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	Create New Topic   My Posts   My forum buddies   Invite friends   Private messages Russian brides > Main Forum > HELP!!!!!!! Author Post rjfot Member send PM   block PM add to buddies Send: 3/7/2008 11:38:26 PM   Guys I need your help. I am involved in a very nasty divorce. My soon to be ex-wife from Ukraine has temp. residency status and her two year green card expires 3/22/08. She left the marriage 1/16/07 and I have not seen her since then except in court. My attorney called me today and said her attorney sent a I-864 (Affadavit of Support) which they claimed I signed and that I have to support her for TEN years because of it. I only remember signing the I-134 because it had to be notorized. This whole sordid affair is a scam I am sure. She faxed the document to my attorney with my signature. As I remember the I-864 is not even part of the K-1 process. Also it was signed in Sept. of 07 which was 3 months after I was married???????????? Can any of you legal eagles give me some advice??????? I am sure this is all motivated by the impending loss of her green card. PLEASE HELP ME!!!1 Olga Moderator send PM   block PM add to buddies Send: 3/8/2008 10:20:21 AM   next time make prenap. Billo Member send PM   block PM add to buddies Send: 3/8/2008 12:54:47 PM   As I understand it, the Affidavit of Support is intended to prevent the Party from becoming a government dependent. You did not say which one of you filed for divorce or what state you are from but if she filed you can not be responsible for someone who leaves you. If you filed because it was a shame marriage then you need to contact BCIS and inform them. This will stop the issuance of the permanent green card. She will not be able to be a government ward when she is deported. Her attorney did her no good when he brought up the AOS as this tied the state divorce court with BCIS. _Bagira Member send PM   block PM add to buddies Send: 3/8/2008 12:56:17 PM   I-864 is not part of K-1. It is part of green card aplication. If your ex-wife have temp residency, that mean you have applied for green card for her and have sighned and send I-864. She can appliy for permanent green card even after divoce. She will not lost her status. You need a lawer. Say where you live and guys may be recomend you a good lawer. brownstarr Member send PM   block PM add to buddies Send: 3/8/2008 1:15:18 PM   If i can recall, i think there is a clause in most state marriages regarding abandonment. seems your wife is not eligible for anything if she abandons the marriage. you are asking for legal advice? didnt you say you had a lawyer? did she have friends and relatives in the USA? how was she able to leave you for several years without anywhere to go? who was she with in court? did she come with anyone when you saw her? If she is living with someone you DONT know, then maybe she did not tell you everything from the beginning. dont you have any reason why she left??(are you sure you are telling us everything?) according to immigration law, she is required to have her location known at all times. deception, abandonment, are all issues in your favor before a judge. you should not be here needing help. your lawyers does not sound like he is doing his job. get a immigration lawyer.but you are still giving the impression she left suddenly without any reason.is that the whole story? rjfot Member send PM   block PM add to buddies Send: 3/8/2008 9:47:09 PM   Nice Olga! Yes maybe I should have done a pre-nup but I was foolish enough to think this woman really loved me. I saw her on the AFA cite and wrote to her. Her bio showed her as 47. She now claims to be 57 in court documents. I am 62and I live in Southern California. She left without warning while I was at work and 3 days later I was served with a restraining claiming "I beat and choked her and injected her with poison to make her crazy". To the best of my knowledge she is somewhere in the Russian community in Los Angeles. I have not spoken a word to her since she left and I have seen her only in court. Of course I was shocked and immediately retained an attorney. I never touched my wife other than in a loving way. She did not know hardly any English so it was obvious to me that someone put her up to it. At court in Feb.07 the judge would not issue the restraining order. I served her with divorce papers at this court appearance. She then pulled me back into court and I was ordered to pay her $2000 a month temp. spousal support and $2500 for her attorney as she has no way to make money because she cannot speak English. Last week in court the judge terminated her spousal support. She now has another attorney (at my expense) and he asked for $25,000 in legal fees. The judge gave them $4000. There was also a Russian speaking para-legal present assisting my wife's attorney. I think they were very upset at this ruling. My wife is claiming spousal abuse. She has a green card (2 year) which expires March 22, 2008. I suspect that is why she has filed the 2nd restraining order and is claiming that I signed a I-864 (which I did not). I only signed and notorized the I-134. I suspect she is trying to get her green card on a self petition claiming that she is a victim of spousal abuse. She has bilked me for tens of thousands of dollars. Now she is trying to ruin my life. I would not wish this on any of you gentleman. nasfan6 Member send PM   block PM add to buddies Send: 3/9/2008 7:05:53 AM   Bagira is correct. This is the little clause that many Americans forget and need to understand. RJ even under temporary status since divorces are no fault anymore so abandonment doesn't apply. If she leaves the home and it doesn't matter who filed for divorce you will be responsible. Seriously, how did she get the green card if you didn't file for the I864? The petitioning spouse files for that just the way I filed for my