Brooklyn, NY asked in Family Law and Immigration Law for New York

Q: Can I get a marriage agreement between me and my husband allowing me to fully be dismissed of affidavits if any adultery

Like can I get a agreement written up and sign by both parties to fully free me of my affidavit obligations to support my spouse in the case he leave this marriage or lied to get a green card or have a baby while still married outside the marriage or if we separated or divorced if we was to both agree on it?

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3 Lawyer Answers
Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY
  • Licensed in New York

A: You can do a post-nuptial agreement and agree to anything you want as long as it is not a crime or against public policy.

Cesar Mejia Duenas
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Answered
  • Immigration Law Lawyer
  • Miami, FL
  • Licensed in New York

A: Hi, you can have a prenuptial agreement drafted to limit your duty to pay alimony, but that will not release your liability resulting from the affidavit of support (Form I-864), since that agreement is between you and the Federal Government, where you promise to support the person you are bringing into the U.S.

Francesco Paolo Tini
Francesco Paolo Tini
Answered
  • West islip, NY
  • Licensed in New York

A: You can provide in an agreement that you both waive any spousal support, whether temporary or permanent, provided it is in a proper form just like a deed. However, there are exceptions: sometimes you could have an agreement that is a complete waiver of support , but you may still have to support him if he becomes a public charge. I would hire an attorney to guide me.

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