Postnup? What should I do?

[RoyJoy]

Probably will live in Texas but not sure.

I have been up front since the beginning of my relationship (now marriage) that I wanted a pre nump, mainly to avoid what my mom did to my dad. She knows the story and is fine with a prenump. However, I originally got some bad legal advice and now I'm trying to correct my mistakes.

She's from a foreign country and although we met in the USA I moved to be with her for a few years before we got married. We got married in her country originally, she was finishing school and this gave me residence. I had understood that from there, to come back to the states, the procedure was to file an I-130 and do another marriage when we got back to the states. So I had planned on hiring an attorney for her as well as one for myself when we got back to the states, prior to our second marriage, put together a fair prenup and never worry about this kind of stuff again.

I recently found out that the I-130 carries the marriage over to the USA so it's impossible to get a prenup because the foreign marriage was it.

So here's my dilemma, we're right before the interview stage of the I-130. Maybe 1-2 months before she gets her residence. Should I go ahead and just pay a lawyer in the USA to draft a post nuptial agreement? Would this be valid?

I've done some reading and I see that there cannot be threats of coercion. I'm scared that it may look like to a judge if something ever happened that I was waiting till right before she gets her residence and then making her sign a post nup and therefore there was coercion.

Am I over thinking this? Any advice would be most appreciated.

 

[OHRoadwarrior]

You also filed an affidavit of support coinciding with the issuance of a green card. A prenup cannot bypass Federal law.

 

[RoyJoy]

Thanks for the reply OHRoadwarrior.

I'm trying to process your answer.

Obviously I would support her during the marriage.

Hopefully the marriage never ends, but if it did prior to her citizenship, the green card would be revoked and she would have to return to her country. Maybe I support her for a year or afterwards.

If it ended after she got her citizenship it wouldn't matter anyway at that point, right?

Also, from my understanding the affidavit of support doesn't mean she gets 50% of the assets, which I'm not comfortable with. It just means I'm supporting her, right? I'm fine with that.

So the affidavit of support doesn't have much to do with my case I think. Please correct me if I'm wrong.

 

[Proserpina]

Thanks for the reply OHRoadwarrior.

I'm trying to process your answer.

Obviously I would support her during the marriage.

Hopefully the marriage never ends, but if it did prior to her citizenship, the green card would be revoked and she would have to return to her country. Maybe I support her for a year or afterwards.

If it ended after she got her citizenship it wouldn't matter anyway at that point, right?

Also, from my understanding the affidavit of support doesn't mean she gets 50% of the assets, which I'm not comfortable with. It just means I'm supporting her, right? I'm fine with that.

So the affidavit of support doesn't have much to do with my case I think. Please correct me if I'm wrong.

That AoS obligation will only stop if one of the following happens:

1. You or she dies
2. She obtains citizenship
3. She earns 40 qualifying SS credits
4. She abandons her residency.

Once she's a resident (even conditional), all bets are off - she will not be forced to go back, nor will she be forced to naturalize.

Tread very, very carefully.

 

[RoyJoy]

Wow. Really glad I asked here. Thanks for the insight.

 

[ecmst12]

No agreement is going to be valid unless you are both represented by separate lawyers. And no agreement is going to change her being entitled to 50% of the MARITAL assets.

 

[Ohiogal]

And in many states a POST NUP is NOT enforceable.