Directly in the list of circumstances that would terminate the undertaking, Form I-864 explicitly warns in bold that a divorce does not terminate the maintenance obligation: „Divorce does not terminate your obligations under Form I-864.“ Under federal law, neither a divorce nor a pre-marital agreement terminates a maintenance obligation. While many couples decide to sign a marriage contract before going down the hallway, a marriage contract can raise additional questions for international couples. A common question is whether or not a marriage contract can protect the spouse of the U.S. citizen from an obligation under the affidavit (also known as Form I-864), which is a mandatory part of the immigration process. Unfortunately, this is a complex issue that encompasses several issues, including the state in which you live, as this influences how the marriage contract is interpreted and applied. Most – but not all – the falling deal is that renunciation won`t be effective. See Patel, 2015 WL 13116649 (Minn.Dist.Ct.) („A third party beneficiary is not a party to a contract and any agreement between the applicant and the defendants would not alter the affidavit. The agreement of all parties to the initial contract is required for an oral or written amendment. The defendants have provided no evidence that the U.S. government agreed to amend the affidavit or treaty.“ Patel v. Patel, 2015 WL 13116649 (Minn.Dist.Ct); Erler v. Erler, 2014 WL 129222 (N.D. Cal.
2013); and Shah v. Shah, 2014 WL 185914 (D. NJ 2014). But see Blain v. Herrell, 2010 WL 2900432, (D. Haw. 2010) (suggested in dicta that the rights of nature are and can be promulgated under Form I-864). Funds spent on poorly written and inexpensive marriage contracts could just as easily be dumped in the toilet. Always consult an immigration lawyer before signing such an agreement, and if you have already signed such an agreement, refer it to an immigration lawyer to identify any problems that may arise during your green card interview or conditional absence of a green card if your relationship deteriorates later. Under the U.S. Constitution`s supremacy clause, Congress has „broad undisputed power over immigration and the status of aliens“ stemming from its constitutional power to „set a single rule of naturalization“ and its „intrinsic sovereignist power to control and manage relations with foreign nations.“ Arizona v.
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