I-864 and Prenuptial or Postnuptial Agreements

[Moto77 0]

I haven't seen anything on this since the US Court of Appeals for the Seventh Circuit ruled no mitigation required to enforce the I-864 in Liu v. Mund. This is now settled law.

However, I have still not seen anything about this in a prenup or postnup. 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?

Edited January 12, 2013 by Moto77

[Gary and Alla 3,694]

I haven't seen anything on this since the US Court of Appeals for the Seventh Circuit ruled no mitigation required to enforce the I-864 in Liu v. Mund. This is now settled law.

However, I have still not seen anything about this in a prenup or postnup. 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?

The I-864 is a document between the SPONSOR (and joint sponsor if any) and the GOVERNMENT. It conveys nothing to the immigrant. What do they have the right to sue for under an I-864?

[N-o-l-a 7,168]

The I-864 is a document between the SPONSOR (and joint sponsor if any) and the GOVERNMENT. It conveys nothing to the immigrant. What do they have the right to sue for under an I-864?

"If you do not provide sufficient support to the person who becomes a permanent resident based on the form I-864 that you signed, that person may sue you for this support."

[Ryan H 3,818]

Moved from K1 Process & Procedures to General Immigration-Related Discussion.

[Gary and Alla 3,694]

"If you do not provide sufficient support to the person who becomes a permanent resident based on the form I-864 that you signed, that person may sue you for this support."

Source?

[N-o-l-a 7,168]

Source?

The I-864 document itself, page 7.

http://www.uscis.gov/files/form/i-864.pdf

I'm no legal expert but it reads pretty clearly.

Edited January 12, 2013 by Nola123

[Moto77 0]

"If you do not provide sufficient support to the person who becomes a permanent resident based on the form I-864 that you signed, that person may sue you for this support."

And at this point in history this has been done successfully MANY times.

[belinda63 3,039]

It has been done, though it is a long, tedious process. I don't know of any legal cases where the immigrant spouse was able to waive her ability to claim under the I-864 but sounds like it is doable.