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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 11907
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I was married to a US Citizen years. He sponsored me

Customer Question

I was married to a US Citizen for 6 years. He sponsored me and my son (his step son) thru the immigration process. My son and I quickly obtained resident cards and permanent status.
After 6 years I divorced him (in 2012) and I obtained my US Citizenship in 2013. My son, however, is still a permanent resident as I have not had the means to apply for his citizen yet.
My question is, he has not been paying support, nor has he been paying medical insurance for the child in three years after the divorce. Can I sue him under the I-864 he sign to sponsor my child, even tho I am a US Citizen?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Expert James replied 2 years ago.
Hello, I am James. I will be helping you today. I do not get a salary here. But just like you, I want to get credit for doing my job. You are the only person who can help me get credit before leaving this site today. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces. Also, if you want me to be your personal immigration Expert,just write “FOR JAMES" at the beginning of any future, new questions, and I will be happy to help you as your personal Expert. An immigrant beneficiary can take the sponsor to court if the sponsor fails to provide adequate support to the immigrant. The fact that the sponsor submitted form I-864 (a contract) on behalf of the child can be a basis for the child suing under the contract. When the child sues, he can collect enough money to bring his or her income up to 125% of the amount listed in the federal poverty guidelines. Since you are a US citizen, you are not entitled to that. But since the child is not a US citizen and divorce does not break the sponsor's responsibility under the I-864 contract, the sponsor is still responsible for the child. that means the child can sue (through you) for support. Incidentally, I highly encourage you to start the naturalization process for the child as soon as possible. You do not want to be tied to this person from whom you got a divorce. And you certainly do not want to depend on him because at some point, this is going to run out. Besides, your child will benefit more in his life by being a US citizen. I hope I have answered your questions. Kindly rate my customer service with a positive rating. I do not get a salary here and this is the only way I am compensated for my efforts. So please do not forget to do that before you log off. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can continue to ask questions even after you have given a rating. Again, this is the ONLY way I get credit for helping you. REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger. Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you. A BONUS is appreciated, if you feel I've earned it. If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category. Thank you!
Expert:  Expert James replied 2 years ago.
Actually, please hold before making any ratings. I just realized something. Please answer the following: When is your child's birthday? When did you become a US citizen? Your ex-husband is a US citizen, correct?
Expert:  Expert James replied 2 years ago.
Hi again,
I think we are experiencing some technical issues. I received a message that you reviewed my response and have responded. But I cannot see that response above.
Please post it again, so I can continue to help you and we can close this question.
Thank you!
Customer: replied 2 years ago.
My childs dob is 09/01/2003
I became a US Citizen in 2013
My ex husband is a US CitizenAlso:Can I get support for the 3 years he hasn't paid?
How is the amount of support calculated for a child? Does it count my income or not? (Child of course doesn't work)
How do I get a copy of the signed/submitted I-864 from USCIS?
Expert:  Expert James replied 2 years ago.
OK, but kindly remember that I only get credit for doing my job when you give my customer service a positive rating. please remember that I do not have any control over the outcome of your situation. I only have control over my customer service to you. Like you, I believe I deserve credit for my job. And I depend only on you to help me get credit for doing my job. So please do not forget to do that by rating me with a positive rating. Thank you for your kindness and consideration. As for this situation, the information you provided me things significantly. Under the law at the time you became a US citizen, your son became a US citizen at the same time you did. If a child is a permanent resident and living in the physical and legal custody of a parent who becomes a US citizen (you), the child automatically derived US citizenship with the parent. So from the date of your naturalization, your son also became a US citizen. That means that neither of you are entitled to support under the I-864 contract because it is no longer effective due to your naturalization to US citizen. You might consider contacting a family lawyer who could help you with recovering support from the time that you were divorced, but were not yet a US citizen. I believe it is about 1 year. Immigration has no jurisdiction to enforce child or spousal support. If you want a copy of the I-864, you can file for a FOIA request from the USCIS or the Department of State, depending on how you became a permanent resident. This gets you a full copy of everything that is on file. If you were int he US when you requested the permanent resident status and green card, then you filed the I-485 for adjustment of status. You need to file FOIA with USCIS. If you got an family based immigrant visa application through the US consulate (IR/CR-1), then you need to do a FOIA request from the Department of State. I hope that answers your questions Please do not leave this site until you have given me a positive rating for my customer service (not the outcome). Otherwise, I am not getting credit for doing my job. And I am sure you would agree that would not be fair. You can give me a positive rating by clicking either 3 or more stars, or any smiling faces. And you can still continue to ask follow up questions even after you've given a positive rating. Thank you for doing that as soon as possible!
Customer: replied 2 years ago.
I will certainly rate when we are done! No problem!I guess I am a little confused now. My son is certainly eligible to be a US citizen but he is NOT a US citizen yet. He doesn't have a Naturalization certificate. I would have to apply for citizenship for him and pay the fees to make him one right?
So how does that work if I don't have the means, his status is still permanent resident right?
Expert:  Expert James replied 2 years ago.
No, that is not correct. He IS a US citizen by the laws of derivation. Just because he does not have the certificate does not mean that he is not a US citizen. It just means he does not have valid PROOF that he is a US citizen. The Certificate of Citizenship/Naturalization is PROOF of his citizenship status, which he derived automatically when you became a citizen. But not having a certificate does not mean he did not become a US citizen. The certificate is only a piece of paper, but it does not determine if he is a citizen or not. You don't have to have the means to make him a US citizen because he already is one, based on your becoming one while he was a minor and he was already a permanent resident. Now all he needs is proof of his citizenship status. Now all you need is the proof that he is a US citizen already, which is a Certificate of Citizenship/Naturalization. I hope that make more sense. Kindly remember to rate my customer service before leaving the site today. Thank you!
Expert:  Expert James replied 2 years ago.
Hi again,
I think we are experiencing some technical issues. I received a message that you reviewed my response and have responded. But I cannot see that response above.
Please post it again, so I can continue to help you and we can close this question.
Thank you!
Expert:  Expert James replied 2 years ago.
Hi again,
I received a message that you reviewed my response and have responded. But I cannot see that response above.
Please post it again, so I can continue to help you and we can close this question.
Thank you!

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