View Full Version : Husband kick me out the house
Olga123456
May 17, 2013, 03:34 PM
Hello. I am in TX. I am immigrant. My husband is American citizen. I am going home from trip to other country and my husband says he does not want me to return. Has he right do not let me to come home? We lived in his mom's house. He singed Affidavit I -864. So he is responsible to support me in USA. I do not work.
What should I do if he will not let me to come home? What should I do if he will not meet me in Airport and I do not have money for transportation to come home.
joypulv
May 18, 2013, 12:31 AM
Affadavit I - 134? The trouble with that form is that it won't help you when you get off the plane. You will have to sue your husband, which is what you do anyway when you get a divorce, and that will take months, and money.
I - 134 doesn't actually say he will support you. It says that you will not become a burden of the government. I suppose that is almost the same thing, but it means that you first have to become a burden, such as welfare and food stamps and Medicaid.
A spouse cannot lock a spouse out of the house, but the owner of the house can evict you according to the laws of Texas. Is his mother living there too? Does she side with her son?
How can you afford to fly out of the US and not have enough money to get home from the airport?
Olga123456
May 18, 2013, 02:12 AM
I have money only for ticket to airport. But do not have for taxi. If I will go to government shelter will I become a burden of the government? I need 500$ to get from Airport. I do not drive car.
joypulv
May 18, 2013, 03:25 AM
There is no such thing as a government shelter. Shelters are run by charities.
Government housing takes months or sometimes years to get into, and they take people with children first.
I think you should stay where you are and negotiate with your husband, especially if it's a $500 cab ride from the airport.
Fr_Chuck
May 18, 2013, 05:51 AM
He can not "kick you out of the house" if you are married, not legally, but you need to have enough money to live on, and sue him, if he does.
So why do you need to leave now, just stay, and he can not kick you out
J_9
May 18, 2013, 05:55 AM
$500 for a cab ride?
joypulv
May 18, 2013, 08:58 AM
$500 for a cab ride?!
Ditto. This is the second thread under Law today that is easy to digress about.
joypulv
May 18, 2013, 09:00 AM
He can not "kick you out of the house" if you are married, not legally, but you need to have enough money to live on, and sue him, if he does.
so why do you need to leave now, just stay, and he can not kick you out
He can't kick his spouse out of his house but it's not his house...
And she isn't back in the US yet...
Olga123456
May 18, 2013, 01:32 PM
I have child. I will try to come home by myself. I'll ask friends to get me home. Well somehow. Then I hope to find the truth what he is going to do. If he wants to divorce I do not mind. But I think It should be some government help for homeless people in my situation.
Olga123456
May 18, 2013, 06:53 PM
From Affidavit I-186 EZ
You must:
Provide the intending immigrant any support necessary to maintain him or her at an income that is at least 125 percent of the Federal Poverty Guidelines for his or her household size.
How it can help me?
joypulv
May 18, 2013, 07:07 PM
I have child. I will try to come home by myself. I'll ask friends to get me home. Well somehow. Then I hope to find the truth what he is going to do. If he wants to divorce I do not mind. But I think It should be some government help for homeless people in my situation.
Leave the support law for immigrants aside for now, because you have rights as a wife first. Get to the house and tell him he can't kick you out or lock you out, and if he does, the police will make him let you back in, and arrest him if he does it again. If his mother wants to evict you, she has to do it formally and that takes time, in court.
The support law won't help you in an immediate need situation, as I keep telling you. If you want to go to a shelter, do so. They have people who will connect you with a social worker.
Government help takes paperwork and time. The only stipend for emergency funds is about $200/mo from a program under Welfare for temporary assistance, but because you are still married, they will tell you to go home and stand your ground and file for divorce. You can try to enforce the support for immigrants then - maybe.
Is the child from another marriage or relationship and are you leaving her or him in your home country?
Olga123456
May 18, 2013, 07:13 PM
Thank you. As I understand I can go to court for Complaint for Separate Support if we will live separate or Complaint for Support if living with him he does not give money for example for medical insurance?
joypulv
May 18, 2013, 07:23 PM
Money is just money. 125% of the FPL for one person is $14,362/year for 2013. A little under $1200/mo.
But again - you are married, and divorce might award you more, depending on his income and assets. If you want health insurance, that is part of the divorce negotiation, not immigration law.
Olga123456
May 18, 2013, 07:30 PM
Money is just money. 125% of the FPL for one person is $14,362/year for 2013. A little under $1200/mo.
But again - you are married, and divorce might award you more, depending on his income and assets. If you want health insurance, that is part of the divorce negotiation, not immigration law.
I do not talk about divorce. We are married I do not want to divorce and love this man but if he want us to live separate and will not support can I complain for support in court. 1200 and for child 1200 will be good money.
joypulv
May 18, 2013, 07:38 PM
No, each additional family member he agreed to support gets $5,025/year (at 125%), about another $420/mo - IF he filed with immigration to support the child too.
Can you complain in what court? You don't want a divorce. Immigration law is pretty much set at the numbers I quoted, although you can try, especially if he has a lot of money. But don't count on more than 1600/mo for both of you.
joypulv
May 19, 2013, 01:42 AM
And he may divorce you, whether you contest it or not.