wifes. Guys read the fine print, which isn't so fine because it is listed right above your signature to re-inforce what you are about to get in to. Also note, divorce doesn't terminate this responsibility. Along with your divorce attorney it might be worth contacting an immigration attorney on this. Sounds like already you've dropped some sizable dollars. What If I Do Not Fulfill My Obligations? If you do not provide sufficient support to the person who becomes a permanent resident based on the Form I-864 that yousigned, that person may sue you for this support. If a Federal, State or local agency, or a private agency provides any covered means-tested public benefit to the person whobecomes a permanent resident based on the Form I-864 that you signed, the agency may ask you to reimburse them for theamount of the benefits they provided. If you do not make the reimbursement, the agency may sue you for the amount thatthe agency believes you owe. If you are sued, and the court enters a judgment against you, the person or agency that sued you may use any legallypermitted procedures for enforcing or collecting the judgment. You may also be required to pay the costs of collection,including attorney fees. If you do not file a properly completed Form I-865 within 30 days of any change of address, USCIS may impose a civilfine for your failing to do so. When Will These Obligations End? Your obligations under a Form I-864 will end if the person who becomes a permanent resident based on a Form I-864 thatyou signed: Becomes a U.S. citizen; Has worked, or can be credited with, 40 quarters of coverage under the Social Security Act; No longer has lawful permanent resident status, and has departed the United States; Becomes subject to removal, but applies for and obtains in removal proceedings a new grant of adjustment of status,based on a new affidavit of support, if one is required; or Dies. Note that divorce does not terminate your obligations under this Form I-864. Your obligations under a Form I-864 also end if you die. Therefore, if you die, your Estate will not be required to takeresponsibility for the person's support after your death. Your Estate may, however, be responsible for any support thatyou owed before you died. JFZ Member send PM   block PM add to buddies Send: 3/9/2008 1:18:02 PM   I have been fighting in the divorce court in Northern California for more than 2 years and have similar experience like yours. My ex is from Lithuania. Here are things you should remember: (1) In California, you only pay spousal support for half of the length of marriage if the marriage is less than 10 years. (2) All the proceeding orders are temperary orders and you should push for trial. When trial happens, all previous orders are washed away automatically. (3) You should fight one court at a time. Your ex and her attorneys cannot use federal immigration stuff against you in the state court. The state court must rule about the length of spousal support based on the California family code. (4) If they want to enforce federal immigration stuff, then fine ask them to open the case in the federal court or immigration court. Then in there, you can point to the federal judge that her intent of marriage is a pretext to get green card. She should be deported. Most of the family attorneys do not do anything except filing forms and scaring you. Let alone to go to federal court. (5) Just be strong and don't be scared by them. Asking for $25,000 does not mean they will get $25,000 attorney fees. My ex's attorney was asking $100,000. But after the trial, the court only awarded $18,000 in additional to what I have paid during the proceeding. Even like this, I am still appeal to the higher court as pro se (self represent). I have sued my ex's attorneys in the federal court, all they can do is crying like a baby in the family court to ask for attorney fees. They had to hire malpractice attorney (lawyer's lawyer) to fight with me as pro se in the federal court. Billo Member send PM   block PM add to buddies Send: 3/9/2008 3:12:45 PM   If you did not know her proper age? You had to have seen documents when you filled out the K-1 app? What does her birth cert and passport say? Did she use fraudulent docs? Maybe you have an angle there? Any attorney worth a s*** will argue that a lack of police/medical report or witness testimony and pictures will dismiss the claim of spousal abuse. You can read on another thread about congress' laws which make a lot of brides claim "abuse" in order to get permanent status. It basically says if they are abused they can stay, if not then they return. So you can see where your wifes lawyer is going with this. Batman Member send PM   block PM add to buddies Send: 3/9/2008 9:07:52 PM   Olga, your post might be the early qualifier for simultaneously being the most obvious AND least helpful response this year. OM Member send PM   block PM add to buddies Send: 3/9/2008 9:25:32 PM   rjot You have also to find out when did she contacted for the first time any attorney, if she did it before left you that is against her. Your lawyer needs to get two points into the court the immigration issue that she just was interested on the green card, and for that also helps to find out about her best friends and where did she go and other man she could have dated. (check the credit card and the phone bills, checks) if there is a doubt she was looking only for a green card she is lost. Second and important above is the lenght of marriage and your current and future economical and productive situation a 62 you close to take only part time, do not take retirement she will go after that money too. As above keep the immigration on your side but do not mentioned it until you get to court so her attorney then will face two situations either get a second lawyer immigration for her or just fill papers and take the court desicion at that poiint he also