More specifically, the I-864 ensures that a sponsor rather than American taxpayers provides the immigrant with support. Congress created the Form I-864 so that immigrants would be guaranteed basic financial support of they need it. How do federal courts view nuptial agreements that purport to waive rights under the Form i-864?įederal courts see two main problems with nuptial waivers.įirst, these agreements undermine the purpose of the I-864. But sometimes the agreements will also specifically cross-reference the Form I-864. Usually these nuptial agreements will contain broad language that the immigrant waives all right to “alimony” or spousal maintenance. on a K-1 visa, then be forced to sign a prenuptial agreement before getting married. For example, someone might come to the U.S. Often this happens before the person completes the immigration process. It is very common for sponsored immigrants to sign a nuptial agreement. Even if a sponsored immigrant has signed a document saying that she forfeits all rights under the I-864, that agreement is meaningless in federal court. No, federal courts have squarely held that a pre- or post-nuptial agreement cannot waive rights under the Form I-864.
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