prenup with marriage abroad

[daniel_and_lily 40]

7 minutes ago, adil-rafa said:

USC still responsible under the I 864

and some states are community property states so anything bought after the marriage is split in a divorce 

 

That's the whole point of the prenup. I keep what was  bought for  assets earned by me

[dentsflogged 352]

The short answer is: it’s probably not enforceable if you were to break up and she gets a semi-competent lawyer for multiple reasons. 

 

The long answer is: probably not worth the paper it’s written on for these reasons: 

 

Firstly: it could be said she was forced to sign under duress-ie: sign this or we won’t get married and you’re not staying in the US (if K1) or “sign this or I’m leaving and you’re not coming with me” (if CR1). Even if it’s her choice, it’s still considered duress if there’s a big “or else” attached due to a significant imbalance of power. Which of course there is, especially if she’s significantly younger and had been dragged to the other side of the world by someone. 

 

Secondly; she needs to have the papers presented to her in her native language, with enough time to find a lawyer who represents and is paid for by her (no affiliation with you) and is also familiar with the laws in the state you live in (or will live in) to review it and advise her. 

 

Thirdly: most pre-nups are written by lawyers for clients who are trying to ensure that they “win” in breakups and a lot of the time are actually contrary to state law in regards of division of assets or custody. She cannot sign away her legal rights as far as the state is concerned and if that’s the intent of how it’s written it can and will be ignored if it ever goes to a divorce court. 

 

If youre concerned about your current assets, far better to just tie it up in a trust or some other legal loophole than hope a prenup works. Also consider that post marriage, any assets are marital assets and in most states the automatic assumption is 50/50 regardless of “whose money” it is.  

Edited June 2, 2019 by dentsflogged

[daniel_and_lily 40]

1 hour ago, dentsflogged said:

 

Firstly: it could be said she was forced to sign under duress-ie: sign this or we won’t get married and you’re not staying in the US (if K1) or “sign this or I’m leaving and you’re not coming with me” (if CR1). Even if it’s her choice, it’s still considered duress if there’s a big “or else” attached due to a significant imbalance of power. Which of course there is, especially if she’s significantly younger and had been dragged to the other side of the world by someone. 

 

that's why she has her own legal representation, right ? 

 

Trust is something I thought about looking into.

 

Looks like not even assets prior to marriages are safe

 

[Ontarkie 13,916]

~~Moved to Off Topic, from IR1/CR1 - As this is not a visa processing question.~~

[Falcon Cara 378]

5 hours ago, adil-rafa said:

USC still responsible under the I 864

and some states are community property states so anything bought after the marriage is split in a divorce 

 

Incorrect

[geowrian 22,335]

15 minutes ago, Falcon Cara said:

Incorrect

Which part exactly?

The former is correct...one cannot relinquish their right to pursue support via the I-864.

The latter I agree - that's exactly what a prenup hopes to avoid.

[Falcon Cara 378]

4 minutes ago, geowrian said:

Which part exactly?

The former is correct...one cannot relinquish their right to pursue support via the I-864.

The latter I agree - that's exactly what a prenup hopes to avoid.

Of course the latter