Green Card application + prenup advice

[ricita89]

I'm an foreign citizen living in Los Angeles on a non-immigrant visa. I'm going to marry my American girlfriend soon and I will need to hire one or more attorneys to handle both our prenup and my Green Card application.
Do you recommend hiring an immigration law firm and a family law firm separately? Or finding a firm that can handle both matters? If you suggest the latter, what is the best way to find one?
The prenup should be very straightforward. The Green Card should also be a simple case.
Also, what can I expect to be charged? I'm trying to get good services without spending a fortune.

Please share all of your opinions! Thank you!

 

[LdiJ]

I'm an foreign citizen living in Los Angeles on a non-immigrant visa. I'm going to marry my American girlfriend soon and I will need to hire one or more attorneys to handle both our prenup and my Green Card application.
Do you recommend hiring an immigration law firm and a family law firm separately? Or finding a firm that can handle both matters? If you suggest the latter, what is the best way to find one?
The prenup should be very straightforward. The Green Card should also be a simple case.
Also, what can I expect to be charged? I'm trying to get good services without spending a fortune.

Please share all of your opinions! Thank you!

No one here can possibly tell you how much it should cost to handle your legal matters without you divulging info that you should NOT divulge on an internet forum.

It would be odd for an attorney to specialize in both immigration and family law so you would likely need separate attorneys for your immigration matters and your prenup. Your girlfriend should have her own attorney for any prenup as otherwise the prenup could be considered to be void.

 

[Just Blue]

I'm an foreign citizen living in Los Angeles on a non-immigrant visa. I'm going to marry my American girlfriend soon and I will need to hire one or more attorneys to handle both our prenup and my Green Card application.
Do you recommend hiring an immigration law firm and a family law firm separately? Or finding a firm that can handle both matters? If you suggest the latter, what is the best way to find one?
The prenup should be very straightforward. The Green Card should also be a simple case.
Also, what can I expect to be charged? I'm trying to get good services without spending a fortune.

Please share all of your opinions! Thank you!

You would hire an immigration attorney for your immigration matter and you would hire a family law attorney for the pre-nup...girlfriend would also need her own attorney for the pre-nup.

As to what the attorney's will charge, we would have no way of knowing what the hourly charge of an unknown firm would be. You can call the Cali Bar Assoc. for several referrals...pick the one that best suits both your needs and wallet.

https://www.calbar.ca.gov/

 

[ricita89]

Thanks a lot for the answers! For the prenup, can one of the attorneys be hire to simply review the agreement while the other one drafts the entire document? I'm asking to understand whether we can avoid paying for 2 full fees, given that my girlfriend and I agree on all the terms.
Thanks!

 

[not2cleverRed]

By the way, you do realize that a marriage based green card has income requirements, and that the citizen spouse is required to commit to not allowing the immigrant spouse to become destitute, living on state aid?

I mention this, because that could affect the terms of the pre-nup. (I have no idea of what your financial situation is.)

Are you even sure that you need a pre-nup? If there are any children from prior relationships, a pre-nup makes sense, however if there are no children, it might not.

 

[t74]

The USC sponsor of an immigrant has a financial obligation to the federal government to reimburse the government for certain benefits provided to the immigrant. I hope the intent of the prenup is not to try to override that obligation.

You should also be aware that the legitimacy of the relationship has the expectation of the commingling of funds and joint obligations.

You should realize that premarital assets do not automatically become jointly owned as part of the marriage. Certain rules must be followed to maintain the separate nature of the property.

IMO your discussion of a prenup should also include a preliminary estate planning discussion, immigration sponsorship requirements, and other issues involving marital property rights and responsibilities.

 

[LdiJ]

The USC sponsor of an immigrant has a financial obligation to the federal government to reimburse the government for certain benefits provided to the immigrant. I hope the intent of the prenup is not to try to override that obligation.

You should also be aware that the legitimacy of the relationship has the expectation of the commingling of funds and joint obligations.

You should realize that premarital assets do not automatically become jointly owned as part of the marriage. Certain rules must be followed to maintain the separate nature of the property.

IMO your discussion of a prenup should also include a preliminary estate planning discussion, immigration sponsorship requirements, and other issues involving marital property rights and responsibilities.

For some reason I sense it's the OP that has the money. If someone has definite means to support themselves they don't need a financial sponsor.

 

[not2cleverRed]

For some reason I sense it's the OP that has the money. If someone has definite means to support themselves they don't need a financial sponsor.

The citizen spouse has to sign an I-864, even if the income of the immigrant spouse is used to prove there's sufficient support.

And really, if OP is too overprotective of their assets, they will also come across in the interview as... not being in an honest relationship.

We don't even know if OP has a good reason for wanting a pre-nup. There are occasions that merit a prenup. There are also people who are scared of being in a real marital relationship.

 

[t74]

Since OP's reasons for the prenup are unstated and his needs to understand immigration and estate law, he needs professional, in person assistance rather than a forum.

If he has assets he believes he needs to protect, he needs to spend the $$$ to do it right. He is looking for cheap ; this is clearly a "you get what you pay for" situation.