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figsybigsy

Prenuptial Agreements II CautionNot for the Idealistic)

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Filed: AOS (pnd) Country: Rwanda
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I would like to get peoples ideas on prenuptial agreements with foriegn spouses. Has anyone discussed this with their fiancee? Also, is it such a crazy idea?


NOA 1 Aug 12, 2005

RFE Email Nov 7. 2005

NOA 2 Nov 29, 2005 No update on website no email.

Clear <!--WORD2URL-01--><!--END WORD2URL-01-->NVC<!--WORD2URL-02--><!--END WORD2URL-02--> December 9, 2005

Interview first week March

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Filed: AOS (apr) Country: Russia
Timeline
I would like to get peoples ideas on prenuptial agreements with foriegn spouses. Has anyone discussed this with their fiancee? Also, is it such a crazy idea?

I don't think its a crazy idea at all. Do what feels right for you. I suppose all situations can be different.


K1 Visa Process long ago and far away...

02/09/06 - NOA1 date

12/17/06 - Married!

AOS Process a fading memory...

01/31/07 - Mailed AOS/EAD package for Olga and Anya

06/01/07 - Green card arrived in mail

Removing Conditions

03/02/09 - Mailed I-751 package (CSC)

03/06/09 - Check cashed

03/10/09 - Recieved Olga's NOA1

03/28/09 - Olga did biometrics

05/11/09 - Anya recieved NOA1 (took a call to USCIS to take care of it, oddly, they were helpful)

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Filed: K-1 Visa Country: Russia
Timeline

I do not think it is a crazy idea. I have been through a divorce in South Carolina and this state is the worst in the USA for divorce for a man with just a reasonable amount of assets. I have to pay for my ex to sit on her ### and do nothing while she has about $1 million in assets and I still have to pay her $710 a month in alimony. I must work to pay this alimony and to pay her half of all the assets that I contributed much more than 50%. It is a crime. The State of South Carolina thinks women are stupid and can not be accountable for themselfs. Very ancient thinking and laws. But it keeps the lawyers in a very good standard of living.

I would liike to have a prenup but I also do not want to turn off my fiance in the process. It is a delicate matter.

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It's such a personal thing. I have thought long and hard about it and have decided against it. I have talked to a few attorneys and they both told me that even with a prenup I could still run into trouble if I was the one who got him an attorney.....or my attorney got him an attorney.....or I had one of my friends or family get him an attorney.

I'm gonna throw "caution to the wind" and get married without it and hopefully live happily ever after.....and if it all blows up in my face, I'll be the one paying for it later :huh:


JAMA0001.GIFMindy & Roy

06/08/05 -- I-129f Sent to Nebraska

08/30/05 - Approved

12/02/05 - Interview in Kingston

01/13/06 - Roy flies to Chicago

03/03/06 - Married

03/29/06 - EAD/AOS Sent

06/06/06 - EAD Approved

07/11/06 - AOS Approved - w/o interview

07/17/06 - GC Received....

I-751 - Lifting Conditions

04/01/08 - Sent to Nebraska

04/03/08 - NOA1 Notice Date -- Trans to California

04/14/08 - Received NOA1 in mail

04/14/08 - Check cleared bank

04/24/08 - Biometrics letter received

05/02/08 - Biometrics scheduled

10/10/08 - Card Ordered

10/16/08 - Card received -- DONE!!!

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Starting this up again figsy? (Good luck getting straight answers!!!)

I said it before, and I'll say it once more..... CYA!!!

You have business interests and assets that you stand (and your partners too potentially) to lose should "love not conquer all." And let's be real, sometimes that happens. Everyone here on VJ is so blissfully in love that they forget sometimes folks do get divorced, and in the US, divorce means getting your pants pulled down financially. Don't let that happen. You've had several threads on this issue, so that tells me you really want one and know you should get one. You don't need us on here to make you feel better about it by agreeing with you, cause know what, if you get divorced and get back on here like "Divorce sucks, didn't get a prenup so the ex-wife took all my money!" We'd all be the first ones to agree with you. If you know you need one..... GET IT!!!


Русский форум член.

Ensure your beneficiary makes and brings with them to the States a copy of the DS-3025 (vaccination form)

If the government is going to force me to exercise my "right" to health care, then they better start requiring people to exercise their Right to Bear Arms. - "Where's my public option rifle?"

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We did one up and could not be happier... now. But what getting it down was a huge test of our relationship and resulted in the biggest argument yet. After dealing with 3 lawyers it got pretty ugly.... now I know why divorces get really ugly. My husband consulted with his lawyer, I first consulted with a Canadian lawyer and then was advised by him to consult with an American lawyer. So had to see an American one also. My suggestion is for both of you to sit down and make a list of what is important and what you both want out of the prenup and make sure that all the lawyers are clear with your wishes because when you get in their office for a consult they will turn into blood suckers. I felt so stupid and like my husband was out to screw me by the time I had left the first lawyers office.

But now it's done and we are very happy that we don't have to think about it - until we start to draft our wills - which should be another great experience at the lawyers office.

