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prenuptial agreement effect on removing conditional status green card interview

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Hello guys, I was just thinking if having prenuptial agreement will have negative impact while interviewing to remove conditional living status of green card (i'm not at that stage though). They will ask for joint bank statement, and joint names on real estate ownership and other stuffs but we don't share that according to the agreement so I was thinking to tell that to the interview officer because that is the reason we don't share properties together. what do you think guys? Will it affect my status to remove the conditional green card? Please share if you know about this kind of case

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It sounds like you might be one of those 'lucky' few that are chosen for an interview, since you don't seem to have much evidence in the way of joint assets. There are still some things you can (and should) show, such as joint living arrangements (they like to see DL/state ID's with same address), leases if you have them, and certainly affidavits in your case. Maybe you can show that utilities are sent the the same address, if you split them, even if only one name is on the account. Other things like trips together, itinerary's, boarding passes, pictures etc. And, of course, your taxes filed as married!

As for your question, you can explain your prenup if you'd like. They aren't uncommon so I don't think it would hurt your case.

Good luck on your ROC journey!

Edited by seth2013

Day 0 - 2 May 2012 Mailed AOS package overnight delivery
Day 139 - 17 September 2012 Interview & APPROVED on the Spot!! :)
Day 145 - 23 September 2012 Received Green Card!

ROC - Eligible June 19 2014

Day 0 - 18 June 2014 Mailed ROC package via 2 day priority

Day 42 - 29 July 2014 Approval and Card Production Email

Day 49 - 5 August 2014 Received Green Card

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Here's the thing, even though plenty of legitimate married couples have prenups, when it comes to immigration, they always want to find three legs on the cat.

Therefore, you have to have plenty of other proof as suggested above. You don't HAVE to have joint assets, what if you're poor and don't have bank accounts, property, etc?

That's why they also will accept proof that you share expenses and other things together. Such as you pay a few bills, your spouse pays a few bills. All of your bills and documents have the same address. You are listed as beneficiaries in each other's insurance policies, taxes if you file jointly.

Then there's proof of trips taken together, christmas cards or gifts or mail address to both of you, affidavits from family and friends, pictures with each other and with friends and family. There are so many things you can think of, just throw it all in there.

We don't have joint anything, because we don't own anything. Neither of us has a bank account and I'm not opening one just to prove a point. So I have all sorts of other things like bills, receipts, photos, affidavits, taxes, mail, paystubs, w2's, gifts, etc.


This does not constitute legal advice.

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Thanks for your info. We have opened joint account just for the utility payments recently and the prenup agreement is like we keep what we have now separately and future incomes or property owned separately as if the marriage did not existed and signed to have no inheritance right if my spouse die before me. So I want to know also if the type of the agreement matters too

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I don't think anyone can know for sure how the immigration officer you get will view your particular agreement. Your type of agreement may not be odd if your spouse has children that he/she would like to see inherit, but really anything I say is only a guess.

Just make sure you have plenty of other proof and you should be fine. The worst that would happen is that they'd ask you to come in for an interview, in which case you'd be able to answer any questions they had in person. Don't stress about it until that time comes.


Day 0 - 2 May 2012 Mailed AOS package overnight delivery
Day 139 - 17 September 2012 Interview & APPROVED on the Spot!! :)
Day 145 - 23 September 2012 Received Green Card!

ROC - Eligible June 19 2014

Day 0 - 18 June 2014 Mailed ROC package via 2 day priority

Day 42 - 29 July 2014 Approval and Card Production Email

Day 49 - 5 August 2014 Received Green Card

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The fact that he has kids help explain the need for the prenup. This is one of the more common situations where people get prenups, to protect the rights of other family members. This would settle any disputes that would arise in the event where a spouse dies and lives a widow with children. As long as you have sufficient other proof that you have a bona fide relationship, you should be fine.


This does not constitute legal advice.

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I think in practice they will want to figure out whether the prenup protects legitimate rights, or whether it looks like an easy way to protect the USC spouse when the planned divorce happens once ROC is achieved.

Your ages and financial situations may matter. If both spouses are financially self-sufficient, it may be less of a red flag. And likewise, this is a more common situation for older people with children.

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I was working in my country with good income supporting myself and now I will start working once I get my green card and I'm going be self sufficient because i can get considerable amount of income with the degree i have so I can show them my income and that I can support myself. I think they will consider that.

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You do not have to disclose your prenup or include it as a part of the evidence to support your removal of conditions. Just have enough other solid evidence and it will be fine.


2003/4 School Year: Met hubby while we were in college...became great friends
2005: My college graduation
2011: Began dating
1/13/12: Got Married to the world's best hubby
2/2/12: Mailed I-130, I-485, I-765 to Chicago Lockbox
2/3/12: Package received and signed for by USCIS
2/13/12: Received NOA1 for all 3 petitions
2/16/12: Got driver's license reinstated
2/17/12: Received notice for biometrics appointment
3/1/12: Biometrics appointment successful
3/5/12: Received notification of appointment for interview scheduled for April 4, 2012
3/28/12: Received notification that production has been ordered for my EAD
4/4/12: AOS interview with my hubby; approved on the spot! Thank you Jesus!

TOTAL TIME FROM FILING TO GREEN CARD APPROVAL: 2 months and 2 days.....Didn't even get EAD; no need for it with green card!

REMOVAL OF CONDITIONS:

3/11/14: Shipped I-751 package to Vermont Service Center

3/12/14: Received at VSC and signed for by L ZUCHOWSKI.

3/17/14: Payment shows on our bank account for the check written.

4/4/14: Early biometrics successful!

9/25/14: Case update: APPROVAL NOTICE!!!

10/4/14:10 year green card arrived in the mail!!! Yay!

TOTAL TIME FROM FILING I-751 TO APPROVAL: 6 months and 14 days....No RFE or interview! Thankful to God that this is behind us!

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ok. but from the informations i saw on the internet, the solid evidence is joint ownership on everything and i don't have solid evidence on that and that means i have to tell why, (at least that is what i imagined the officer asking) so that is why i raised the question :)

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