaughter didn't take any English back in Russia- how can she be getting A's in american school?

[Mark8000]

I have first hand knowledge of many of the issues surrounding the I-864 and dissolution proceedings. For those of you that think it is not an issue, you should think again. The I-864 is controlling both before and after marriage.

The bottom line is that you are responsible for the woman you sponsor until she dies, or earns so many SS credits [44 ??].

Enforcement by the Govt. is not the issue. The woman you sponsor can bring a totally separate and independent action against you for support. She can do this whether she ever received aid or not. She can also make it part of the dissolution, or, file it in Federal Court after you get divorced !!!

A friend of mine demanded that it be made a part of his divorce, and had his wife give up all her rights under the affidavit as part of the settlement. This was approved by the Judge.

Here are some cites that may help in understanding the "problem".
Note that several State courts have already ruled on this issue : Florida, Indiana, LA,
Ohio, Oaklahoma. I have not researched this for over a year so some things may have changed, and some of the cites seem to be bad. I have all of this information and the opinions right in front of me, if any one needs help in tracking this stuff down.

1) Federal register cite: 71 FR 35732
    www.uscis.gov/propub/DocView/frid/1/1555/1599/1600

2)  ww.ilw.com/articles/2006,0110-wheeler.shtm

3) Stump v. Stump
2005 U.S. Dist.Lexis 26022 (2005)
1:04 CV 00253-TLS-RBC- Northern District of Indiana, Ft. Wayne Division

4) Moody v. Sorokina (2007)
2007 NY Slip Op 947; 830 N.Y.S.2d 399; 2007 N.Y. App. Div. LEXIS 1327

5) Cheshire v.Cheshire (2006) Florida
2006 U.S. Dist.LEXIS 26602

6) Ainsworth v. Ainsworth (2004)
M.D. La May 2004

7) Davis v. Davis
2004 WL 2924344 (Ohio-2004)

www.immigdaily/cases/2005, 1107-stump1.pdf

9) Schwartz v. Schwartz (2005)
2005 WL 1242171 (W.D. Okla, 2005)

[Faux Pas]

I have first hand knowledge of many of the issues surrounding the I-864 and dissolution proceedings. For those of you that think it is not an issue, you should think again. The I-864 is controlling both before and after marriage.

The bottom line is that you are responsible for the woman you sponsor until she dies, or earns so many SS credits [44 ??].

Enforcement by the Govt. is not the issue. The woman you sponsor can bring a totally separate and independent action against you for support. She can do this whether she ever received aid or not. She can also make it part of the dissolution, or, file it in Federal Court after you get divorced !!!

A friend of mine demanded that it be made a part of his divorce, and had his wife give up all her rights under the affidavit as part of the settlement. This was approved by the Judge.

Here are some cites that may help in understanding the "problem".
Note that several State courts have already ruled on this issue : Florida, Indiana, LA,
Ohio, Oaklahoma. I have not researched this for over a year so some things may have changed, and some of the cites seem to be bad. I have all of this information and the opinions right in front of me, if any one needs help in tracking this stuff down.

1) Federal register cite: 71 FR 35732
    www.uscis.gov/propub/DocView/frid/1/1555/1599/1600

2)  ww.ilw.com/articles/2006,0110-wheeler.shtm

3) Stump v. Stump
2005 U.S. Dist.Lexis 26022 (2005)
1:04 CV 00253-TLS-RBC- Northern District of Indiana, Ft. Wayne Division

4) Moody v. Sorokina (2007)
2007 NY Slip Op 947; 830 N.Y.S.2d 399; 2007 N.Y. App. Div. LEXIS 1327

5) Cheshire v.Cheshire (2006) Florida
2006 U.S. Dist.LEXIS 26602

6) Ainsworth v. Ainsworth (2004)
M.D. La May 2004

7) Davis v. Davis
2004 WL 2924344 (Ohio-2004)

www.immigdaily/cases/2005, 1107-stump1.pdf

9) Schwartz v. Schwartz (2005)
2005 WL 1242171 (W.D. Okla, 2005)

Interesting. Good post.

[Wayne]

The mediation session is scheduled for next week.  It will be interesting to see if wife shows up.  The fees for the mediation are $135 per hour with both parties paying half.  Both parties also must have their Attorney present, so they will charge their hourly rate.  In any event, the attorneys make out well. 

Remember, we thought that wife and daughter had gone to NYC.  I had offered that wife could keep the car if she was willing to take over the payments.  She refused!  The car was repossed in the NYC area, so it confirms that they must be there. 

If she has no car, I wonder how she will return for the mediation and/or all the other events that she would have to attend?  An airplane ticket fro NYC to northern Michigan would cost about the same as a ticket from NYC to Moscow. 

When I filled the adjustment of status and filled out the form mentioned above, I only filled in the absolutely necessary information on the form.  I did not list my assets, stock and bonds, etc.  I did not promise to provide any certain amount of money per month.  I guess I should look back at the form to see just what I promissed.   

[HiTech]

When I filled the adjustment of status and filled out the form mentioned above, I only filled in the absolutely necessary information on the form.  I did not list my assets, stock and bonds, etc.  I did not promise to provide any certain amount of money per month.  I guess I should look back at the form to see just what I promised.   

You promised to reimburse the government should she receive public funds.  The assets you listed have nothing to do with what you promised to give, it was only so you could show proof of being able to do what you promised.

HiTech

[dobradavid]

I have first hand knowledge of many of the issues surrounding the I-864 and dissolution proceedings. For those of you that think it is not an issue, you should think again. The I-864 is controlling both before and after marriage.

The bottom line is that you are responsible for the woman you sponsor until she dies, or earns so many SS credits [44 ??].

It's 40 quarters. And you may not know as much as you think. It's important to go into court fully prepared.