will realize if he looses he is not getting money out of you and he might just settle. Good luck, You need an immigration attorney for sure. rjfot Member send PM   block PM add to buddies Send: 3/9/2008 10:48:23 PM   Thanks much guys! Your support and comments are much appreciated! Nasfan the point I was trying to make is I did not sign a I-864. My wife's attorney sent a I-864 to my attorney with my signature (allegedly). My wife's TWO YEAR green card expires 3/22/2008 and I have signed nothing. I signed a I-134 prior with the K-1 package and I remember that because it had to be notorized. Is is only a two page form and the I-864 is a 9 or 10 page form so I am sure I would have remembered that. This woman has lied about everything and to me this is clearly a case of marriage fraud. nasfan6 Member send PM   block PM add to buddies Send: 3/10/2008 10:57:11 PM   RJ who paid for the I864? That's not a 50 dollar certificate. Who sent your 1040 and you asset allocations? When did you realize she had a green card and how did she get her temporary green card? Either way to get the temporary green card you had to file an I864 it doesn't matter whether the green card is temporary or permanent, you are liable for her. jetmba. Member send PM   block PM add to buddies Send: 3/11/2008 7:47:39 AM   The age thing amazes me. While I have never actually married an FSU woman - I did bring one over on a fiance visa. I saw her birth certificate, her internal (Moldovan) "passport", and she filled in and signed papers regarding her identity. He age and exact birthdate were all over the place. How could you be so unsure as to her age? (Let alone about the I-134?) And IF she used forged documents for the fiance visa application - wouldn't there be severe penalties for fraud? rjfot Member send PM   block PM add to buddies Send: 3/11/2008 12:40:09 PM   My wife and I went to the ICE office for an interview shortly after we were married and they issued my wife a TWO YEAR green card. We were supposed to come for another interview before her temporary green card expires (3/22/08). NASFAN I do not recall ever filling out an I-864. I looked at the form on the Internet and as I understand it this form is not filled out during the K-1 process. She had the green card BEFORE she took off. I am going to the immigration office this morning to see if she ever filed a change of address which she is supposed to do. To date I have not seen any evidence that she has tried to self petition for her permanent green card but I will know more after I talk to ICE this morning. I also have an appointment with my divoce lawyer and an immigration lawyer this afternoon. I will let all of you what I find out as I am sure it might help all of you to keep from dealing with what I am dealing with at the present time.As I have said I remember the I-134 because it had to be notarizes and I am sure it would be the same for the I-864. I do not recaal signing anything at the green card interview. I will know more when I see the I-864 i allegedly signed this afternoon. NASFAN you said the I-864 is "not a fifty dollar certificate". What did you mean by that? I do not think you are correct that you have to file an I-864 to get a temporary green card. JETMA The profile of my wife on the AFA website listed her age as 47. When I saw her documents I asked her about the disparity. She told me she needed to show her age as much older so she could collect her pension from the theatre in Ukraine and that it is very easy to get forged documents in Ukraine if you have the money. When she came I asked her about her age several times and she told me she was not even 50 and to be honest she looked about the age she said she was. So the answer is I do not know how old she is. Thank ALL of you for your very useful information and I will keep you updated as the situation evolves. nasfan6 Member send PM   block PM add to buddies Send: 3/12/2008 11:35:21 AM   The only way to get a temporary green card is to file an I864, it's called change of status and it must be filed to get a green card. The I864 is what gets her the green card. wtrav02 Member send PM   block PM add to buddies Send: 3/16/2008 11:37:20 AM   hi guys! rjfot, maybe you want to negotiate with her? she wants out of the marriage and a green card. Perhaps you can go along and support her permanent visa petition in exchange for her going easy on you with respect to financial demands? you have may the strong hand in this case if you play smart .. I know of a similar case in which the woman had a secret relationship with a russian man. Her american husband negotiated with her in order to avoid financial consequences, they got a divorce and she got a green card. NoRussianWomen Member send PM   block PM add to buddies Send: 3/3/2009 4:51:13 PM   HEY MAN!!! READ THIS: I just ended a relationship with a Russian women, it was not as bad as your situation, she wants to sue me now for the affidavit of support form that I signed she is going to UCLA to get her masters (she demands that I pay her that money) she already forgot how she was living in Moscow. http://www.renewamerica.us/columns/roberts/070918 http://www.ren ewamerica.us/columns/roberts/090224 gecko Member send PM   block PM add to buddies Send: 3/3/2009 9:49:24 PM   guys, do you really think a guy in this situation would get advice from a forum? you've all been suckered. olga's the only one who got it. ragingbull Member send PM   block PM add to buddies Send: 3/3/2009 10:17:14 PM   Very informative thread on the Affidavit of Support. I looked at both forms I-134 and I-864. I-134 expires 4-30-07. I wonder why it is still on line. It isn't much, but this is your tax dollars at work. I-864 expires 10-31-10 Your Reply: Your name:   New Registration Password:   Forgot password?   refresh Code:   Russian brides > Main Forum > HELP!!!!!!!
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