I-130 and Prenup

[greentom 0]

I filed for both I-129 and I-130 and and waiting for our interview.

I believe I had misunderstood the procedure and I'm getting worried. Once we get approved I had understood we had 90 days to get married in the USA.

Within those 90 days I planned on going to a lawyer and getting a prenup drawn up and signed. Pretty much we just want to keep assets separate.

We have already gotten married over seas, she's in agreement with the prenup but we did not sign it before the overseas wedding (we're waiting to come back to the states). Is it still okay to get the prenup after we get back to the states? Or perhaps draw it up now and and bring it with us to the interview?

[Pheebs1201 269]

You cannot apply for a K1 visa if you are already married so the I-129 petition would be invalid.

There isn't a 90 day window to get married with a CR-1 because you are already married when you file this petition.

[Transborderwife 4,666]

You cannot have a prenup as you're already married. It'd be a post nup. Nor can you get a k1. Cr1 is now your route.

[UnaMexicana 153]

You better check under which laws did you marry. You already entered a contract with your now spouse (marriage is a contract), so a post nup is what you would be looking at... if there is such a thing.

On that matter, my best advice is to consult with a lawyer.

Now, for information on the process of i130 and i129, check this link:

http://travel.state.gov/content/visas/english/immigrate/types/family/fiance.html

And for specifics on the i129 for a spouse, which DOES exist (eventhough it is usually closed because both are approved at the same time), read here:

http://travel.state.gov/content/visas/english/immigrate/types/family/spouse-citizen.html

UnaMexicana

[NikLR 13,227]

~~moved to K3 process and procedures as OP is already married and has started the process for a k3 visa.~~

[Penguin_ie 5,993]

You are already married, so no need for a second wedding in the USA (you can have a party of course).

You can do a post-nup, should not be a problem if both parties agree.