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I-864 and Prenuptial/Postnuptial Agreements

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  • I-864 and Prenuptial/Postnuptial Agreements

    I haven't seen this discussed in a few years. Obviously no one can waive the GOVERNMENT'S right to collect payments if the immigrant applies for welfare. That is clear. But can the immigrant spouse specifically waive the personal right to sue that is conveyed by an I-864?

    Does anyone have case law on this matter?

  • #2
    Probably not. The I-864 is considered a contract primarily between yourself and the government. The 'right' to sue by the immigrant against the sponsor being made part of it might have special implications. It's already a right per family law. Being integrated into the i-864 might be to usurp any other agreements made. If there is any language within the document stating this agreement supersedes any other then it's a forgone conclusion the government's ambition is to focus the obligation on you alone and not permit any latitude in evading the extortion that family law courts are.

    The argument could be made that heaping special rights on a person of one status over another is unconstitutional. The purpose of a prenupt is to protect assets in an uncertain environment. And, to remove the possibility that the spouse is marrying for mere financial gain. With divorce rates being what they are, it's a natural byproduct. By disallowing it the only recourse is for the person to limit themselves to potential spouses of equal economic class to avoid being unjustly financially stripped if the spouse decides to leave. It also presents a motivation for the spouse to continually shop when there is no loss for doing so but only financial gains.

    There would be no winning against the state for support provided. There are a series of questions you need to ask yourself and also a qualified attorney. First, would you have the means to reimburse the state if the worse case scenario played out. It wouldn't matter if it put you in the street. There is zero protection for you within that I-864. Second, what are the odds there is a financial focus being made by the potential spouse? If you suspect it, it's there. Speak to an attorney about options that have worked in the past. Not what might work or what they would like to try if you find yourself on the wrong side of this. My guess is they'll tell you to move on since your gut is telling you this isn't quite right. Protect yourself because no one else will.
    This message brought to you by the vast right wing conspiracy.

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    • #3
      Originally posted by davdah View Post
      Probably not. The I-864 is considered a contract primarily between yourself and the government. The 'right' to sue by the immigrant against the sponsor being made part of it might have special implications. It's already a right per family law. Being integrated into the i-864 might be to usurp any other agreements made. If there is any language within the document stating this agreement supersedes any other then it's a forgone conclusion the government's ambition is to focus the obligation on you alone and not permit any latitude in evading the extortion that family law courts are.

      Actually courts have ruled that the right can be waived in a prenuptial agreement.

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