What the Immigration Lawyer told me...

[SuperDuper! 230]

She strongly advises American men clients to get a Pre-Nup (before marrying foreign woman), which includes language for a "waiver of Binding Affidavit of Support," in case of a divorce. Would this prevent a sham scam marriage? What does she mean by this??

[Joe_&_Nadiya 1]

She strongly advises American men clients to get a Pre-Nup (before marrying foreign woman), which includes language for a "waiver of Binding Affidavit of Support," in case of a divorce. Would this prevent a sham scam marriage? What does she mean by this??

Once the couple gets married they will by law share all assets that belong to either one of the parties. A pre-nup can prevent that. A lot of couples in the U.S. take that path. It would not prevent a sham scam marriage, however if one of the parties is planing on scaming the other, the pre-nup can protect the U.S. citizen with his/hers previously owned assets in case of a divorce (not having to split their values 50/50). That's all. But a pre-nup can be drawn anyway the parties involved request it to be drawn.

[rickynlucy 0]

When you bring over a foreign wife you have to sign an affidavit of support stating that you will support her at the poverty limit even if you divorce. If you don't have the prenup including a "waiver of Binding Affidavit of Support," and you divorce, she can sue you for financial support.

[imaisha 1]

the affidavit of support is not about her suing you for support- it's about the government requiring you to repay them for any benefits she may use. a pre-nup is between you and your wife. the affidavit of support is between you and the government. this information from the lawyer sounds quite bogus. A "waiver of Binding Affidavit of Support" between you and your wife would mean absolutely nothing to uncle sam.

[payxibka 10,047]

the affidavit of support is not about her suing you for support- it's about the government requiring you to repay them for any benefits she may use. a pre-nup is between you and your wife. the affidavit of support is between you and the government. this information from the lawyer sounds quite bogus. A "waiver of Binding Affidavit of Support" between you and your wife would mean absolutely nothing to uncle sam.

but it may help in situations such as Stump vs. Stump, where the divorce court used the I-864 as the basis of the award of consideration to the alien spouse based on the 125% poverty level calculation.

http://www.ilw.com/articles/2006,0110-wheeler.shtm

Edited May 27, 2009 by payxibka

[Long Visa Journey 0]

When you bring over a foreign wife you have to sign an affidavit of support stating that you will support her at the poverty limit even if you divorce. If you don't have the prenup including a "waiver of Binding Affidavit of Support," and you divorce, she can sue you for financial support.

ABSOLUTELY CORRECT.

[txladykat 1]

A prenup will have no effect whatsoever on your obligation under the I-864. A prenup is only between the spouses and CANNOT be binding on a third party who is not a party to the agreement (in this case, the government), nor can you draw up a document that trumps the previously filed Affidavit.