Anyone consider a pre-nuptual?

[Villanelle 4,122]

Posted Yesterday, 09:36 AM

I filed CR-1 for my wife, she came her 3 years ago in Jan 2010, had many problems with her. She left me and went back to her country without telling me or my family after 7 months she immigrated to the U.S in Aug 2010, I accepted her back after reconciliation in Nov 2010 and we did a post-nuptial agreement. She left me again in June 2012 and went back to her country after an argument, one month after she received her 10 year green card. She filed for divorce in Sept 2012. On her divorce declaration, she lied about not knowing any English, no finance (she had $10000 in her possession when she left in June 2012 which I gave her), that she was in force in duress without legal counsel to sign the post-nuptial agreement, where she was living. What can I do with USCIS to have her investigated for fraud in order to gain access to the U.S and now trying to gain finance from me during the time we married? Thank you

Kind of what I had in mind when I asked the originally question. Although We don't know the circumstances here, it is still exactly the kind of situation I would want to avoid.

Best of everything for this fellow and his wife!..I hope everything can work out. My most solemn wish's!!

Even if you have a pre-nup or a post-nuptial agreement one spouse can still dispute it in a divorce by claiming they didnt understand what they were signing (language issue) or they were forced to sign under duress. If you feel theres a chance that could happen (because youre spouse is bi-lingual) have the contract drafted in both languages or a statement in their native tongue where your spouse acknowledges that they read English and understands the contract. Your spouse may have a chance at having a post nuptial agreement thrown out claiming they were forced to sign under duress if it was signed after immigration paperwork was filed and they were in the US, they could claim they felt they were forced to sign it because if they didnt, you would terminate the marriage and their status would be affected- thats duress. Sign this or else consequences other then divorce/I wont be with you any more. (it would depend how the court looks at it) So a pre-nup is going to be stronger the a post-nup.

[kzielu 1,149]

Your post was intended to Cover your Butt and thats a fair question.

I'm going to agree with Gary. NO

You are doing a K-1 Visa Petition which means Marry in less than 90 days upon her arrival. OK.. Well, there must be a reason why you asked such a question.

Your Vows are going to be: To Love and to Cherrish til death do us part... Then, OH sign this paper first written by my Attorney.

The Pre-Nup must be read to her is her native laugauge in order to be enforceable. Otherwise, VOID.

Why throw a Steel Rod into the spokes before you even start.

I agree to the NO. My explaination is below.

Why ? Simple because out of 99% couples out there that say same beuatiful words before they more by average half of them divorce. You seem totally out of touch with reality...

More over - read how many people here a marrying again after being divorced. What do you think they thought when they were getting married first time ?

[Dr. Obvious 49]

We did it to make my nutball FIL happy, but it is no longer enforceable (sunset provision).

[AussieNemesis 16]

Wow @ some of the responses...

I and my US husband have a prenup. He asked for it before we were officially engaged, to protect my interests if things end up not working out.

There are no guarantees in life. This is a second marriage for both of us so perhaps we are older and wiser and have both been burnt before.

I had no problem with having a prenup. I don't think that sets a marriage up with failure in mind, it's more like an insurance policy that you hope you never have to use.