Alien vs Sponsor: Legal Enforceability Of The Affidavit Of Support

http://www.ilw.com/articles/2006,0110-wheeler.shtm

[Ronnie]

My first postings on RW Guide back in 2003 were on the perils of the I-864.  I was immediately labelled a "troll" and told that despite the plain wording of the form, no court would uphold it's terms as there had not been a case doing so.  I replied that there had not yet been a case perhaps but that was only because the form was too new.

Well, now that 6 years have passed, the question has been a matter of court review and the clear terms of the affidavit are enforceable for life unless the spouse chooses to work or abandon her GC status or become a US citizen.  All of which she now has a disincentive to do.

Here's a synopsis of Moody v Sorokina:

New York Appellate Court: Husband is bound by terms of Form I-864 – federal Affidavit of Support in divorce action

In Moody v. Sorokina, a Ukranian national emigrated to the United States to marry her eventual husband in New York. Following the marriage, the husband executed a Form I-864 Affidavit of Support in which he agreed to support his wife at or above 125 percent of the federal poverty line. Several years later, the husband filed for divorce in New York state and his wife sought to enforce the Affidavit of Support for purposes of determining the amount of support payments to be made by the husband. A trial court rejected the wife’s argument and held that the affidavit could not be enforced in court by private parties.

On appeal, the Fourth Department, on February 2, 2007, reversed the trial court and held that the execution of a USCIS Affidavit of Support creates a legally enforceable agreement between the parties involved that can be enforced by the sponsored immigrant in any federal or state court. Moreover, the Fourth Department explained that the terms of the agreement are not affected by a subsequent judgment of divorce. As such, the agreement remains fully binding on all parties until the sponsored immigrant “has worked 40 qualifying quarters of coverage,” as defined by the Social Security laws.

The message of this case, found at Moody v. Sorokina, 2007 NY Slip Op 00947, is that any person who signs a Form I-864 Affidavit in New York can be sued to enforce his or her support obligation as expressed in the affidavit. Although this particular case involved spouses, the opinion can be fairly read as extending to all actions involving the sponsorship of immigrants with an Affidavit of Support. Thus, any sponsoring individual should be aware of the potential consequences (and should have the opportunity to consult separate counsel) before executing a Form I-864.

[Muddy]

What other countries have similiar to i-864, the garbage that attracts so many scammers?

[Ronnie]

Can't speak for other countries but this country became concerned that immigrants were sponsoring other immigrants..mostly relatives, who would arrive and immediately go on welfare.  BTW those who see and are granted refugee status, become immediately eligible for welfare and social security benefits if old enough all without the need of a sponsor being on the hook.  Most of the refugees I've met have been from one particular religious group..a group that I might add is grossly over-represented in the United States Congress, particularly in the Senate.

[Journeyman]

I have first hand knowledge of many of the issues surrounding the I-864 and dissolution proceedings. For those of you that think it is not an issue, you should think again. The I-864 is controlling both before and after marriage.

The bottom line is that you are responsible for the woman you sponsor until she dies, or earns so many SS credits [44 ??].

Enforcement by the Govt. is not the issue. The woman you sponsor can bring a totally separate and independent action against you for support. She can do this whether she ever received aid or not. She can also make it part of the dissolution, or, file it in Federal Court after you get divorced !!!

A friend of mine demanded that it be made a part of his divorce, and had his wife give up all her rights under the affidavit as part of the settlement. This was approved by the Judge.

Here are some cites that may help in understanding the "problem".
Note that several State courts have already ruled on this issue : Florida, Indiana, LA,
Ohio, Oaklahoma. I have not researched this for over a year so some things may have changed, and some of the cites seem to be bad. I have all of this information and the opinions right in front of me, if any one needs help in tracking this stuff down.

1) Federal register cite: 71 FR 35732
    www.uscis.gov/propub/DocView/frid/1/1555/1599/1600

2)  ww.ilw.com/articles/2006,0110-wheeler.shtm

3) Stump v. Stump
2005 U.S. Dist.Lexis 26022 (2005)
1:04 CV 00253-TLS-RBC- Northern District of Indiana, Ft. Wayne Division

4) Moody v. Sorokina (2007)
2007 NY Slip Op 947; 830 N.Y.S.2d 399; 2007 N.Y. App. Div. LEXIS 1327

5) Cheshire v.Cheshire (2006) Florida
2006 U.S. Dist.LEXIS 26602

6) Ainsworth v. Ainsworth (2004)
M.D. La May 2004

7) Davis v. Davis
2004 WL 2924344 (Ohio-2004)

www.immigdaily/cases/2005, 1107-stump1.pdf

9) Schwartz v. Schwartz (2005)
2005 WL 1242171 (W.D. Okla, 2005)

Interesting to ponder the possible consequences.

It would seem to me that, with a little clever planning and coordination, it would not be too difficult for a foreign woman who married an American man (who signed an I-864 as part of an AOS), to then file for divorce from her husband, self-file for legal permanent residence as an abused spouse (see other threads on that issue), and then use the couple's (i.e., his) money to get a judgment against him to obtain not only a property settlement, but also now an annual payment of about $20,000 from the spouse (under a private right of action as per the I-864 form and the court decisions cited above), and then, while holding status as a legal permanent resident of the US, actually spend most or all of her time back in Russia or Ukraine, etc -- and live fairly well on that annual sum in the FSU -- and look forward to a possible lifetime of that support (keeping a PO Box in the US to receive the monthly checks and evidence her continued residency).  If so, that's not too bad for an investment of perhaps a few months actual time (from first meeting to divorce).

Apart from the fact that all the above would constitute fraud (which wouldn't necessarily stop those who are criminally inclined), I would hope that there are some fatal flaws in that scenario.  Anybody?

Journeyman