Spousal Visa - Protection of assets(merged)

[Jeanne Adil 1,651]

Read  and understand the terms of the I 864   the support agreement

 

Take out a life insurance policy to  give her an income if  something happens to you /you can't  expect  to marry a girl  and bring her here to the USA with no family and friends and not be prepared to care for her if something happens

you can prepare a prenup to protect the inheritance

 

but your post is so much about money and not love

you need to protect her as well as your kids if in the future you pass before her that is an obligation we all have when we marry

[rayman26 4]

2 minutes ago, adil-rafa said:

Read  and understand the terms of the I 864   the support agreement

 

Take out a life insurance policy to  give her an income if  something happens to you /you can't  expect  to marry a girl  and bring her here to the USA with no family and friends and not be prepared to care for her if something happens

you can prepare a prenup to protect the inheritance

 

but your post is so much about money and not love

you need to protect her as well as your kids if in the future you pass before her that is an obligation we all have when we marry

 

This is good advice, I will do so.

 

Yes, this is a post about money.  There are time for posts about love and a time for posts about fundamentals that we need to be aware of.  

[Jeanne Adil 1,651]

3 hours ago, rayman26 said:

 

This is good advice, I will do so.

 

Yes, this is a post about money.  There are time for posts about love and a time for posts about fundamentals that we need to be aware of.  

just be aware that immigration considers this to be  the time to talk about love /to prove  the relationship is real

to fill out the I134 or  I 184 to provide for her

if you do K1 for fiancee,  you will have to show combined assests (rent receipt  or her name on a deed,  combined bank account, among other assests)

this is so  she is taken care of by you and not ever on state funded assests

you will be the one responsible for her not welfare and medicaid 

 

you start talking about how to protect your assests to immigration,  kiss the visa goodbye

 

[Ontarkie 14,282]

6 minutes ago, adil-rafa said:

just be aware that immigration considers this to be  the time to talk about love /to prove  the relationship is real

to fill out the I134 or  I 184 to provide for her

if you do K1 for fiancee,  you will have to show combined assests (rent receipt  or her name on a deed,  combined bank account, among other assests)

this is so  she is taken care of by you and not ever on state funded assests

you will be the one responsible for her not welfare and medicaid 

 

you start talking about how to protect your assests to immigration,  kiss the visa goodbye

 

This is so wrong. Love is not a requirement for a visa or all arranged marriages would be out the window. 

When one has kids from a previous marriage money does come first. That is called being responsible. You can bet your last dollar that I had everything planned out for my kids before I married my USC husband. That doesn't mean I didn't love him with all my heart it just meant I was using my head and not my heart to protect my kids future. 

[Ontarkie 14,282]

~~Moved to Off Topic, from IR1/CR1 P&P - The OP is asking about protecting assets for his kids.~~ 

[Jeanne Adil 1,651]

21 hours ago, Ontarkie said:

This is so wrong. Love is not a requirement for a visa or all arranged marriages would be out the window. 

When one has kids from a previous marriage money does come first. That is called being responsible. You can bet your last dollar that I had everything planned out for my kids before I married my USC husband. That doesn't mean I didn't love him with all my heart it just meant I was using my head and not my heart to protect my kids future. 

i  protected my assests too as i wanted my boys to inherit 

but i  have  2 life insurance policies to make sure he is ok with any expenses  i leave behind

plus i  made sure he has driving license,  an education  and a job 

 

and if there is no love,  that is why we see so many asking about divorce and staying here and what forms do they need to file after a divorce

over and over we are told here the relationship has to be real and you have to prove that to immigration at interview

[Chris Duffy 1,257]

Get a pre nup and get a post nup as well,  

 

Make sure your fiancé and or wife goes and seeks legal advice from a separate lawyer and have her do it alone. I have been told a judge can and will throw out a pre nup if your fiancé / wife doesn't seek separate and individual legal advice.

 

Of course this can and will vary by state.

 

The guys I know whom have done the pre and post nups don't really worry about getting divorce and having their assets unfairly taken from them in a biased US Court  

[dentsflogged 352]

On 1/25/2019 at 2:25 PM, rayman26 said:

Wow, you guys have been exceptionally helpful, and it almost no time!

 

I think the best thing to do is to get married here in the USA, at least that way I can have some visibility into everything and not get surprised because my pre-nup I used in Vietnam doesn't hold up, etc.  

Yes, a meeting with an estate attorney is necessary.  

 

I haven't read the whole thread so if I'm repeating someone else, eh...   My dad was a cop and my aunt a lawyer - I come from a family of over-caution in regards to law. 

If you're going the prenup route and want it to be iron clad?

Get it NOW before talk of visas.  Your fiance should get her OWN attorney (not one paid for by you in any way) and be given a copy of the pre-nup in her own language for them to review - that way it can never be claimed that she wasn't given the paperwork in a language she reads well and understands, and she can't ever say she didn't have proper, non-biased legal council to help her understand things that might need clarity. 

Do NOT wait for her to get to the country to sign it because if things go wrong down the track, it's possible that she can argue that she signed it under duress ("I knew I'd have to go home if I didn't and I gave up my whole life there/quit my job/sold property etc and I'd have nothing") 

 

Also remember that (and a good lawyer should tell you this) no prenup on earth will save you from basic divorce laws. You cannot use a prenup to force her to accept anything less than the minimum that a divorce would otherwise grant - ie: a share of what you accrue together during marriage. 

