prenuptial agreement effect on removing conditional status green card interview

[hihihi 2]

Hello guys, I was just thinking if having prenuptial agreement will have negative impact while interviewing to remove conditional living status of green card (i'm not at that stage though). They will ask for joint bank statement, and joint names on real estate ownership and other stuffs but we don't share that according to the agreement so I was thinking to tell that to the interview officer because that is the reason we don't share properties together. what do you think guys? Will it affect my status to remove the conditional green card? Please share if you know about this kind of case

[seth2013 39]

It sounds like you might be one of those 'lucky' few that are chosen for an interview, since you don't seem to have much evidence in the way of joint assets. There are still some things you can (and should) show, such as joint living arrangements (they like to see DL/state ID's with same address), leases if you have them, and certainly affidavits in your case. Maybe you can show that utilities are sent the the same address, if you split them, even if only one name is on the account. Other things like trips together, itinerary's, boarding passes, pictures etc. And, of course, your taxes filed as married!

As for your question, you can explain your prenup if you'd like. They aren't uncommon so I don't think it would hurt your case.

Good luck on your ROC journey!

Edited September 24, 2014 by seth2013

[Ian H. 207]

Here's the thing, even though plenty of legitimate married couples have prenups, when it comes to immigration, they always want to find three legs on the cat.

Therefore, you have to have plenty of other proof as suggested above. You don't HAVE to have joint assets, what if you're poor and don't have bank accounts, property, etc?

That's why they also will accept proof that you share expenses and other things together. Such as you pay a few bills, your spouse pays a few bills. All of your bills and documents have the same address. You are listed as beneficiaries in each other's insurance policies, taxes if you file jointly.

Then there's proof of trips taken together, christmas cards or gifts or mail address to both of you, affidavits from family and friends, pictures with each other and with friends and family. There are so many things you can think of, just throw it all in there.

We don't have joint anything, because we don't own anything. Neither of us has a bank account and I'm not opening one just to prove a point. So I have all sorts of other things like bills, receipts, photos, affidavits, taxes, mail, paystubs, w2's, gifts, etc.

[hihihi 2]

Thanks for your info. We have opened joint account just for the utility payments recently and the prenup agreement is like we keep what we have now separately and future incomes or property owned separately as if the marriage did not existed and signed to have no inheritance right if my spouse die before me. So I want to know also if the type of the agreement matters too

[seth2013 39]

I don't think anyone can know for sure how the immigration officer you get will view your particular agreement. Your type of agreement may not be odd if your spouse has children that he/she would like to see inherit, but really anything I say is only a guess.

Just make sure you have plenty of other proof and you should be fine. The worst that would happen is that they'd ask you to come in for an interview, in which case you'd be able to answer any questions they had in person. Don't stress about it until that time comes.

[hihihi 2]

thank you very much yes my spouse has kids so it is not odd.

[Ian H. 207]

The fact that he has kids help explain the need for the prenup. This is one of the more common situations where people get prenups, to protect the rights of other family members. This would settle any disputes that would arise in the event where a spouse dies and lives a widow with children. As long as you have sufficient other proof that you have a bona fide relationship, you should be fine.

[tuckin14 58]

I think in practice they will want to figure out whether the prenup protects legitimate rights, or whether it looks like an easy way to protect the USC spouse when the planned divorce happens once ROC is achieved.

Your ages and financial situations may matter. If both spouses are financially self-sufficient, it may be less of a red flag. And likewise, this is a more common situation for older people with children.

[hihihi 2]

I was working in my country with good income supporting myself and now I will start working once I get my green card and I'm going be self sufficient because i can get considerable amount of income with the degree i have so I can show them my income and that I can support myself. I think they will consider that.

[BahaDoc 4]

You do not have to disclose your prenup or include it as a part of the evidence to support your removal of conditions. Just have enough other solid evidence and it will be fine.

[hihihi 2]

ok. but from the informations i saw on the internet, the solid evidence is joint ownership on everything and i don't have solid evidence on that and that means i have to tell why, (at least that is what i imagined the officer asking) so that is why i raised the question

[hihihi 2]

I will start collecting those bona fide relationship evidence as much as I can. Thank you for guiding me guys