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daniel_and_lily

prenup with marriage abroad

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It has no effect on the process.


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Right, the question is how do I do a legally enforcable prenup when marrying abroad ?  Do I have her sign paperwork before doing the marriage there? Do I do paperwork when she comes to the US? etc. any help appreciated.

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If you want it to be enforceable in the US then you would need to have it drawn up by a lawyer here according to your relevant state law. And then it would be executed and signed here, also. 


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Translated in her native language as well


ROC Timeline

Service Center: Vermont

90 Day Window Opened....08/08/17

I-751 Packet Sent..............08/14/17

NO1 Dated.........................

NO1 Received....................

Check Cashed....................

Biometrics Received..........

Biometrics Appointment.....

Approved...........................

 

IR-1/CR-1 Visa

I-130 NOA1: 22 Dec 2014
I-130 NOA2: 25 Jan 2015
NVC Received: 06 Feb 2015
Pay AOS Bill: 07 Mar 2015
Pay IV Bill : 20 Mar 2015
Send IV/AOS Package: 23 Mar 2015
Submit DS-261: 26 Mar 2015
Case Completed at NVC: 24 Apr 2015
Interview Date: 22 Sep 2015
Visa Approved: 22 Sep 2015
Visa Received: 03 Oct 2015 

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12 minutes ago, Hypnos said:

If you want it to be enforceable in the US then you would need to have it drawn up by a lawyer here according to your relevant state law. And then it would be executed and signed here, also. 

meaning she needs to sign it here after she comes to the US?  We would be married then already, she could just choose to not sign it then, right ?

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Posted (edited)

Theoretically, yes.

 

You can always ask a lawyer if you have any other options, but I'm reasonably sure she would have to sign it here for it to be valid. 

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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We did a prenup in the Philippines and a postnup in the US.  The PI agreement ended up costing us more.


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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1 hour ago, Paul & Mary said:

We did a prenup in the Philippines and a postnup in the US.  The PI agreement ended up costing us more.

 

PI agreement?   How did you do the prenup ? You signed before the marriage over there? Did  a US lawyer draft it to bring over there ?

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2 hours ago, daniel_and_lily said:

How did you do the prenup ?

We had a PI attorney do it based on PI laws.  It was then recorded there.   So that is enforceable there. (I might retire there, who knows).

Then we had another agreement after she came to the US.  Pretty much the same agreement.

 

These agreements are like wills.   The parties can agree update them at anytime.


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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14 minutes ago, Paul & Mary said:

We had a PI attorney do it based on PI laws.  It was then recorded there.   So that is enforceable there. (I might retire there, who knows).

Then we had another agreement after she came to the US.  Pretty much the same agreement.

 

These agreements are like wills.   The parties can agree update them at anytime.

 

Thank you!  Will the PI agreement hold any water in the US? Is that why you did a postnup in the US because it may not do anything ?

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6 hours ago, daniel_and_lily said:

meaning she needs to sign it here after she comes to the US?  We would be married then already, she could just choose to not sign it then, right ?

She could choose not to sign it at any time.

31 minutes ago, daniel_and_lily said:

Will the PI agreement hold any water in the US?

No.

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