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Lawyers are so helpful!

Helpful to take your money!!!


Русский форум член.

Ensure your beneficiary makes and brings with them to the States a copy of the DS-3025 (vaccination form)

If the government is going to force me to exercise my "right" to health care, then they better start requiring people to exercise their Right to Bear Arms. - "Where's my public option rifle?"

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Filed: AOS (apr) Country: Brazil
Timeline

If you are bringing a K1 fiance or K3 spouse immigrant to the U.S. I strongly recommend that you do not dismiss the idea of a prenup, if you own a home, have other assets, and most definitely if you have heirs.

I learned the hard way. I brought my wife to the US. Before we married she assured me that she would not want anything financially if things did not work out. She even said that she would return to her country. However when the marriage did not work she expected part of the value of my house, part of my retirement, part of my investments etc. In my state assets aquired before the marriage remain with that spouse, so I was protected. However, coming from a country that is not litigeous, and not trusting her own "American" lawyer, and a fair amount of greed or whatever, $8000 was spent by me in legal fees before she understood that she was not going to get any of these assets. She got a car that we purchased and she gets maintenances for awhile because her income is lower than mine. And this was maintenance that I was prepared to give her if we kept lawyers out of it. All of this on a marriage that did not even last 2 years.

With a prenup, all of this could have been worked out ahead of time and my non-retirement investments could have been protected, with a few hundred dollars spent on a prenup.

Romance, love... all fine. But marriage is a contract, subject to division of assets. Why not protect both parties.

With my fiance, we will have a pre nup that will also protect her. If things go south, she will know that she will have maintenance, moving expense etc, and predetermined divison of assets that will be fair based upon how long we are together. After several years the prenup will go away.

I am crazy about my fiance, but I am realistic.

Bill


Feb. 2005 - Met in Brazil the first time

May. 2005 - Visited Brazil

Aug. 2005 - Visited Brazil

10/30/05 - Mailed I129F

11/09/05 - NOA1

Nov. 2005 - Visited my fiance in Brazil

02/02/06 - NOA2

Feb. 2006 - Visited my fiance in Brazil

02/24/06 - Packet received at NVC

03/20/06 - Fiance received packet 3 from consulate

04/26/06 - Fiance received appointment letter

05/09/06 - I flew to Rio

5/10/06 - Met fiance at airport

5/11/06 - Medical exam in Rio

05/12/06 - Interview in Rio - APPROVED!!!!

05/17/06 - Received visa in Rio

07/20/06 - POE Miami

10/16/06 - Married!!!!

01/10/07 - Sent AOS and EAD application

01/17/07 - NOA - Receipt

02/02/07 - Biometric appointment

02/09/07 - NOA - Transfer of case to California center

03/22/07 - EAD approved

05/10/07 - AOS approved!!!!

Eulalia and Bill

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Filed: Citizen (apr) Country: Brazil
Timeline
Just a question:

How do you discuss this issue with a fiance/fiancee whose English is not perfect? Since it's really hard to understand what is written in a contract.

get the help of an interpreter. Easy.




* K1 Timeline *
* 04/07/06: I-129F Sent to NSC
* 10/02/06: Interview date - APPROVED!
* 10/10/06: POE Houston
* 11/25/06: Wedding day!!!

* AOS/EAD/AP Timeline *
*01/05/07: AOS/EAD/AP sent
*02/19/08: AOS approved
*02/27/08: Permanent Resident Card received

* LOC Timeline *
*12/31/09: Applied Lifting of Condition
*01/04/10: NOA
*02/12/10: Biometrics
*03/03/10: LOC approved
*03/11/10: 10 years green card received

* Naturalization Timeline *
*12/17/10: package sent
*12/29/10: NOA date
*01/19/11: biometrics
*04/12/11: interview
*04/15/11: approval letter
*05/13/11: Oath Ceremony - Officially done with Immigration.

Complete Timeline

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Filed: K-3 Visa Country: Russia
Timeline
Just a question:

How do you discuss this issue with a fiance/fiancee whose English is not perfect? Since it's really hard to understand what is written in a contract.

They understand "prenuptial agreements" in Russia too!

I think that if anyone is thinking very much about getting a prenuptial agreement, then they should get one. Do what you think is right.

Maybe one person does not really understand why their mate would want to have a prenuptial agreement. Well... help educate him or her on the matter. By the way, it is for protection. Marital bliss simply does not continue for everyone. And if you are truly soul mates, the act of signing a prenuptial agreement should be no problem.

I admit I did not think much at all about a prenuptial agreement, and yet I have assets that could be lost in the event of a divorce. However, for me such a contract would not be comfortable. I live my life with strong convictions; and, idealistically, everything I do, I do for us.


from Andrew

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If you decide on a Pre-nup, you may want to have it prepared in the US. Then, send it to your fiancee and have them get it translated and certified. They should then get their own lawyer to explain it to them what it contains along with someone with a video camera taping the discussion. If they understands it and agrees to it and signs it, then you may have a solid Pre-nup agreement. They could not argue that they did not understand or you made her sign it.

