Prenup and Financial responsibility.

[AZSunshine78 437]

does anyone know how a prenup affects the three years that the sponsor is financially responsible for the beneficiary?

 

 I am very practical and have been married before and I'm thinking about a prenup. 

 

Does anyone know legally what  specifically the petitioner is responsible for as far as the beneficiaries finances once adjustment of status has been approved? 

 

If they get in a car accident or something am I responsible for paying the medical fees for the other person that they were in the accident with?

 

if he decides that he wants a divorce before the three years is up, am I responsible for him if he wants to get another house or an apartment?

 

 

[Coco8 1,039]

The prenup is for divorce and how to divide assets. If you divorce, even with the prenup, you would be responsible as sponsor.  

 

I think the responsibility in terms of visa sponsorship are that the person cannot claim any medicare/medicaid benefits, unemployment, food stamps, etc. 

 

If he has a car accident, he cannot be a public charge. I think there is a grey area. He could get a bill and he could pay it himself if you are divorced; I don't think you are liable if he does not pay his bill. If he used Medicaid (which I don't think he could, but let's hypothesize), however, you would have to reimburse that because he is not allowed. 

 

As a sponsor, I don't think you'd be responsible for paying him rent. He can work and get his own place. That seems to be a private matter and not something for UCSIS to care about. However, check out this I found: It says that courts in different states have a different view of the sponsor's responsibilities so in some cases, even with prenup, you could be responsible for a sort of alimony, but not everywhere. 

http://www.nolo.com/legal-encyclopedia/divorcing-can-ex-spouse-support-me-under-form-864-affidavit.html

 

Anyway, I think the prenup is a good idea. 

 

PS: Because the sponsor responsibility ends when the person becomes a US citizen, from a practical standpoint everyone should have their partner become a US citizen as soon as they can. That would be 3 years from the time they get the green card.

 

Edited June 22, 2017 by Coco8
PS

[Wuozopo 4,285]

7 hours ago, AZSunshine78 said:

does anyone know how a prenup affects the three years that the sponsor is financially responsible for the beneficiary?

It can be more than three years. See the I-864 form you sign prior to adjustment of status.

 

When Will These Obligations End?

Your obligations under a Form I-864 that you signed will end if the person who becomes a lawful permanent resident based on that affidavit:

A. Becomes a U.S. citizen;
B. Has worked, or can receive credit for, 40 quarters of

coverage under the Social Security Act;

C. No longer has lawful permanent resident status and has departed the United States;

D. Is subject to removal, but applies for and obtains, in removal proceedings, a new grant of adjustment of status, based on a new affidavit of support, if one is required; or

E. Dies.
NOTE: Divorce does not terminate your obligations under Form I-864.

Your obligations under a Form I-864 that you signed also end if you die. Therefore, if you die, your estate is not required to take responsibility for the person's support after your death. However, your estate may owe any support that you accumulated before you died. 

[JayMar2019 2,741]

7 hours ago, AZSunshine78 said:

does anyone know how a prenup affects the three years that the sponsor is financially responsible for the beneficiary?

 

 I am very practical and have been married before and I'm thinking about a prenup. 

 

Does anyone know legally what  specifically the petitioner is responsible for as far as the beneficiaries finances once adjustment of status has been approved? 

 

If they get in a car accident or something am I responsible for paying the medical fees for the other person that they were in the accident with?

 

if he decides that he wants a divorce before the three years is up, am I responsible for him if he wants to get another house or an apartment?

 

 

A prenup has nothing to do with the responsibility of sponsor once you sign the I-134 and/or I-864. The prenup simply protects each spouse of their own assets, property and so forth when it comes a divorce; depending on how the prenup is stipulated. The I-864 is a US government document or contract that is made between the petitioner/sponsor and the government which is you agree to not let the beneficiary become a public charge to the U.S. government (i.e. welfare, and other social service assistance).

 

While a prenup is a good idea to protect oneself financial future, at times, a prenup does not take away the responsibility of alimony depending on the circumstance of the divorce. Either way, if the divorce ends in a civil and mutual manner, it does not wipe away the responsibility of the petitioner/sponsor should the beneficiary become a public charge. 