 

 

[geowrian 22,337]

27 minutes ago, dentsflogged said:

Get it NOW before talk of visas.  Your fiance should get her OWN attorney (not one paid for by you in any way) and be given a copy of the pre-nup in her own language for them to review - that way it can never be claimed that she wasn't given the paperwork in a language she reads well and understands, and she can't ever say she didn't have proper, non-biased legal council to help her understand things that might need clarity. 

^^^This. Each party should have their own representation.

[rayman26 4]

Hello all,

 

Allow me to describe the situation before me.  I am engaged to a vietnamese woman who is currently pregnant with our child.   We have had a great relationship and the child is a welcome blessing for us.

 

I happen to have some assets and as we approach the reality of marriage and raising a child, there is the practical matter of understanding how those assets migrate through all possible outcomes.  Of course nobody wants a marriage to fail, but one has to be responsible about such things.

 

I've had a pre-nup drafted and am going to ask her to sign it when I visit Vietnam next month.  

 

If she objects to signing it, are there other ways to legally emmigrate both of them to the USA?  She very much wants to come here, and I very much want them both here.  However, as some of my assests are inherited they really are earmarked for my siblings (if I die soon) or would then be for my future child.  Under no scenario could they be made available to her extended family, unless our child chose to give it away after I'm gone.

 

I hope this doesn't sound heartless, and rest assured the instructions for the pre-nup provide for the comfort of all inolved, just not the transfer of my separate property. 

 

One idea is have the child, get the US passport, then petition as part of chain migration as the mother of the child?  I believe I've read the child must be 21 years old for that.  

 

I don't know of any good options but I am wanting her to come here but ber reaction to the prenup question will be a factor.   

 

 

[payxibka 10,045]

4 minutes ago, rayman26 said:

Hello all,

 

Allow me to describe the situation before me.  I am engaged to a vietnamese woman who is currently pregnant with our child.   We have had a great relationship and the child is a welcome blessing for us.

 

I happen to have some assets and as we approach the reality of marriage and raising a child, there is the practical matter of understanding how those assets migrate through all possible outcomes.  Of course nobody wants a marriage to fail, but one has to be responsible about such things.

 

I've had a pre-nup drafted and am going to ask her to sign it when I visit Vietnam next month.  

 

If she objects to signing it, are there other ways to legally emmigrate both of them to the USA?  She very much wants to come here, and I very much want them both here.  However, as some of my assests are inherited they really are earmarked for my siblings (if I die soon) or would then be for my future child.  Under no scenario could they be made available to her extended family, unless our child chose to give it away after I'm gone.

 

I hope this doesn't sound heartless, and rest assured the instructions for the pre-nup provide for the comfort of all inolved, just not the transfer of my separate property. 

 

One idea is have the child, get the US passport, then petition as part of chain migration as the mother of the child?  I believe I've read the child must be 21 years old for that.  

 

I don't know of any good options but I am wanting her to come here but ber reaction to the prenup question will be a factor.   

 

 

Family based petition are your only options 

[Unidentified 2,930]

I'd talk to a lawyer but according to quick google search it seems like an inheritance is considered separate and yours to do what you want with it as long as you don't co-mingle that money with your spouse. So I'd think a will that says that money goes to your spouse would be sufficient? Might depend on the state you live in too? 

 

https://info.legalzoom.com/share-inheritance-husband-21065.html

 

I have 0% knowledge of this but this is what I found thanks to google. Talk to a lawyer and see what they say. 

 

But when it comes to the immigration part... Family based petition is your only option if she doesn't want to sign it. I don't think you should read too much into it if she doesn't want to sign it. 

[Ben&Zian 4,398]

If a prenup won't be signed, you could always make a will and directly specify that those certain assets/items are only given for the child. If it's monetary also you could always "lock" them in a trust until the child reaches a certain age/adulthood.

[Ontarkie 14,282]

~~Moved to What Visa DO I Need, from K1 P&P - The OP is exploring his options.~~

 

 

Mod Hat off

A prenup in the way you want to go about will not be enforced at all. She needs her own attorney and that attorney will need to be fluent in US laws and be able to translate what is in the prenup. Just the way you worded it on here says sign it or no way will you come to the US. Can you see a US court siding with a threat like that? I'm not saying you would but see how fast it can be twisted. 

 

I encourage you to seek a financial planner, estate and trust expert. Inheritances can be protected but it must be done right. 

[mytruelove18 608]

16 minutes ago, rayman26 said:

Hello all,

 

Allow me to describe the situation before me.  I am engaged to a vietnamese woman who is currently pregnant with our child.   We have had a great relationship and the child is a welcome blessing for us.

 

I happen to have some assets and as we approach the reality of marriage and raising a child, there is the practical matter of understanding how those assets migrate through all possible outcomes.  Of course nobody wants a marriage to fail, but one has to be responsible about such things.

 

I've had a pre-nup drafted and am going to ask her to sign it when I visit Vietnam next month.  

 

If she objects to signing it, are there other ways to legally emmigrate both of them to the USA?  She very much wants to come here, and I very much want them both here.  However, as some of my assests are inherited they really are earmarked for my siblings (if I die soon) or would then be for my future child.  Under no scenario could they be made available to her extended family, unless our child chose to give it away after I'm gone.

 

I hope this doesn't sound heartless, and rest assured the instructions for the pre-nup provide for the comfort of all inolved, just not the transfer of my separate property. 

 

One idea is have the child, get the US passport, then petition as part of chain migration as the mother of the child?  I believe I've read the child must be 21 years old for that.  

 

I don't know of any good options but I am wanting her to come here but ber reaction to the prenup question will be a factor.   

 

 

You need make the pre-nup with an attorney in her country and on her language, in that way she can not say that she didnt know what she was signing.

Be safe in that part