Fiance Visa Invalidates Prenup?

[Faja1986]

What is the name of your state?
Maryland

Will a prenup be considered coercive/negative impact and ruled invalid by courts if a foreign fiancee is brought over to US on fiance visa and signs during the 90-day visa validity window? We've had multiple discussions on and off for a year prior to obtaining the visa on why I want a prenup, she understands why, and is willing to mediate a prenup. As a result, she is not forced to drop everything to come for a marriage only to find out she has to sign the prenup or get deported in 90 days.

 

[Zigner]

What is the name of your state?
Maryland

Will a prenup be considered coercive/negative impact and ruled invalid by courts if a foreign fiancee is brought over to US on fiance visa and signs during the 90-day visa validity window? We've had multiple discussions on and off for a year prior to obtaining the visa on why I want a prenup, she understands why, and is willing to mediate a prenup. As a result, she is not forced to drop everything to come for a marriage only to find out she has to sign the prenup or get deported in 90 days.

There is no way we could guess. Really.

The best thing would be for you and she to each have your own attorney (separate attorneys) advise each of you on the prenup before either of you signs.

 

[FlyingRon]

She doesn't HAVE to sign anything. What she has to do is get married within 90 days or leave. But you better get your ac straight. It's not just your fiance who can get into trouble. We've had judges throw the US Citizen fiancee who fraudulently obtained the visas in the jail for 30 days. The K-1 isn't to "work things out," it's to bring in someone you KNOW you are intending to marry.

 

[Faja1986]

She doesn't HAVE to sign anything. What she has to do is get married within 90 days or leave. But you better get your ac straight. It's not just your fiance who can get into trouble. We've had judges throw the US Citizen fiancee who fraudulently obtained the visas in the jail for 30 days. The K-1 isn't to "work things out," it's to bring in someone you KNOW you are intending to marry.

Yes I understand the intent of the K1 and this isn't for marriage fraud. I'm asking if my assets can be legally protected under a prenup under the 90-day visa validity window prior to marriage. My intent is to sign the prenup and marry because that is what we discussed and agreed to. I'm not going to get into personal reasons here.

 

[FlyingRon]

Again, the "prenup" is not affected by the K-1, however, the K-1 might very well be affected by your prenup insistance. I would suggest if you are going to insist on this as a condition of marriage, that you get it signed BEFORE you apply for the visa.

 

[LdiJ]

Yes I understand the intent of the K1 and this isn't for marriage fraud. I'm asking if my assets can be legally protected under a prenup under the 90-day visa validity window prior to marriage. My intent is to sign the prenup and marry because that is what we discussed and agreed to. I'm not going to get into personal reasons here.

You cannot have anything in a prenup that would be contrary to the visa or contrary to the paperwork required for the green card that you will be getting for her after the marriage happens. You are sponsoring her to come to the US via the K1 visa, and that requires that you provide support to her so that she does not need public assistance. If you divorce, you will still be on the hook for that support. That is a promise that you make to the federal government, not a matter between you and your fiancée/wife.

It will be critical that she get the green card so that she can be employed. If she is employed, there is less chance that she would require the support indicated under the sponsorship. Again, it will be critical that the prenup not contradict anything that will be part of the immigration process.

 

[FlyingRon]

Actually, the K-1 is only a 90 day, non-immigrant visa. While there is a promise of support, it ends relatively quickly. Now if they do marry and she applies for permanent resident status, then there's a more ongoing support requirement.

 

[Just Blue]

When one is posting in the divorce forum BEFORE they actually get married....that should be a red flag for the OP. Jus' sayin'.

 

[stealth2]

that should be a red flag for the OP.

Or, really, OP's fiancee...

 

[not2cleverRed]

Actually, the K-1 is only a 90 day, non-immigrant visa. While there is a promise of support, it ends relatively quickly. Now if they do marry and she applies for permanent resident status, then there's a more ongoing support requirement.

She won't have to get him to sponsor her for a greencard. Anyone posting in the Divorce section before getting married, wanting know if the prenup will hold, seems a little controlling. So I would expect more paperwork before she "earns" his trust enough for him to sponsor her.

He's already providing the foundation of what could be used to argue emotional abuse for a VAWA case.

 

[Faja1986]

You cannot have anything in a prenup that would be contrary to the visa or contrary to the paperwork required for the green card that you will be getting for her after the marriage happens. You are sponsoring her to come to the US via the K1 visa, and that requires that you provide support to her so that she does not need public assistance. If you divorce, you will still be on the hook for that support. That is a promise that you make to the federal government, not a matter between you and your fiancée/wife.

It will be critical that she get the green card so that she can be employed. If she is employed, there is less chance that she would require the support indicated under the sponsorship. Again, it will be critical that the prenup not contradict anything that will be part of the immigration process.

Thanks. I've already taken that under consideration. My mediated prenup will be built around the i-864 affidavit of support along with additional benefits to the foreign fiancee to address her concerns as well as mine. We'll each have our own attorney to review the mediated prenup afterwards.

 

[Faja1986]

When one is posting in the divorce forum BEFORE they actually get married....that should be a red flag for the OP. Jus' sayin'.

No idea what OP means. I posted in the divorce section because I wanted to hear from those who had gone through divorce settlements with this situation. I certainly don't want to spend $7500 to establish a prenup that isn't going to hold up in court later. Some states have more progressive divorce laws than others. I want to ensure that my prenup can uphold the progressive laws no matter where I move. I move constantly for my work.

 

[Faja1986]

Again, the "prenup" is not affected by the K-1, however, the K-1 might very well be affected by your prenup insistance. I would suggest if you are going to insist on this as a condition of marriage, that you get it signed BEFORE you apply for the visa.

Unfortunately due to personal circumstances, I wasn't able to get the prenup signed prior to visa filling.

 

[FlyingRon]

Then you risk action against you for immigration fraud.
Your "personal circumstances" do not trump the law.