How can I Protect my Finances and Assets from an Immigrant I have Sponsored?
Protecting your finances and assets from potential risks associated with sponsoring an immigrant involves a few considerations. Here is some practical information and steps you can take:
Pre-nuptial Agreement: If sponsoring a spouse, consider a prenuptial agreement. This legal document can outline how assets and finances would be divided in the event of a divorce, providing some protection for your assets. The agreement will not protect you from enforcement of support based on the I-864 Affidavit of Support that you signed. It will however protect you from liability over and above the I-864. Mulder Law has been extremely successful in protecting the American citizen financial sponsor in litigation to enforce the I-864 Affidavit of Support.
Separate Finances: Keep your finances separate from those of the immigrant, especially if they have a history of financial instability or if you're concerned about potential liabilities. Maintain separate bank accounts and assets where possible. This suggestion can be tricky because the USCIS wants to see that you and your immigrant spouse have commingled your assets to work together as a married couple. This is considered evidence of a valid marriage as opposed to marriage fraud where the marriage was entered into to obtain a green card. A well presented plan will rebut any questions the USCIS may have regarding your finances.
Be Proactive from the Beginning: If you spouse does not speak read and write English encourage him or her to learn to do so immediately. Your immigrant spouse will need to know English well enough to take part in a Naturalization interview that is in English and to pass a Naturalization Exam that is in English. With a command of the English language, your spouse can become a United States citizen in as little as three years. Once your spouse is a United States citizen you obligation to support your spouse based on the I-864 Contract that you signed is terminated by operation of law.
Encourage your Spouse to Seek Employment: Your spouse will earn social security qualifying quarters of work credit for employment. Your spouse can earn qualifying credits or acquire credits through you. Once your spouse earns 40 qualifying quarters the I-864 Affidavit of Support that you signed terminates by operation of law. You are no longer obligated to support the immigrant based on the I-864. You may however be obligated to support the immigrant in the form of alimony or distribution of assets. This obligations that does not terminate by operation of law is the reason to have a prenuptial agreement.
Contract for Reimbursement of Support: There are many unanswered questions regarding the litigation of the I-864 Affidavit of Support. While creating a contract for reimbursement between you and the immigrant may seem like a way to protect yourself from liability under the Form I-864 (Affidavit of Support), it's important to understand that such a contract may not be legally enforceable in this context.T he Form I-864 is a legally binding contract between the sponsor and the U.S. government, not between the sponsor and the immigrant. Its purpose is to ensure that the sponsored immigrant has adequate means of financial support while in the United States and to prevent them from becoming a public charge. Therefore, any agreements made between the sponsor and the immigrant do not alter the sponsor's obligations under the I-864. A contract for reimbursement if the American citizen spouse is required to temporarily support the immigrant may be a valid and enforceable contract.
