Anonymous
Post 01/30/2018 21:18     Subject: Am I entitled to any govt support if my ex spouse is fairly well off but won’t pay?

Anonymous wrote:Hey hey your anger is misplaced, my husband has paid more than enough taxes in the years we were waiting for the green card for me to ask for some assistance. It won’t be forever! And I wouldn’t do that if not for my husband.

As per calculator he owes me much more than $1200. And yes we need to go through the interview to get the green card. It is a new rule so the USCIS people aren’t really clear what to ask about at the interview, and check the validity of marriage, though we were married long before we came here. So it is not recommended to be at any stage of legal separation or divorce.
He doesn’t care if I go back to my home country with our child.
I do have a work permit now and will get a more long term
One once I have the green card. I am planning to work and in fact am starting work in February but after a large gap in employment it is not easy.

I guess my question is: if we separate or divorce, and have an agreement that he pays much less than the calculator says to pay, and I am in dire straights and file for assistance, will the govt come after him?

You won’t get the assistance. That is what people are saying about you being a visa holder. You are not eligible for it. Use your H4 and get a job. Your wages and the $1200 should be sufficient until you can get a court order for more CS.

You should really get some legal advice. Your H4 and greencard are tied to your husband. Divorce him and you won’t have either unless you get a new sponsor.
Anonymous
Post 01/30/2018 21:08     Subject: Am I entitled to any govt support if my ex spouse is fairly well off but won’t pay?

Hey hey your anger is misplaced, my husband has paid more than enough taxes in the years we were waiting for the green card for me to ask for some assistance. It won’t be forever! And I wouldn’t do that if not for my husband.

As per calculator he owes me much more than $1200. And yes we need to go through the interview to get the green card. It is a new rule so the USCIS people aren’t really clear what to ask about at the interview, and check the validity of marriage, though we were married long before we came here. So it is not recommended to be at any stage of legal separation or divorce.
He doesn’t care if I go back to my home country with our child.
I do have a work permit now and will get a more long term
One once I have the green card. I am planning to work and in fact am starting work in February but after a large gap in employment it is not easy.

I guess my question is: if we separate or divorce, and have an agreement that he pays much less than the calculator says to pay, and I am in dire straights and file for assistance, will the govt come after him?
Anonymous
Post 01/30/2018 15:29     Subject: Am I entitled to any govt support if my ex spouse is fairly well off but won’t pay?

You need an immigration lawyer, not DCUM, for advice on this.
Anonymous
Post 01/30/2018 15:26     Subject: Am I entitled to any govt support if my ex spouse is fairly well off but won’t pay?

Anonymous wrote:So my H wants to move out, and does not want to support me and our child beyond the bare minimum ($1200 or so a month). His /our annual income is upwards of 180K.
I can’t file for divorce or separation because both our green cards are still in the works (it’s employment based, not through marriage). We are still waiting for our interview (new law is that employment based candidates are also interviewed) and I am afraid to piss him off by demanding more.
I was wondering if I am entitled to any help from the government; I have found employment but it is not a very well paid job because I was not allowed to work for so long (H4 visa) and I have a large career gap.
I am just wondering what my options are if he moves out and doesn’t pay for our current place. We have a child and husband is willing to have him live with him, but this is not a great option for anyone involved.
We live in a community property state fwiw.
I know I am entitled to a nice amount of money but the question is how to survive until the green card.
Grateful for any and all advice.


You personally are not entitled to any benefits.

Your child, if a citizen, will be entitled to various benefits if you are divorced and officially meet the income guidelines.

If I were you, I would try and reach an amicable outcome with your husband to not make any waves until your green cards come through. It doesn't benefit him to have a material change in circumstances either. In the meantime, work as much as you can and make your own money.
Anonymous
Post 01/30/2018 14:20     Subject: Am I entitled to any govt support if my ex spouse is fairly well off but won’t pay?

As a visa holder it is unlikely you will be eligible for government benefits. And doing so may jeopardize your green card application. Get good legal advice first.
Anonymous
Post 01/30/2018 13:03     Subject: Am I entitled to any govt support if my ex spouse is fairly well off but won’t pay?

You can also create a legal separation, versus a divorce. In a legal separation, he would be required to pay child support.

