The ninth arrondissement and other courts in the country appear to have reached a consensus that a declaration of support under oath is applicable, even if a marriage contract has been executed and is otherwise valid and enforceable. While the parties can still negotiate this issue in a conjugal agreement, the joint U.S. citizen should realize that there is no way to guarantee that it will be applicable, since Treaty I-864, created under federal law, would surpass the marital agreement. Most – but not all – cases involving cases without points have denounced the fact that the waiver would not 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 plaintiff and the defendant would not change the insurance of the sworn aid. The agreement of all parties to the original contract is required for an oral or written amendment. The defendants provided no evidence that the U.S. government agreed to amend the statement of support or contract.” 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 cf. Blain v. Herrell, 2010 WL 2900432, (D. Haw. 2010) (which states in Diktat that the right-wing Form I-864 is inherent in the nature of contractual rights and can be repealed). Anyone wishing to be admitted to the United States as a family-sponsored immigrant must be the beneficiary of a sworn aid statement. In the absence of a sworn statement of financial assistance, your spouse is considered inadmissible to the United States because he or she could become a public charge. Even if your fiancé or spouse has an income or a fortune, you must sign a sworn aid declaration for the immigration process to be completed.
Your income and wealth are used to determine if you reach a 125% threshold of the federal Poverty Directive. The affidavit of the support warns sponsors that “[i]f will not provide you with sufficient support to the person who becomes a permanent resident, based on the I-864 form you have signed, that person may sue you for this assistance. The duration of this agreement: the old 10-year period or the date on which the immigrant is naturalized (becomes a U.S. citizen).