Immigration Prenup™ for
Green Card Sponsors

Never sponsor a Green Card without one.

Minimize risk. Sponsor with confidence.

INTRODUCING THE

Immigration Prenup™

Codias Law pioneered the Immigration Prenup™, also known as the “Affidavit of Bona Fide Marriage”, to minimize risk to Sponsors and strengthen applications by serving as substantive evidence of a bona fide marriage.

THE PROBLEM

Sponsors face substantial risks and indefinite liability.

Risk #1

Financial Liability

Sponsors are legally obligated to financially support an immigrant, even after a divorce and even if fraud is suspected. In some cases, this liability can last forever, reaching hundreds of thousands of dollars.

Risk #2

False Accusations

Immigrants can falsely accuse Sponsors of physical or mental abuse to qualify for immigration benefits, particularly if the marriage sours. These accusations can destroy lives and careers.

Risk #3

Biased Representation

Traditional immigration attorneys routinely prioritize the interests of immigrants over sponsors in violation of their ethical duties. Sponsors should never file any papers without independent legal advice.

Risk #4

Secret agendas

Sponsors often cannot access information that is relevant to their sponsorship, including representations made by immigrants before USCIS. Traditional immigration attorneys may even help block access.

EXAMPLE

Sponsors can be liable for hundreds of thousands of dollars.

Let’s assume you sponsored an immigrant and the marriage dissolves. Rather than get a job, the immigrant sues you in state or federal court to enforce I-864 obligations.

Over 15 years, you’d pay the immigrant $282,375. If the immigrant had two children, you’d be liable for $484,125. Keep in mind, this is your federal liability, which is separate from any state-based spousal support.

Cumulative I-864 liability

Note: These are modest projections that rely on 2024 poverty guidelines, without accounting for annual increases.

THE SOLUTION

Protect yourself with an Immigration Prenup™

Benefit #1

Clear Expectations

The Immigration Prenup™ clarifies expectations of both the Sponsor and intending immigrant. These expectations are in writing and are submitted in the form of representations made to USCIS.

Benefit #2

Manage Risks

The Immigration Prenup™ helps Sponsors manage unknown risks in the face of an immigration system that favors foreign nationals and offers little protection against fraud and false accusations.

Benefit #3

Strengthen Evidence

The Immigration Prenup™ can strengthen spousal-based Green Card applications by including representations that serve as substantive evidence of a bona fide marriage before immigration officials.

Benefit #4

Equal Access

The Immigration Prenup™ helps ensure that Sponsors and Beneficiaries have equal access to information and can verify representations made by either party to immigration officials.

Benefit #5

Conflict Avoidance

The Immigration Prenup™ identifies contingency plans in advance of any martial dissolution which helps reduce conflict and costly disputes in the future as it pertains to I-864 obligations.

Benefit #6

Fraud Prevention

The Immigration Prenup™ provides U.S. immigration officials with greater assurance that an intending immigrant is not attempting to defraud a fellow citizen or the U.S. Government.

ORIGINS

How the Immigration Prenup™ came to be.

Codias Law began as a law firm exclusively focused on representing victims of immigration fraud. In this role, we helped, and continue to help, U.S. citizens respond to incidents of immigration fraud, including marriage fraud.

Through years of experience, our firm has identified common schemes and techniques used by foreign nationals and their immigration attorneys for perpetrating marriage fraud, and other forms of benefit fraud, in violation of federal law.

Based on our experience, we developed and refined concepts for not only responding to fraud, but also helping clients to deter and prevent fraud from occurring in the first place.

The Immigration Prenup™ is the culmination of some of our work and represents the best-in-class protection for U.S. citizens who want to simultaneously protect their interests in the Green Card process and strengthen evidence of a bona fide marriage before U.S. immigration officials.

THE

FAQs

  • Whereas a Marital Prenup occurs prior to a marriage, the Immigration Prenup typically occurs after marriage and before Green Card Sponsorship.

    Unlike a Marital Prenup which seeks to clarify and agree upon state-based liability in the event of a dissolution, the Immigration Prenup clarifies the interests of the parties as it relates to the federal immigration process.

  • Yes, some courts have held that traditional Marital Prenuptial agreements that purport to eliminate I-864 liability, derived from federal statute, are unenforceable.

    Unlike Marital Prenuptial agreements, however, the Immigration Prenup minimizes risks to Sponsors in a way that is consistent with the federal I-864 statute and court precedent.

  • Our law firm can communicate with your spouse and/or their immigration attorney regarding the terms and conditions of your sponsorship so you can rest easy.

    If you prefer to raise the topic of the Immigration Prenup with your spouse directly, the best approach is to be honest. Green Card sponsorships are a big deal with substantial risks to sponsors.

    The Immigration Prenup is beneficial for both sponsors and their foreign spouses. Sponsors get reasonable protections, and foreign spouses get stronger evidence of a bona fide marriage.