K-1 Visa with Prenup

[johnxman 0]

I am thinking of filing for a K-1 Visa for my girlfriend in Vietnam. The 90 day period would be a great final test before we get married. However, I have been a divorce that was finalized and would like to arrange a prenup for the marriage to protect my assets in case the marriage goes downhill. 

 

My questions are:
1) Can K-1 and a prenup be used together?

2) Are there any extra steps I need to be aware of?

3) What type of lawyer do you recommend for me to set up the prenup? 
4) Can I do the K-1 visa application by myself or do you recommend going to some time of lawyer to have that filled out as well?

5) We have met within the last 2 years in person. Is evidence of an engagement party required? We just have couple pictures together.

Edited December 10 by johnxman

[MalloryCat 208]

1. a prenup has no affect on the K-1 visa process. it is a personal choice if you choose to both sign one.

however if you do go this route, and you do get married, and apply for adjustment of status, you file an affidavit of support (form I-864) that makes you legally obligated to support the person you're sponsoring, prenup or not. 

from the I-864 instructions: 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. this lasts until the immigrant either: becomes a citizen, works 40 quarters in the US (usually 10 years), the person loses residency status (leaves US and gives up green card, etc), and a few other reasons.

 

2. a prenup is not something that gets submitted at any time during the I-129f process or K-1 process, so any steps toward getting one would be questions for a lawyer

 

3. A family law attorney or a prenuptial agreement attorney

 

4. if you believe you have a simple case (no criminal background on your part etc) then the I-129f/K-1 visa process is very DIY

 

5. no an engagement party is not required. that is purely a cultural thing. USCIS just wants to see that you've met in person at least once within 2 years of filing the I-129f petition. this is best done through flight itineraries, passport stamps, hotel bookings, photos together, etc.

 

[johnxman 0]

24 minutes ago, MalloryCat said:

1. a prenup has no affect on the K-1 visa process. it is a personal choice if you choose to both sign one.

however if you do go this route, and you do get married, and apply for adjustment of status, you file an affidavit of support (form I-864) that makes you legally obligated to support the person you're sponsoring, prenup or not. 

from the I-864 instructions: 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. this lasts until the immigrant either: becomes a citizen, works 40 quarters in the US (usually 10 years), the person loses residency status (leaves US and gives up green card, etc), and a few other reasons.

 

2. a prenup is not something that gets submitted at any time during the I-129f process or K-1 process, so any steps toward getting one would be questions for a lawyer

 

3. A family law attorney or a prenuptial agreement attorney

 

4. if you believe you have a simple case (no criminal background on your part etc) then the I-129f/K-1 visa process is very DIY

 

5. no an engagement party is not required. that is purely a cultural thing. USCIS just wants to see that you've met in person at least once within 2 years of filing the I-129f petition. this is best done through flight itineraries, passport stamps, hotel bookings, photos together, etc.

 

This is exactly the information I needed, thanks! I did not know about the form I-864. If the marriage goes downhill and 2 years down the line divorce happens, would I still be liable for supporting this person?

[Ontarkie 14,286]

28 minutes ago, johnxman said:

This is exactly the information I needed, thanks! I did not know about the form I-864. If the marriage goes downhill and 2 years down the line divorce happens, would I still be liable for supporting this person?

The short answer is yes and can be much longer like the rest of his or her life depending on work or not.

A prenup may also be tossed out of court if your fiancé does not have adequate representation or gets a good divorce lawyer who knows what he is doing.  

Edited December 10 by Ontarkie

[Boiler 45,715]

Yep you need to make sure she has proper US representation 

[OldUser 6,920]

5 hours ago, johnxman said:

The 90 day period would be a great final test before we get married.

This is not the intention of K-1 visa. The idea is that you know for sure you're marrying the person before sponsoring them for visa. 

 

People are not toys you can return to store within 90 day period. They're leaving their home, family, friends, jobs, everything they have to rely on you for some time until they can settle in new and totally different place which is USA.

It would be totally irresponsible and immoral to break somebody's life like this by betraying them in their most vulnerable moment.

 

Now, to the question...

 

Prenup does not waive your I-864 obligations to US government.

