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Premariage

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A

antonio

Guest
Hello everyone,
My question is very simple.I'm an Italian citizenship, living in California & i do have a lawful touristic visa and I'm getting married soon.
My question is how should i behave to protect my self in case of divorce(Is there anything to prevent before signing a marriage contract?)
Thank you so much for answering the soonest.
Best regards.
B.ANTONIO
 


L

LegalBeagle

Senior Member
antonio said:
Hello everyone,
My question is very simple.I'm an Italian citizenship, living in California & i do have a lawful touristic visa and I'm getting married soon.
My question is how should i behave to protect my self in case of divorce(Is there anything to prevent before signing a marriage contract?)
Thank you so much for answering the soonest.
Best regards.
B.ANTONIO
Click to expand...
First of all, what you are doing is committing Visa Fraud in the true legal definition of the INS. Many attorneys and even the INS may tell you differently as they are a little relaxed about getting married on a tourist visa. It means, that in 2 years time when you have your Adjustment of Status interview, you will be grilled on the validity of the marriage.

Anyway, to answer your question. No, there is nothing you can do. You are solely at him mercy and if he should decide to divorce you before the AOS interview, chances are you are on the next plane back to Italy. After 2 years, your chances of remaining in the US after divorce increase with years.

So, before you up and move your entire life to the US, make sure you are a) doing the right thing, b) are not 100% dependant on him and c) have some money somewhere to bail you out if things go bad.
 
A

antonio

Guest
Hello again,
With reference to my bellow written mail, i'm a bit curious to know what are the chances to succeed on this matter, knowing that this is an onest and true marriage.
 
L

LegalBeagle

Senior Member
antonio said:
Hello again,
With reference to my bellow written mail, i'm a bit curious to know what are the chances to succeed on this matter, knowing that this is an onest and true marriage.
Click to expand...
Unfortunately your chances are good providing that in 18-24 months time you can prove you have a good equal marriage. I say unfortunately because I disagree with this approach as it is the biggest hole in the immigration laws. The K1 is the proper way to go.

Good luck.
 
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