Prenup and affidavit of support

[phiandjen 0]

My fiance and I will soon marry and file for adjustment of status from his current J1 visa. We have decided it will be less complicated for us if we maintain separation of individual debts and assets acquired before and during the marriage and are in the process of writing up a prenup to that effect (we also have joint assets/debts, which of course will remain common property).

My question is whether separation of debts might somehow be in conflict with my role as financial sponsor of my fiance as outlined in the affidavit of support? Has anyone been in this situation?

It's sort of a nitty-gritty legal question, I know. We're meeting with a family lawyer soon but I don't know if they'll have immigration expertise.

Thanks to anyone who can help!

[nemu 0]

He could sponsor himself, provided his income satisfies federal requirements.

[elyjack 0]

My question is whether separation of debts might somehow be in conflict with my role as financial sponsor of my fiance as outlined in the affidavit of support? Has anyone been in this situation?

It's sort of a nitty-gritty legal question, I know. We're meeting with a family lawyer soon but I don't know if they'll have immigration expertise.

Your role as financial sponsor means you will get the bill if the person(s) you are sponsoring ever become a "public charge". If you're pre-nuptial is trying to disclaim against that then this is obviously a conflict with the intent of sponsorship. I'm no lawyer but I'm pretty sure it wouldn't work either. I'm quite certain the U.S. law and the signed affidavit of the I-864 will render any such provision in a pre-nuptial agreement null and void.

Having said that, I don't know why anybody at USCIS needs to know about your pre-nuptial agreement. I don't know of any place on the forms that ask any such questions so I wouldn't even mention it. I can't see how it's any of their business as long as you meet the sponsorship and relationship requirements.