 

 

Edited December 11 by OldUser

[OldUser 6,920]

5 hours ago, johnxman said:

 

3) What type of lawyer do you recommend for me to set up the prenup? 

Family lawyer.

 

Yes, you can do paperwork for immigration yourself if you study carefully everything before starting the process.

 

The most important questions are:

 

1) Are you sure you can handle the costs associated with marrying somebody from overseas? This includes all sorts of immigration fees, general help with fitting in in society, affording flights and visits overseas through the course of your marriage as the other half will most likely want to visit home country

 

2) Are you sure you want to do the K-1 route which is lengthier and more expensive compared to CR-1 visa?

Edited December 11 by OldUser

[Bob in Boston 750]

It would depend on the assets your trying to protect. House, car , retirement etc etc. Some you can protect some you cannot. Prenups are really not bulletproof and is up to the judge to honor them. A family lawyer would be your friend here.

[johnxman 0]

10 hours ago, OldUser said:

This is not the intention of K-1 visa. The idea is that you know for sure you're marrying the person before sponsoring them for visa. 

 

People are not toys you can return to store within 90 day period. They're leaving their home, family, friends, jobs, everything they have to rely on you for some time until they can settle in new and totally different place which is USA.

It would be totally irresponsible and immoral to break somebody's life like this by betraying them in their most vulnerable moment.

 

Now, to the question...

 

Prenup does not waive your I-864 obligations to US government.

 

 

Thanks I understand and it's not my intention. Since the relationship is mostly long distance with some short visits, I just meant a longer time living together would be good to have since living together is different from just dating and short visits.

[mam521 2,106]

45 minutes ago, johnxman said:

Thanks I understand and it's not my intention. Since the relationship is mostly long distance with some short visits, I just meant a longer time living together would be good to have since living together is different from just dating and short visits.

Yup, @OldUser knows this.  But, you have to remember the original processing time on K1's was very short and the intent was you KNEW you wanted to marry that person, not do a living together trial.  It's only in more recent history that it takes so long for a K1.  So, please give some real consideration to what was stated.  You are asking your partner to give up a LOT so there's definitely a lot of grace required.  

 

Additionally, consider CR1 vs K1.  CR1 awards a lot more flexibility and freedom over a K1 for the beneficiary.  It's definitely worth the consideration.  

[johnxman 0]

2 minutes ago, mam521 said:

Yup, @OldUser knows this.  But, you have to remember the original processing time on K1's was very short and the intent was you KNEW you wanted to marry that person, not do a living together trial.  It's only in more recent history that it takes so long for a K1.  So, please give some real consideration to what was stated.  You are asking your partner to give up a LOT so there's definitely a lot of grace required.  

 

Additionally, consider CR1 vs K1.  CR1 awards a lot more flexibility and freedom over a K1 for the beneficiary.  It's definitely worth the consideration.  

Thanks for the insight. Can the cr1 be used with a prenup as well?

[MalloryCat 208]

a prenup would not affect a CR1 either

 

as you get married before filing for the visa at all

 

 

[DELTAFOXTROT 64]

Speaking as a Professional

 

Have your fiance get representation in the USA before she signs the prenup, some states will throw out the prenup if she didn't get seperate represntation

 

After marriage you can also do a post nup if you acquire more assets

 

Due you due diligence on lawyers, just don't hire any lawyer get on that specializes in family/prenups.

 

Good Luck.

[johnxman 0]

6 minutes ago, DELTAFOXTROT said:

Speaking as a Professional

 

Have your fiance get representation in the USA before she signs the prenup, some states will throw out the prenup if she didn't get seperate represntation

 

After marriage you can also do a post nup if you acquire more assets

 

Due you due diligence on lawyers, just don't hire any lawyer get on that specializes in family/prenups.

 

Good Luck.

Can you elaborate on "separate representation? Her English is poor so I assume at least it needs to be translated.

Edited December 11 by johnxman

[Boiler 45,715]

2 minutes ago, johnxman said:

Can you elaborate on "separate representation? Her English is poor so I assume at least it needs to be translated.

US Lawyer hopefully bilingual