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https://www.immigrationfamilylawyer.com/blog/maryland-immigration-law/2015/03/03/prenuptial-agreements-864-affidavits-support/
There has been some disagreement among federal district courts in recent years about whether a prenuptial agreement can waive the obligations to which a sponsor consents by signing the I-864 Affidavit of Support.
https://www.passage.law/prenuptial-agreement-affidavit-of-support/
While many couples decide to sign a prenuptial agreement before walking down the aisle, for international couples, a prenuptial agreement can raise additional questions. A common question is whether or not a prenuptial agreement can protect the U.S. citizen spouse from any obligation under the Affidavit of Support (also known as Form I-864), that is a mandatory part of the immigration process.
https://www.law.com/newyorklawjournal/2020/01/02/affidavit-of-support-trumps-a-judgment-of-divorce/
It does not matter from an enforcement perspective whether the I-864 is executed before or after a prenuptial agreement. The affidavit’s ramifications are further complicated by recent efforts ...
https://www.marriagevisaattorney.com/how-does-a-prenuptial-agreement-affect-the-validity-of-an-i-864-affidavit-of-support/
Jul 03, 2018 · The existence of a pre nuptial agreement does not affect or invalidate the terms of the I-864 Affidavit of Support. This is because the I-864 Affidavit is an agreement between the Sponsor and the US Government. It is seperate and distinct agreement from any contract the parties to a marriage may have entered into on their own.
http://www.internationalfamilylawfirm.com/2018/05/prenuptial-agreements-and-green-card.html
May 16, 2018 · Prenuptial Agreements and “Green Card” Affidavits of Support Jeremy D. Morley Will a prenuptial or postnuptial agreement protect a U.S. citizen, who has signed a Form I-864 Affidavit of Support in furtherance of a foreign spouse’s application for a U.S. permanent resident visa, against the subsequent support claims of a foreign spouse upon a divorce?
https://norrismclaughlin.com/ib/2017/11/06/marry-immigrant-power-prenuptial-agreement-ramifications-affidavit-support/
Prior to the marriage, parties may also address any future financial responsibility as a result of the Affidavit as part of a Prenuptial Agreement. The Affidavit of Support can also prove problematic when addressing the financial aspects of the divorce, such as alimony and child support.
http://www.i-864.net/suing-on-the-i864-affidavit-of-support/
“If the sponsored immigrant is an adult, he or she probably can, in a divorce settlement, surrender his or her right to sue the sponsor to enforce an affidavit of support.” [140] In Blain the parties had entered in the pre-marital agreement before executing the I-864 – though this timeline was mentioned in the Court’s analysis its import is unclear. [141]
https://www.michaeljohnsonesq.com/blog/2016/06/i-864-affidavit-of-support-valid-despite-conflicting-prenup.shtml
Jun 14, 2016 · The man argued that his former wife was living above the poverty line due to support she received from her son, and he pointed out that the terms of the prenuptial agreement she had signed stipulated that no alimony would be paid. Affidavits of Support are federal documents, and the commitments made by spouses who sign them do not end with divorce.
https://elawimmigration.com/ante-nuptial-agreement-eliminate-obligations-affidavit-support/
Jun 17, 2014 · The court reasoned, the Affidavit of Support is a contract between the sponsor and the U.S. Government and the obligation under it is separate and apart from obligation of support under Maryland law or right to support waived by the parties via agreement. In other words, a prenuptial agreement signed prior to or after filing the foreign national’s green card does not prevent the foreign …
https://www.lawdepot.com/law-library/faq/prenuptial-agreement-faq-united-states/
Generally, you can not adversely affect or waive any rights of a child to support in a prenuptial agreement. The parties can set their intentions in the prenuptial agreement which the courts can consider, but they are not bound by such provisions as the needs of the children are paramount.
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