k1 VISA Route to marriage and prenuptial agreements, costs, DIY,& and timing

[elkski 28]

I think this topic is K1 specific as people who are doing a CR1 are already married.

The timeline of the prenuptial agreement  is K1 timeline specific but if there is a better location for this argue on!

First off I must say I searched quite a bit and I didn't find anything newer than 5 years ago or more. 

This isn't a post about if a prenup has meaning on if you love someone or not. This is for people who have much different financial assets and have talked about this for years are have agreed to doing this and just need to execute the document.  

I believe this document should be completed  early on and signed a few times. So say do the first signing well before the interview date:

I understand both should have separate legal advisors of their choosing and document should be translated professionally into both native languages. This is true even if using DIY documents.

In many cases the US applicant has accumulated  more assets.

In many cases the beneficiary is quitting a job and vacating accommodations that may not be available upon return.

I envision the prenup giving both parties a feeling of security.  It will make sure there are no debts not revealed and just set a good starting course of action in case things don't work out...It is a big risk for a spouse to leave their life and career in their country   

I live in a state where assets before marriage are considered separate unless comingled. Assets such as houses, investment accounts, savings, 401K,  and such  are not joined due to marriage. So a prenup may actually benefit the beneficiary more than me .

  

 

 did contact Siam legal in Bangkok.  about this and got an email with a quote for 1000$ but no facts at all.  When I inquired as to what this may contain and how complicated of assets this covers I did not get a reply.

 

Anyone know a good DIY start?

Anyone know approximate costs in  US and Bangkok?

 

thanks 

[Mike E 11,739]

We did the prenup after she arrived in the USA.  And used lawyers from the state where we later married and lived.  
 

prenups are not DIY things.  In most cases, if the lower earning / lesser rich party signs a prenup without legal representation, the prenup can be tossed by a divorce court.  

Edited December 12, 2020 by Mike E

[elkski 28]

but if a person quits a job and leaves her accommodations and moves to USA and has 90 days to get married I think any good lawyer can get that prenup tossed out as being signed under duress.

Legal smeagle.. it really shouldn't be that hard to draft a document that lists all the assets and plans in case.  Maybe some time ladder of change.  The assets will already be listed as pat of the I-134

It would make me sad to spend more on legal fees than say a wedding ring or the dress. I am not a fan of lawyers. 

[Boiler 45,525]

1 hour ago, elkski said:

but if a person quits a job and leaves her accommodations and moves to USA and has 90 days to get married I think any good lawyer can get that prenup tossed out as being signed under duress.

Legal smeagle.. it really shouldn't be that hard to draft a document that lists all the assets and plans in case.  Maybe some time ladder of change.  The assets will already be listed as pat of the I-134

It would make me sad to spend more on legal fees than say a wedding ring or the dress. I am not a fan of lawyers. 

As presumably the support in obtaining the visa is dependent on agreeing to the prenup could not a good lawyer get the pre nup tossed out on this basis?

[laylalex 7,285]

Prenups are NOT DIY, as Mike E said. You can ream yourself accidentally if you do not know what you are doing. I live in a community property state, which is what I think you are saying you're in too. I have signed a prenup both times I got married, so what I say comes from my own experience but in California only.

 

Yes, in general what you bring to a marriage is your separate property, and in general what you acquire/earn during the marriage is community property. But if you want to deviate from that, you need to know how to structure the language to make sure it accurately reflects what you want. You need to make a full and fair disclosure of all your assets and liabilities (this came back to bite my ex on his rear end, big time, and my divorce not only took longer, I ended up with considerably more than anticipated -- the judge was NOT impressed). As others have said, enforceability can be an issue when it looks like one person -- particularly the one with less financial stability -- has been influenced into signing away rights. Then there is the language issue -- both parties need to understand completely what they are signing.  

 

If you want a prenup, you want it to be enforceable right? Don't cheap out. People hate spending money on lawyers, but you know when it's cheaper to spend money on a lawyer? Before you end up in a mess you really need a lawyer to dig you out of. A dress is for one day. Support payments are for a considerably longer time. 

[SalishSea 17,836]

8 hours ago, Boiler said:

As presumably the support in obtaining the visa is dependent on agreeing to the prenup could not a good lawyer get the pre nup tossed out on this basis?

Exactly.  The affidavit of support will stand, prenup or not.

[Unlockable 7,314]

***One post removed for posting external links.

 

VJ Moderation

 

 

[elkski 28]

I realize the affidavit of support still stands and being in a community state maybe a prenup does nothing for me. 

[HRQX 4,145]

1 hour ago, elkski said:

and being in a community state

In which state would you reside?

[elkski 28]

We plan to reside in Utah.. maybe  I don't know if it is a community state.  I have put off  contacting a lawyer again this week.

[Ontarkie 14,227]

~~Moved to Off Topic, from K1 P&P- as the topic is about a Prenup not visa processing.~~

[TBoneTX 45,309]

On 12/12/2020 at 5:31 PM, laylalex said:

Yes, in general what you bring to a marriage is your separate property, and in general what you acquire/earn during the marriage is community property. But if you want to deviate from that, you need to know how to structure the language to make sure it accurately reflects what you want. You need to make a full and fair disclosure of all your assets and liabilities (this came back to bite my ex on his rear end, big time, and my divorce not only took longer, I ended up with considerably more than anticipated -- the judge was NOT impressed). As others have said, enforceability can be an issue when it looks like one person -- particularly the one with less financial stability -- has been influenced into signing away rights. Then there is the language issue -- both parties need to understand completely what they are signing.  

 

If you want a prenup, you want it to be enforceable right? Don't cheap out. People hate spending money on lawyers, but you know when it's cheaper to spend money on a lawyer? Before you end up in a mess you really need a lawyer to dig you out of. A dress is for one day. Support payments are for a considerably longer time. 

The above merits enshrinement in the pantheon of All-Time VJ Posts.

 

Lawyers are for prenups and for estate documents (Wills, powers of attorney, the whole set of ancillary documents).  I was chatting with a lawyer just recently and said, "I bet that you make a fortune when someone dies without a Will."  She said, "Actually, not.  We make the most when people die with estate documents that they drafted themselves off the Internet or in other ways."

 

See a lawyer for the prenup, and attend to the language issue.

 

In addition, if you live in a community-property state, move to one that isn't.

[Ontarkie 14,227]

~~Eight posts removed as the thread has derailed from the OP.~~

[J+J 49]

On 12/12/2020 at 6:10 PM, Boiler said:

As presumably the support in obtaining the visa is dependent on agreeing to the prenup could not a good lawyer get the pre nup tossed out on this basis?

This is exactly our question as a couple considering a prenup for a K-1.  Can it even be considered reliable to stand up in court considering the circumstances of a K-1 visa in the first place?  

[Boiler 45,525]

5 minutes ago, J+J said:

This is exactly our question as a couple considering a prenup for a K-1.  Can it even be considered reliable to stand up in court considering the circumstances of a K-1 visa in the first place?  

Well it would be a very good argument for any decent Lawyer to use.