Just my thoughts. Good luck in your decision.


Russian Fiancee - Moscow Embassy

1/27/06 Mailed I-129F to TSC and forwarded to CSC for K-1 & K-2 Visa

2/1/06 CSC received I-129F

2/7/06 Received NOA1 TSC

4/14/06 I-129F Approved

4/25/06 Received NOA2 TSC

5/12/06 Received at NVC

5/18/06 Mailed to US Embassy, Moscow

8/9/06 Physical Exams for K-1 & K-2

8/11/06 Interview Scheduled

8/11/06 VISA APPROVED

8/17/06 Visa Received

9/12/06 Flight from SVO

12/09/06 MARRIED

2/16/07 Mailed AOS, EAD, and AP

3/15/07 Biometrics scheduled (Had to Re-schedule)

3/22/07 Biometrics completed for K-1 & K-2

4/11/07 Received phone call from USCIS, Interview Scheduled, FBI check completed

4/16/07 AOS Interview, passed pending I-693A

4/16/07 Civil Surgeon completed I-693A, I-693A submitted to USCIS office

4/18/07 Notice mailed welcoming New Permanent Resident

4/19/07 Card production ordered for K-1 & K-2

4/25/07 2 Year Green Card Received dated 4/17/07

1/21/09 Mailed I-751 to VSC for K-1 & K-2

1/24/09 VSC Received I-751

1/31/09 I-797C, Notice of Action Received for Wife

2/20/09 Biometrics Letter Received for Wife, Appt 3/2/09 Completed

2/20/09 I-797C, Notice of Action Received for Step-daughter

2/24/09 Biometrics Letter Received for Step-daughter Appt 3/10/09 Completed

3/2/09 Mailed Wife's Passport to Houston for Renewal - Received 6/5/09

9/15/09 Interview at New Orleans Field Office

1/19/10 Eligible to file N-400 for Citizenship

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Filed: K-1 Visa Country: Russia
Timeline
If you decide on a Pre-nup, you may want to have it prepared in the US. Then, send it to your fiancee and have them get it translated and certified. They should then get their own lawyer to explain it to them what it contains along with someone with a video camera taping the discussion. If they understands it and agrees to it and signs it, then you may have a solid Pre-nup agreement. They could not argue that they did not understand or you made her sign it.

Just my thoughts. Good luck in your decision.

As I am underdstaning your suggestion John, you are saying have it explained to her and signed in Russia? If that is what you mean they could come back on you because the party in Russia would not have been familer with US laws.

One of the thoughts I had was to discuss the need for a pre-nup in e-mails before you start the K-1 process. That would eliminate the duress arguement. You could keep a copy of the e-mails and that way she would have come to America aware and having agreed in prinicpal to a pre-nup.

There is a really good book you can get on Amazon. The title of it is "write your own pre-nup" I am not suggesting you write your own but a lot of the lawyers don't know didly about one and you can go in with a fair amount of expertise and make sure all the bases are covered.

You do need to have a lawyer for her and a good translator so she understands what is going on.


12/14/2006 Applied for K-1 with request for Waver for Multiple filings within 2 years.
Waiting - Waiting - Waiting
3/6 Called NVC file sent to Washington for "Administrative Review" Told to call back every few weeks. 7/6 Called NVC, A/R is finished, case on way to Moscow. YAHOO!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
7/13 On Friday the 13th we see updated Moscow website with our interview on 9/11 (Hope we are not supersticious) 9/11 Visa Approved. Yahoo.
10/12 Tickets for her to America. I am flying to JFK to meet her there. 12/15/07 We are married. One year and a day after filling original K-1
12/27 Filed for AOS, EAD & AP 1/3 Received all three NOA-1's 1/22 Biometrics 2/27 EAD & AP received 4/12 Interview
5/19/08 RFE for physical that she should not have needed. 5/28 New physical ($ 250.00 wasted) 6/23 Green Card received
4/22/10 Filed for Removal of Contitions. 6/25 10 Year Green Card received Nov, 2014 Citizenship ceremony. Our journey is complete.

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I think my pre-nup is going to work out the best....

"You can have half of my debt!"

And, since I have no assets, half of nothing is still nothing. Now what girl isn't going to want to marry me?


Русский форум член.

Ensure your beneficiary makes and brings with them to the States a copy of the DS-3025 (vaccination form)

If the government is going to force me to exercise my "right" to health care, then they better start requiring people to exercise their Right to Bear Arms. - "Where's my public option rifle?"

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Filed: AOS (pnd) Country: Russia
Timeline
If you decide on a Pre-nup, you may want to have it prepared in the US. Then, send it to your fiancee and have them get it translated and certified. They should then get their own lawyer to explain it to them what it contains along with someone with a video camera taping the discussion. If they understands it and agrees to it and signs it, then you may have a solid Pre-nup agreement. They could not argue that they did not understand or you made her sign it.

I like that part with camera! :lol::thumbs:

Edited by timelena

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