Simple post-nup document? She has nothing, I have everything.

[P A U L]

What is the name of your state (only U.S. law)? California

My wife entered the U.S. through a K-1 (fiancee) visa, and we are currently in the process of adjusting her status for a conditional green card. We have not signed any prenups. However, I would like to have a postnup prepared. But, to have a thorough and valid document that will uphold in court (in the chance that it may be used) seems like an awful lot of work and words considering she came here with 2 suitcases full of clothes and toiletries. Nothing of value that exceeds $500.

The document would be created just to protect my assets and any assets I may acquire through the years ahead. And I suppose also to protect her from incurring half my debts (if that’s possible). I am looking for a simple and legal document that will simply divide all our assets that we had prior to marriage, and keep separate any and all things we acquire in our own names during the marriage.

Do I absolutely need to spell out every little detail of our belongings in the document? Is there no “blanket” document that’ll cover all “my” assets/property considering she entered into the U.S. without any assets or property of her own? We talked things through and she was in agreement with me, and she was willing to sign the document. I just want to draft a document that is simple and valid.


Additional questions, once we have the draft prepared...how do we execute it? I was thinking she find a lawyer, and I find mine, we all schedule an appointment together to sign the document. Is that excessive? Is a notary acceptable?

 

[Silverplum]

What is the name of your state (only U.S. law)? California

My wife entered the U.S. through a K-1 (fiancee) visa, and we are currently in the process of adjusting her status for a conditional green card. We have not signed any prenups. However, I would like to have a postnup prepared. But, to have a thorough and valid document that will uphold in court (in the chance that it may be used) seems like an awful lot of work and words considering she came here with 2 suitcases full of clothes and toiletries. Nothing of value that exceeds $500.

The document would be created just to protect my assets and any assets I may acquire through the years ahead. And I suppose also to protect her from incurring half my debts (if that’s possible). I am looking for a simple and legal document that will simply divide all our assets that we had prior to marriage, and keep separate any and all things we acquire in our own names during the marriage.

Do I absolutely need to spell out every little detail of our belongings in the document? Is there no “blanket” document that’ll cover all “my” assets/property considering she entered into the U.S. without any assets or property of her own? We talked things through and she was in agreement with me, and she was willing to sign the document. I just want to draft a document that is simple and valid.


Additional questions, once we have the draft prepared...how do we execute it? I was thinking she find a lawyer, and I find mine, we all schedule an appointment together to sign the document. Is that excessive? Is a notary acceptable?

You do realize she must have her own attorney...and that no attorney will advise her to sign that nonsense?

 

[Ohiogal]

What is the name of your state (only U.S. law)? California

My wife entered the U.S. through a K-1 (fiancee) visa, and we are currently in the process of adjusting her status for a conditional green card. We have not signed any prenups. However, I would like to have a postnup prepared. But, to have a thorough and valid document that will uphold in court (in the chance that it may be used) seems like an awful lot of work and words considering she came here with 2 suitcases full of clothes and toiletries. Nothing of value that exceeds $500.

The document would be created just to protect my assets and any assets I may acquire through the years ahead. And I suppose also to protect her from incurring half my debts (if that’s possible). I am looking for a simple and legal document that will simply divide all our assets that we had prior to marriage, and keep separate any and all things we acquire in our own names during the marriage.

Do I absolutely need to spell out every little detail of our belongings in the document? Is there no “blanket” document that’ll cover all “my” assets/property considering she entered into the U.S. without any assets or property of her own? We talked things through and she was in agreement with me, and she was willing to sign the document. I just want to draft a document that is simple and valid.


Additional questions, once we have the draft prepared...how do we execute it? I was thinking she find a lawyer, and I find mine, we all schedule an appointment together to sign the document. Is that excessive? Is a notary acceptable?

She needs an attorney. You need an attorney> Any post nup will NOT supercede your sponsorship of her or federal law. If you acquire assets during the marriage, she will be entitled to a marital portion. End of story.

 

[P A U L]

She needs an attorney. You need an attorney> Any post nup will NOT supercede your sponsorship of her or federal law. If you acquire assets during the marriage, she will be entitled to a marital portion. End of story.

we're not even considering divorce.

anyway, to get lawyers involved...what would be the first step? do i draft a document first, get both lawyers involved and have a discussion together over the content of that draft?

 

[Ohiogal]

we're not even considering divorce.

anyway, to get lawyers involved...what would be the first step? do i draft a document first, get both lawyers involved and have a discussion together over the content of that draft?

Even then if it violates federal law or public policy it may not be enforceable at the time of divorce.
You can draft a document and get a lawyer. Your wife should then get her own lawyer. And the purpose of a post-nup is regarding a divorce. Depending on the law at that time, what you do now may not matter.

