Category: Case law update

Prenuptial agreement cannot waive enforcement? Erler v. Erler (N.D. Cal. Nov. 21, 2013).

A second federal district court has weighed in on whether a prenuptial agreement may waive an immigrant-beneficiary’s right to seek enforcement of the I-864.  Previously, in Blain v. Herrell, a district court in Hawaii had concluded that a premarital agreement could waive a beneficiary’s rights to enforce the I-864, on the reasoning that the beneficiary […]

Lack of personal jurisdiction? Delima v. Burres (D.Utah Feb. 26, 2013)

Delima v. Burres, No. 2:12–cv–00469–DBP, 2013 WL 690536 (D.Utah Feb. 26, 2013). In this Federal contact suit by an I-864 Beneficiary the Court held that it lacked personal jurisdiction over Sponsor-defendant. It appears the parties hired a Utah law firm to prepare the I-864, but executed the form in Montana… at least there was no […]