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Moto77

I-864 and Prenuptial or Postnuptial Agreements

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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 by Moto77

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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?


VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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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."


3/2/18  E-filed N-400 under 5 year rule

3/26/18 Biometrics

7/2019-12/2019 (Yes, 16- 21 months) Estimated time to interview MSP office.

 

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


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"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?


VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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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 by Nola123

3/2/18  E-filed N-400 under 5 year rule

3/26/18 Biometrics

7/2019-12/2019 (Yes, 16- 21 months) Estimated time to interview MSP office.

 

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"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.

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