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rayman26

Spousal Visa - Protection of assets

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Hello all,

 
I am in a relationship with a woman in Vietnam, and have been for some time.   I visit her as often as I can and we would like to continue our relationship in the USA.   I am prepared to marry her and support her when she moves here.

This may be more of a legal question, and I appreciate that the best advice will be from a lawyer, but I thought I'd throw this out on this forum. 

I want to be sure that my assets go to my children in the event of my death or divorce.   I am wondering, if we choose to get married in Vietnam, and come in on a K3 visa, would we ever have to marry in the US?  If not, would I be pretty safe in terms of my estate here in the USA?   I very much want to take care of her with my monthly salary and am absolutely prepared to do that, however there is an inheritance that I have received and out of an abundance of caution, want to isolate that for my children when I die.  Obviously I am not planning on anything bad happening in our marriage, but a question that is worth asking.

 

Thank you very much for any feedback. 

 

 

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K3 is dead, K1 or CR1.

 

You marry once, Vietnam or USA does not matter.

 

You will have to complete an I 864 for her to immigrate.

 

Inheritance etc varies by State.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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If you want to ensure your inheritance is cleared up, best consult a lawyer on a will


Spoiler

 

Married December 19, 2014

I-130 Petition sent January 14, 2015
NOA1 date January 20, 2015 (NSC)

NOA2 date May 28, 2015 :dance::dance::dance:

Mailed to NVC June 4, 2015

NVC Received June 10, 2015

NVC Case Number Assigned June 23, 2015

NVC AoS Invoice via Mail June 24, 2015

NVC Selected Agent Over Phone June 30, 2015 (Unable to logon to CEAC)

NVC IV Invoice via email received July 1, 2015

NVC AoS/IV Package Mailed July 2, 2015

NVC AoS & IV Fee Paid Online (CEAC is working) July 6. 2015

NVC Document Scan Date July 6, 2015

NCV AoS & IV Fee marked as paid in CEAC July, 7 2015

NVC DS 260 Completed July 8, 2015

NVC CC July 30, 2015 (24 days after scan date, about 2 months post NOA2)

Interview Scheduled on August 26, 2015

Interview P4 Email Received August 27, 2015

Medical in Islamabad September 2, 2015

Interview Date September 22, 2015 CANCELLED (Embassy is Over scheduled) :cry: :cry: :cry: :cry: :cry:

Interview Scheduled on September 10, 2015

Interview Date October 14, 2015 APPROVED

Visa Issued October 16, 2015, 9 months start to finish

POE JFK October 26, 2015

GC in Hand Jan 8, 2016

RoC I-751 NOA1 August 31, 2017 (Vermont Service Center)

Biometrics October 2, 2017

I551 Stamp in Passport August 2, 2018

18 Month Extension Letter August 3, 2018

Applied for Naturalization N-400 Online July 30, 2018

Biometrics August 23, 2018

10 year GC is in production September 17, 2018

 

 
 
 
 
 
 
 
 
 
 
 
 

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Ok, thank you

 

I think the crux of the question is: will a US family court judge review the marriage from a Vietnamese ceremony, or just declare that we were never married in the USA so it is out of their jurisdiction to divide up assets?  

I can see ordering child support, etc... but if we are not married in the USA will they be able to grant them any property?

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Any legal overseas marriage would also be legal here in the US, and there really is no other way for you to bring your girlfriend over.

 

You could look at pre-nups maybe.  In some community property states, inheritances are exempt, and remain separate.

 

Also - as you're newly looking into this, it would be of benefit for you to read the guides here and on USCIS.  You will particularly want to be aware of the I-864 requirements, which entails signing an affidavit promising to support the alien spouse for up to ten years, whether or not a divorce occurs.  It is the US government's way of preventing immigrants from becoming a public charge.

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Huh, you are married or not, no marriage and you can not sponsor a wife.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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5 minutes ago, rayman26 said:

Ok, thank you

 

I think the crux of the question is: will a US family court judge review the marriage from a Vietnamese ceremony, or just declare that we were never married in the USA so it is out of their jurisdiction to divide up assets?  

I can see ordering child support, etc... but if we are not married in the USA will they be able to grant them any property?

It will not matter to any US court where the marriage took place, as they would have jurisdiction over the divorce in that case. 

"Never married" = no immigrant visa.

