Prenup before K1 Visa marriage?

[melanie44 2]

what are your thoughts about having a pre nuptial agreement before the k1 marriage? 

[payxibka 10,045]

21 minutes ago, melanie44 said:

what are your thoughts about having a pre nuptial agreement before the k1 marriage? 

Ots a personal decision 

[Dashinka 24,492]

I agree, it is a personal choice.

[JeanneAdil 6,498]

Why when you are still bound to the Affidavit of support?

the following is stated in instructions of I 864 and I 134

 

NOTE: Even if one or more Form I-864s are submitted for an intending immigrant, the petitioning sponsor remains legally accountable for the financial support of the sponsored immigrant along with the joint sponsors. 

 

If i was an immigrant and USC bought me here and then dumped me,  he'd find himself in court to finance my life.

This system can be used if immigrant refuses to work or apply for citizenship 

[mushroomspore 3,044]

45 minutes ago, melanie44 said:

what are your thoughts about having a pre nuptial agreement before the k1 marriage? 

Personal decision that has no effect or consequence on the immigration stuff.

[Crazy Cat 41,845]

57 minutes ago, melanie44 said:

what are your thoughts about having a pre nuptial agreement before the k1 marriage? 

Personal choice.  It has no effect on immigration or the obligations after signing an I-864.

Edited March 3, 2021 by Lucky Cat

[payxibka 10,045]

34 minutes ago, JeanneAdil said:

Why when you are still bound to the Affidavit of support?

the following is stated in instructions of I 864 and I 134

 

NOTE: Even if one or more Form I-864s are submitted for an intending immigrant, the petitioning sponsor remains legally accountable for the financial support of the sponsored immigrant along with the joint sponsors. 

 

If i was an immigrant and USC bought me here and then dumped me,  he'd find himself in court to finance my life.

This system can be used if immigrant refuses to work or apply for citizenship 

Too funny.  "bought" me here.

 

A pre-nup covers substantially more than what an affidavit does, including but not limited to pre-marital property. 

[ThomasNC1988 762]

I would consider how shaky a contract is if it is signed under duress before I would bother with one. If you say hey sign this contract or you will be deported that is pretty clear duress. Better plan would be to have it signed before the impending immigrant changes anything about their life I.E. quitting a job or selling a house in their home country.

[Duke & Marie 1,389]

3 hours ago, melanie44 said:

what are your thoughts about having a pre nuptial agreement before the k1 marriage? 

Personal choice, really depends on your current financial status and what you think you have to lose if things don’t work out... if your concerned about pre-marital properties I’d first check what sort of state your in to see if one is needed or not... you know the whole community state thing or whatever it is the US has going on here.. 

 

personally I think I would have been offended if my hubby had of mentioned one to me before marriage. The whole splitting up thing before the marriage, or putting the cart before the horse doesn’t sit well with me.. but hey my hubbies not Brad Pitt either with millions in the bank and who knows, it might have worked out better for me, really depends on who brings more to the table when these things are discussed.. 

 

additionally, as a immigrant I think it would have set off some major alarm bells for me, maybe I’m thinking too much into it but it would have felt like my man is saying, I want you to leave everyone behind, sell all your stuff and move here for me, but if it doesn’t work out what’s mine is mine and what was yours is lost, because you sold it all and deposited your money from the sale of your house back home into the new joint account post marriage and we’ve spent it or you only get 50% of what’s left.. I’d feel like I was going to get ripped off if that was the case... but that’s just me... like I said, personal choice 🤷‍♀️

Edited March 3, 2021 by Duke & Marie

[JeanneAdil 6,498]

3 hours ago, payxibka said:

Too funny.  "bought" me here.

 

A pre-nup covers substantially more than what an affidavit does, including but not limited to pre-marital property. 

it does but i always wondered why marry if you are already thinking of what happens when we divorce.  

[SteveInBostonI130 3,434]

A pre-nup is a personal choice and have no bearing on immigration.

 

It makes some sense, as evidenced here with several "my husband/wife left/dumped/divorce me" stories.  There is about an equal mix of USC's divorcing their immigrant spouse and vice-versa.   Marriage is a highly emotional decision.  Even if things are well thought out and the couple have spent a lot of time each other and are committed to each other, there are situations when feelings change or life events causes change.   If one party has significant financial assets, and state laws don't distinguish between pre-marital and post-marital items, then it makes sense to legally make such distinctions.  Sure a pre-nup will cool some emotions, but if it affects the couple to the point where one party feels hurt by it and not recognize the practicality, then perhaps the relationship wasn't built on something that would have lasted in the first place.

 

[Buckaroo 11]

You should ask an attorney this question if you have substantial assets. I asked mine and it turns out that in my state (TX), your assets/property acquired before the marriage remain yours in the event of divorce, but any appreciation of those assets can be considered community property.

[JonSeattle 202]

I signed one with my fiance because we want to eventually buy a place in the Philippines, and having a pre-nup is required there in order to be able lease land from a spouse, which is useful because of the prohibition of foreigners owning land in the Philippines. I don't know or care if it would stand up in divorce court, but it does seem like it checks the box I need. My fiance didn't like it, but I explained that it protects her from scammers who might otherwise see her as a target to exploit. 

[Limey 551]

56 minutes ago, JeanneAdil said:

it does but i always wondered why marry if you are already thinking of what happens when we divorce.  

I have health insurance to cover me if the worst happens. I'm not planning to get sick, but I'm insured just in case. People make wills even when they are young - not planning on dying young, but its good to be covered. I appreciate that people feel uneasy about pre-nups, and I didn't have one when I moved to the USA - perhaps I was a little reckless in that regard but fortunately things did work out. I trained as a lawyer in the UK and I'd see the results of people who didn't have pre-nups, spending fortunes fighting over things for years after they split. Many marriages do end in divorce - everyone thinks it won't happen to them, but to many it will. With everything I do in life (including moving to the USA) I think about what could go wrong, my wife laughs that my motto is "what's the worst that could happen" when I make big decisions. Sometimes you have to take that leap of faith in life, but I don't see anything wrong with considering the consequences of it not working out, and trying to mitigate those.

[mari04 100]

I would not waste time/money/trouble getting prenuptial agreement. The reason is that under the circumstances of K-1 it is unenforceable. I have seen this before on this website. The  problem is that if you divorce  (hopefully, not, but you are doing this for this specific circumstance), your fiancee (to be wife) can claim that she signed it under pressure while being on K-1 visa and in 99% cases this agreement will be disregarded by judge as the one entered under pressure. will not hurt but will not help on any way either, worst comes worst.