We are publishing an update to our 2012 article, Suing on the I-864, Affidavit of Support. That original article, along with a February 2014 update, is available on our website here. The current article reviews all United States case law concerning enforcement of the I-864, going back to publication of the last article. Together the […]
Category: Prenuptial agreement
Suing on the I-864, December 2016 update
Ante-nuptial agreements can’t waive I-864 support.
A third court has held that purported waivers of I-864 support are ineffective. Toure-Davis v. Davis, NO. WGC-13-916, 2014 U.S. Dist. LEXIS 42522 (Dist. M.D. Mar. 28, 2014). In Toure-Davis v. Davis the court gave both a narrow (but plausible) and a broad (but misguided) basis for holding the waiver was ineffective. I’m indebted to […]
Another court finds prenuptial agreements unenforceable
In Shah v. Shah a second federal district court has determined that an I-864 beneficiary may not waive her right to collect financial support under the I-864. Civil No. 12–4648 (RBK/KMW), 2014 WL 185914 (D.N.J. Jan 14, 2014) (memo. op.). In Shah, the parties had signed a prenuptial agreement prior to executing the I-864. The […]
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 […]