K-1 Visa with Prenup

[PGA 251]

39 minutes ago, DELTAFOXTROT said:

I have never heard of this being enforced

 

Do you have any proof it has ever been enforced?

There are actually lawyers who specialize in enforcing the I-864 sponsorship agreements on behalf of the immigrant as well as lawyers who specialize in defending the sponsor and they all advertise as such, so I am assuming it actually goes to courts all throughout the country way more than we may realize or want to believe. 

[JeanneAdil 6,570]

i took 5 trips and spent 2 - 1 month trips, 1- 2 months,trips and 2-3 month trips

 

If u need 90 days to get to know her well, take a leave of absence from work and go to her country for 3 months /be sure ,  be safe and don't be sorry

Get to know her and give her time to get to know u 

U r both real people /  don't hurt her or yourself

 

Pre nups are for people already thinking to divorce 

In most states Pre nups protect assets u acquired prior to marriage / those acquired after marriage are joint

 

Seems you are making a mountain out of a molehill.

 

On a K1 she can't work to make her own money,  she knows little about the US and culture is so important

From so many posts on here many are homesick

Her English is not good /  are u prepared to interpret and explain everything

 

Are u also prepared for the gifts and money she'll want to send home to family?  That's another big issue mentioned on VJ

 

and no, u can petition on your own/  lawyer not needed to do the work but u should do a consultation in your state to know about pre nups (when marrying a foreigner) and the divorce laws especially if your state is "a community property state"

[Boiler 45,712]

Pre Nup and I 864 are separate issues

[Boiler 45,712]

4 minutes ago, DELTAFOXTROT said:

So your answer is no you yave never seen it enforced.

 

 

Plenty of examples of it being enforced by a divorce court

[DELTAFOXTROT 64]

51 minutes ago, johnxman said:

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

In that case:

 

I would get her a US Lawyer that speaks her language and probably have them do the prenup in English and one in her language.

 

Your Lawyer draw up PreNup.

 

Seperate Representation means you have your lawyer, she has her own lawyer to advise her.

 

 

[Ontarkie 14,286]

~~All post derailing the thread have been removed. If you would like to get into the law or enforcement of the AOS start a new thread in the proper forum or search the forum for existing threads on just how enforcement has happened. Any further derailment will result in admin action.~~

[W199 343]

If you have a substantial difference in assets from your spouse, own a business, etc..  then a prenup is a very wise choice these days since the divorce rate is so high.  It can protect all your acquired savings and retirement accounts. It can also make decisions on how maritial assets are split up.  But the latter is weak and can be hard to enforce if its not done by a very good lawyer.

 

If you want to do a prenup, then a CR-1 is a bad choice unless you want to delay your marriage by a few months.   A prenup needs to be done without any pressure, well in advance of a marriage, where the people signing it are under no social or financial, or emotional stress or any other thing that could be claimed as under "pressure:  otherwise it can easily be challenged. She should agree to the terms before she comes to the USA, so is not under any pressure to sign it with the threat of being sent back home.  If your marriage goes sour, your financee with the help of her lawyer will make lots of challenges on her forced, enticed, or coerced her to sign it so it needs to be rock solid.  Likewise if her English is not perfect, she will claim at the time of divoce she didn't understand it, so you need to have it translated and get a translator for when she speaks to her lawyer.  I mean you don't have to do any of this. She doesn't even need a lawyer, but if not, the prenup will very easily be challenged and thrown out.

 

You can present her with a few lawyers to choose from if she asks you for help to find a layer, but she must be the one to choose her lawyer, or else the prenup can easily be challenged. She needs full and fair representation that is not biased in any way.   And a good lawyer won't accept payment from you for her sine that could make her lawyer seem biased and weaken the prenup. 

 

It will be hard to fine a good family lawyer that will want to deal with the complications of a foreign fiancee.  They will be concerned that the prenup could be easily challenged, difficulties in managing the signing, and getting her foreign attorney to sign off.   What I did was to have it all done and approved well before my fiancee came to the USA. her usa attorney reviewed it and negotiated the terms with her by email and zoom.  Then when she came, she met with her attonery to do the signing. You really need her attorney to sign off on it for the prenup to have stength. Then we put it away, and neve spoke of it again.