[AZSunshine78 437]

2 hours ago, Wuozopo said:

It can be more than three years. See the I-864 form you sign prior to adjustment of status.

 

When Will These Obligations End?

Your obligations under a Form I-864 that you signed will end if the person who becomes a lawful permanent resident based on that affidavit:

A. Becomes a U.S. citizen;
B. Has worked, or can receive credit for, 40 quarters of

coverage under the Social Security Act;

C. No longer has lawful permanent resident status and has departed the United States;

D. Is subject to removal, but applies for and obtains, in removal proceedings, a new grant of adjustment of status, based on a new affidavit of support, if one is required; or

E. Dies.
NOTE: Divorce does not terminate your obligations under Form I-864.

Your obligations under a Form I-864 that you signed also end if you die. Therefore, if you die, your estate is not required to take responsibility for the person's support after your death. However, your estate may owe any support that you accumulated before you died. 

 I went through and read the entire document. Thank you for bringing my attention to this.

 

I also read that the beneficiary can draw up a document, a legal one, stating that he will not take advantage of the petitioners  responsibility financially.

 

That due to matters of divorce, or the inability to find employment, the beneficiary acknowledges that it will be his or her responsibility to support himself should divorce or unemployment occur.

 

It is not recognized by every court but in my state, it happens to be.

 

 Has anyone at all, drawn up any type of documentation between the petitioner and the beneficiary that relates to this? 

 

 I want to thank everyone for and put on the subject. 

Edited June 22, 2017 by AZSunshine78
Correction

[Boiler 43,401]

I am sure it has been tried, whether any particular format would hold water would eventually be down to the Courts to decide.

 

Obviously a pre nup is not a DIY situation, both parties need competent legal advice. 

 

As others have stated the agreement is primarily between the Sponsor and the US Gov so a pre nup is in most cases irrelevant. There are a few cases where the person sponsored has sought benefit and sued under Federal law and there are Lawyers that advertising their services to assist such people.

 

 

[Umka36 781]

You can read the following about "Suing on the I-864":

 

http://www.i-864.net/blog/suing-864-december-2016-update

[Ontarkie 13,904]

~~Moved to General Immigration, from K1 P&P - As this is not a K1 processing question, but whether a prenup offers protection with the I-864~~

Edited June 23, 2017 by Ontarkie

[Boiler 43,401]

I 864

[jakartausa 28]

Please note however that the I864 is rarely enforced and if enforced is only done so if the person has no means of supporting themselves. If you both are working, are self sufficient and either of you want a divorce the I864 isnt a way to squeeze even more money out of you. The only legal squeezing will be via the divorce settlement NOT via the I864.

 

[AZSunshine78 437]

1 hour ago, jakartausa said:

Please note however that the I864 is rarely enforced and if enforced is only done so if the person has no means of supporting themselves. If you both are working, are self sufficient and either of you want a divorce the I864 isnt a way to squeeze even more money out of you. The only legal squeezing will be via the divorce settlement NOT via the I864.

 

Thank you

[mallafri76 1,012]

My husband and I have a prenup, which protects assets owned before the marriage as well as assets during the marriage. I think a prenup is important when one person enters the marriage with considerably more assets than the other and especially when you're in a community property state.  

 

The I-864 has nothing to do with financial

support to your spouse, it's basically a way for the federal government to protect themselves from new immigrants using social benefits they haven't really paid for yet. With that said, if you're in a community property state, you do have a legal obligation to financially support your spouse including equal responsibility for debt. So yes, you do have to financially support your spouse if he requires it. That's called marriage, although in community property states, it's also written in the law.  

 

 

[Boiler 43,401]

Suing in Federal Court has happened, not often but it is possible.

[Ontarkie 13,904]

6 hours ago, Boiler said:

I 864

Thank you. I swore I saw the 8 there before I hit post

[Boiler 43,401]

How do you edit after such a long time has passed.