 

[OHRoadwarrior]

You do realize even if you enact this pre-nup it has no effect in on the Federal support affidavit you provide. It does not sound like you want a wife. It sounds like you want a sex slave and housekeeper. Wait until the entire thing gets out because she is signing under duress. You filed paperwork to bring her here for immoral purposes and once she arrived, you forced her to sign your papers or be deported.

 

[Just Blue]

What is the name of your state (only U.S. law)? California

My wife entered the U.S. through a K-1 (fiancee) visa, and we are currently in the process of adjusting her status for a conditional green card. We have not signed any prenups. However, I would like to have a postnup prepared. But, to have a thorough and valid document that will uphold in court (in the chance that it may be used) seems like an awful lot of work and words considering she came here with 2 suitcases full of clothes and toiletries. Nothing of value that exceeds $500.

The document would be created just to protect my assets and any assets I may acquire through the years ahead. And I suppose also to protect her from incurring half my debts (if that’s possible). I am looking for a simple and legal document that will simply divide all our assets that we had prior to marriage, and keep separate any and all things we acquire in our own names during the marriage.

Do I absolutely need to spell out every little detail of our belongings in the document? Is there no “blanket” document that’ll cover all “my” assets/property considering she entered into the U.S. without any assets or property of her own? We talked things through and she was in agreement with me, and she was willing to sign the document. I just want to draft a document that is simple and valid.


Additional questions, once we have the draft prepared...how do we execute it? I was thinking she find a lawyer, and I find mine, we all schedule an appointment together to sign the document. Is that excessive? Is a notary acceptable?

How long have you been married?

 

[Proserpina]

How long have you been married?

That's a VERY good question!

That aside, OP really needs to understand the obligations of the I-864. Since tracking I-864 lawsuits, I'm yet to come across ANY in which the prenup or postnup overrides the obligation.

This isn't the usual sort of contract law, either. The contract itself is between the sponsor and the US government. The sponsored immigrant is a third party who can sue the sponsor regardless of any action (or inaction) taken by the government.

As always, my advice is to tread very carefully. While it's not a guarantee, very often you can get a feel of the immigrant's mindset simply by discussing whether or not the immigrant intends to naturalize.

 

[P A U L]

That's a VERY good question!

That aside, OP really needs to understand the obligations of the I-864. Since tracking I-864 lawsuits, I'm yet to come across ANY in which the prenup or postnup overrides the obligation.

This isn't the usual sort of contract law, either. The contract itself is between the sponsor and the US government. The sponsored immigrant is a third party who can sue the sponsor regardless of any action (or inaction) taken by the government.

As always, my advice is to tread very carefully. While it's not a guarantee, very often you can get a feel of the immigrant's mindset simply by discussing whether or not the immigrant intends to naturalize.

I'm not trying to shirk my obligations to the I-864. I just want to separate assets and property. Gosh, some of you folks make me sound like a monster lol.

 

[single317dad]

I think the biggest problem you'll run into is that you're trying to do things exactly the opposite of how most jurisdictions handle property division. Usually, proceeds of the marriage will be divided (either equally or equitably), and the things you owned prior to the marriage will once again be yours. What you're asking for goes against public policy, and I believe any money you spend on attorneys to make it happen will be wasted.

That said, feel free to draft your documents (or ask for the assistance of a paralegal or law student, or download something off the internet and make your own edits) and take them to attorneys. They'll advise you from there.

 

[Just Blue]

I'm not trying to shirk my obligations to the I-864. I just want to separate assets and property. Gosh, some of you folks make me sound like a monster lol.

Sooo...How long is this marrage??

 

[LdiJ]

I'm not trying to shirk my obligations to the I-864. I just want to separate assets and property. Gosh, some of you folks make me sound like a monster lol.

I don't think that you sound like a monster at all. I think that you sound like someone who doesn't understand the concept of marriage very well though.

Let me give you an example. Lets say that you do manage to put together a postnup that will end up holding up in court. You are married for 20 years, and in year 15 you have an accident and become disabled, and end up on SSDI. You only own your home because you insisted on it being separate property. You only own your car but with high monthly payments etc. She in the meantime has obtained an education (if she doesn't already have one) has a good paying job, has amassed substantial retirement benefits, and has saved a lot of money. She decides that she no longer wants to be married to you. You have used up all your savings covering your expenses over that past 5 years and have little left but SSDI, but still have 10 years to go on a fairly expensive mortgage. How are you going to feel about that postnup then?

 

[CJane]

The document would be created just to protect my assets and any assets I may acquire through the years ahead.

This is the part that 1) makes you sound like a jerkwad and 2) is never going to hold up in court.

 

[Proserpina]

This is the part that 1) makes you sound like a jerkwad and 2) is never going to hold up in court.

M won't let me use my new favourite word.

*sniffle*

 

[Silverplum]

M won't let me use my new favourite word.

*sniffle*

"Energizer Bunny?"

Or "whiny?"