I have no idea what that would mean for your immigration status, so you should see a lawyer, but you can absolutely create a legal agreement without divorcing.
Anonymous
Post 01/30/2018 12:57     Subject: Am I entitled to any govt support if my ex spouse is fairly well off but won’t pay?

Your headline is a little misleading. It sounds like he is willing to pay the guideline amount for child support but you don't seem to think that's enough. Unlike child support, he doesn't have to pay you alimony unless ordered by a judge or agreed to for other reasons.

Also, by the way, if you apply for and qualify for benefits and if the amount he's paying is not the guideline amount social services will come after him for the difference.
Anonymous
Post 01/30/2018 12:34     Subject: Am I entitled to any govt support if my ex spouse is fairly well off but won’t pay?

Are you moving back to your home country? How will you work here without a green card from his work?
Anonymous
Post 01/30/2018 12:31     Subject: Am I entitled to any govt support if my ex spouse is fairly well off but won’t pay?

Talk to an immigration lawyer before you file any request for support. We had to show that we were capable of supporting ourselves financially when we applied for green cards. And a green card doesn't give all the benefits of being a citizen.
Anonymous
Post 01/30/2018 07:47     Subject: Am I entitled to any govt support if my ex spouse is fairly well off but won’t pay?

The government is not going to step in to give you more because you think should have more. There is a child support calculator that will determine who should,get what based on incomes and other factors. The courts will step in if that is not paid.

In this current political climate, though, as two non-citizens without LPR status, I’m not sure I’d be bringing myself to the attention of the authorities to seek money from the government. Is your child a citizen?
Anonymous
Post 01/30/2018 07:26     Subject: Am I entitled to any govt support if my ex spouse is fairly well off but won’t pay?

Anonymous wrote:I'd tell him that if he makes trouble and forces me to go through the courts to get reasonable $ by filing for divorce then I wouldn't be able to stay in the country and I'll be taking my child with me. Oh, and make sure that you keep the passport somewhere safe before you say that.

Do you mean you need an interview for the green card, or for the H4 visa?


Good job advocating for OP to commit kidnapping. You could be charged as a co-conspirator.
Anonymous
Post 01/30/2018 07:24     Subject: Am I entitled to any govt support if my ex spouse is fairly well off but won’t pay?

Anonymous wrote:If he moves out, file for child support. The state will determine the amount he pays and take it out of his paycheck automatically. Under this scenario you wouldn’t need government assistance.


NP here and while OP did not say what state she is in $1,200 a month seems like it is in the ballpark for that level of income, some form of shared custody and what sounds like one child. It's very easy to run the guideline calculations for yourself OP based upon what state you are in. You described what he is paying as the "minimum" so I assume that is the guidelines amount.

You can certainly file for government assistance (TANF, etc.) and see if you qualify based upon your income.
Anonymous
Post 01/30/2018 03:39     Subject: Am I entitled to any govt support if my ex spouse is fairly well off but won’t pay?

I'd tell him that if he makes trouble and forces me to go through the courts to get reasonable $ by filing for divorce then I wouldn't be able to stay in the country and I'll be taking my child with me. Oh, and make sure that you keep the passport somewhere safe before you say that.

Do you mean you need an interview for the green card, or for the H4 visa?
Anonymous
Post 01/30/2018 03:14     Subject: Am I entitled to any govt support if my ex spouse is fairly well off but won’t pay?

If he moves out, file for child support. The state will determine the amount he pays and take it out of his paycheck automatically. Under this scenario you wouldn’t need government assistance.
Anonymous
Post 01/30/2018 01:03     Subject: Am I entitled to any govt support if my ex spouse is fairly well off but won’t pay?

So my H wants to move out, and does not want to support me and our child beyond the bare minimum ($1200 or so a month). His /our annual income is upwards of 180K.
I can’t file for divorce or separation because both our green cards are still in the works (it’s employment based, not through marriage). We are still waiting for our interview (new law is that employment based candidates are also interviewed) and I am afraid to piss him off by demanding more.
I was wondering if I am entitled to any help from the government; I have found employment but it is not a very well paid job because I was not allowed to work for so long (H4 visa) and I have a large career gap.
I am just wondering what my options are if he moves out and doesn’t pay for our current place. We have a child and husband is willing to have him live with him, but this is not a great option for anyone involved.
We live in a community property state fwiw.
I know I am entitled to a nice amount of money but the question is how to survive until the green card.
Grateful for any and all advice.