Edited by Jorgedig

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5 minutes ago, rayman26 said:

Ok, thank you

 

I think the crux of the question is: will a US family court judge review the marriage from a Vietnamese ceremony, or just declare that we were never married in the USA so it is out of their jurisdiction to divide up assets?  

I can see ordering child support, etc... but if we are not married in the USA will they be able to grant them any property?

Married is married.  Marrying her in Vietnam or in the US does not make a difference. 


Get a prenup if you want to protect your assets.

Edited by aaron2020

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As noted, K-3 is obsolete. You file for a K-1 for a fiancee or CR-1 for a spouse.

Where you marry doesn't matter. The US recognizes marriage anywhere in the world.

Inheritance depends on various laws, the presence of a will and/or trust, etc.

 

A prenuptial is a possible path for consideration as well regarding ensuring you (and by extension your children) are secure in the event something happens with the marriage. Enforceability of this is challenging, but it's something to consider. Generally - and not in all states - your assets prior to marriage remain yours, and assets obtained during marriage are jointly owned.

Seek a professional attorney for specifics.

 

5 minutes ago, rayman26 said:

I think the crux of the question is: will a US family court judge review the marriage from a Vietnamese ceremony, or just declare that we were never married in the USA so it is out of their jurisdiction to divide up assets?  

I can see ordering child support, etc... but if we are not married in the USA will they be able to grant them any property?

The US recognizes foreign marriages.

Wording is important...a "ceremony" is a celebration/event. Being married usually means a license/certificate/registration of the marriage (I saw usually as there are some cultures where those are not required for a legal marriage).

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Get a prenup. Make a will stating where your assets and all will go. It's a lot of just legal paperwork essentially. An estate planner is the best bet for this. They can set you up properly for the will part of it.

Edited by Ben&Zian

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

 

02/24/2017 - AOS packet sent

03/06/2017 - NOA1's received via text

03/31/2017 - Biometrics appointment Completed

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

giphy.gifvd9wauve2wlsd9fuctxk.gifgiphy.gif     

 

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10 minutes ago, Jorgedig said:

Any legal overseas marriage would also be legal here in the US, and there really is no other way for you to bring your girlfriend over.

 

You could look at pre-nups maybe.  In some community property states, inheritances are exempt, and remain separate.

 

Also - as you're newly looking into this, it would be of benefit for you to read the guides here and on USCIS.  You will particularly want to be aware of the I-864 requirements, which entails signing an affidavit promising to support the alien spouse for up to ten years, whether or not a divorce occurs.  It is the US government's way of preventing immigrants from becoming a public charge.

It's not up to ten years.  It can be forever if she never accrues 40 quarters of Social Security credits.

Edited by aaron2020

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1.  If you marry in VN, you are also married in the US......

2.  The K-3 is dead.  File for CR-1.

3.  It is fairly simple to set up a living trust which would be a legal way of leaving your property after your death.  A living trust is binding, legal, and private (no probate)

Edited by missileman

"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

"Only a fool would fail to heed the advice of someone who has walked in his shoes"- Missileman, 2/8/19

"What I am to be, I am NOW becoming"- Benjamin Franklin

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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Wow, you guys have been exceptionally helpful, and it almost no time!

 

I think the best thing to do is to get married here in the USA, at least that way I can have some visibility into everything and not get surprised because my pre-nup I used in Vietnam doesn't hold up, etc.  


Yes, a meeting with an estate attorney is necessary.  

 

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1 minute ago, rayman26 said:

Wow, you guys have been exceptionally helpful, and it almost no time!

 

I think the best thing to do is to get married here in the USA, at least that way I can have some visibility into everything and not get surprised because my pre-nup I used in Vietnam doesn't hold up, etc.  


Yes, a meeting with an estate attorney is necessary.  

 

A living trust WILL hold up......I would consider it.......also, you might want to consider a CR-1 vs a K-1.

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US (currently about 3 months sooner)    
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US (currently about 3 months later)

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   


 


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

"Only a fool would fail to heed the advice of someone who has walked in his shoes"- Missileman, 2/8/19

"What I am to be, I am NOW becoming"- Benjamin Franklin

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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Married in Vietnam is married in the US . . . 

 

I married a Filipina in Hong Kong and we live in the US.

 

I have a child and we have a  prenup that was recorded in the Philippines and one that is in the US. I have a will too. The only reason we did one inthe Philippines was that I was thinking of retiring there. 


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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