Spousal Visa - Protection of assets(merged)

[little immigrant 800]

19 minutes ago, rayman26 said:

If she objects to signing it, are there other ways to legally emmigrate both of them to the USA

Does this mean she can't get a K1 visa if she doesn't sign the prenup? 

[Going through 5,668]

I thought this post sounded familiar...OP you got some great responses on your prior thread about this:

 

 

[geowrian 22,335]

I'd suggest securing the inheritance in a trust (with a will as a fallback). Seek an estate planner. This would be far more effective than enforcement of a prenup, especially if there is pressure to agree to it.

[bakphx1 785]

You should be talking to an attorney.  Since these a premarital assets you may have better options.  

 

But there’s no visa to bring an almost-spouse over.  You’d just have to enjoy your things and the knowledge she’ll never see them instead.

[junkmart 320]

24 minutes ago, rayman26 said:

Hello all,

 

Allow me to describe the situation before me.  I am engaged to a vietnamese woman who is currently pregnant with our child.   We have had a great relationship and the child is a welcome blessing for us.

 

I happen to have some assets and as we approach the reality of marriage and raising a child, there is the practical matter of understanding how those assets migrate through all possible outcomes.  Of course nobody wants a marriage to fail, but one has to be responsible about such things.

 

I've had a pre-nup drafted and am going to ask her to sign it when I visit Vietnam next month.  

 

If she objects to signing it, are there other ways to legally emmigrate both of them to the USA?  She very much wants to come here, and I very much want them both here.  However, as some of my assests are inherited they really are earmarked for my siblings (if I die soon) or would then be for my future child.  Under no scenario could they be made available to her extended family, unless our child chose to give it away after I'm gone.

 

I hope this doesn't sound heartless, and rest assured the instructions for the pre-nup provide for the comfort of all inolved, just not the transfer of my separate property. 

 

One idea is have the child, get the US passport, then petition as part of chain migration as the mother of the child?  I believe I've read the child must be 21 years old for that.  

 

I don't know of any good options but I am wanting her to come here but ber reaction to the prenup question will be a factor.   

 

 

Perhaps one option would be to put those assets into a trust so that they wouldn't have to be probated with the remainder of your estate.

[rayman26 4]

13 minutes ago, little immigrant said:

Does this mean she can't get a K1 visa if she doesn't sign the prenup? 

Not necessarily

8 minutes ago, junkmart said:

Perhaps one option would be to put those assets into a trust so that they wouldn't have to be probated with the remainder of your estate.

I'm told by my attorney that this would he akin to hiding assets and would cause me more harm than good.

[rayman26 4]

11 minutes ago, bakphx1 said:

You should be talking to an attorney.  Since these a premarital assets you may have better options.  

 

But there’s no visa to bring an almost-spouse over.  You’d just have to enjoy your things and the knowledge she’ll never see them instead.

Yes, the idea was somehow to bring her over as a relative of our child.   

[Ontarkie 13,918]

~~Related threads merged. Please do not start more than one thread for related questions.~~

[geowrian 22,335]

3 minutes ago, rayman26 said:

Yes, the idea was somehow to bring her over as a relative of our child.   

Gotta wait over 21 years if the backup plan is for the child to petition the parent.

[Going through 5,668]

6 minutes ago, rayman26 said:

Yes, the idea was somehow to bring her over as a relative of our child.   

Child would have to be 21 to petition her.

[junkmart 320]

8 minutes ago, rayman26 said:

Not necessarily

I'm told by my attorney that this would he akin to hiding assets and would cause me more harm than good.

Oh, well I'm not an attorney. Maybe seek input from another attorney, or an estate planner. It just seems odd to me that setting up a trust would be considered hiding assets.

[Crazy Cat 39,284]

9 minutes ago, rayman26 said:

I'm told by my attorney that this would he akin to hiding assets and would cause me more harm than good.

Huh?  Hiding assets?  not at all.....A trust is a perfectly legal way to privately allocate estate assets.

[Just Paul 4,591]

11 minutes ago, rayman26 said:

the idea was somehow to bring her over as a relative of our child

The child can bring the mother over when then child turns 21.  I don't think this is what you want. 

[Just Paul 4,591]

17 minutes ago, rayman26 said:

I'm told by my attorney that this would he akin to hiding assets and would cause me more harm than good.

You need an estate attorney.  And you should do a trust before the marriage.

[rayman26 4]

1 hour ago, Ontarkie said:

~~Related threads merged. Please do not start more than one thread for related questions.~~

Great - thank you - sorry, may have posted on this before, been doing a fair amount of research/posting.  Thank you for bringing it to my attention.