How to sign prenup while living in a different country ? Morocco

[RedaAd 0]

Me and my fiance are planning to get a married via proxy (Utah Remote marriage) and we want to get a prenup before doing that, is it possible to sign a prenup using a proxy while living outside the country and being a foreigner ?

I live in Morocco.

 

Thanks for advices

Edited February 19, 2023 by RedaAd

[Mike E 11,723]

Your profile  says you filed K-1. Sing the prenup when both of you are in the U.S. 

[RedaAd 0]

1 hour ago, Mike E said:

Your profile  says you filed K-1. Sing the prenup when both of you are in the U.S. 

Hi Mike, I just update my profile we will later apply for I130 during this year, but before we need to to the marriage first remotely, then consummate it. We will apply during july.

[Mike E 11,723]

8 minutes ago, RedaAd said:

Hi Mike, I just update my profile we will later apply for I130 during this year, but before we need to to the marriage first remotely, then consummate it. We will apply during july.

My experience with a prenup: the lawyer said: “When she enters the U.S., call me then”

 

Your experience might  vary with your state of residence, your lawyer, and your spouse’s lawyer. This might be one of the few advantages of a K-1 versus a spousal visa. Our state of residence at the time was California.  

[Crazy Cat 39,288]

Power of Attorney? 

[JeanneAdil 6,203]

In Morocco there is no such thing as common marriage assets. What is yours before and acquired during marriage will remain yours after divorce. Same case for your partner.

the USC can create a Prenup agreement and take to Morocco before u consummate the marriage

get it signed with witnesses (and if you need to divorce later u will need to be able to provide those (moroccan witnesses at a divorce hearing to validate the prenup)  Is it worth it???

 

Understand that this only covers property aquired before the marriage

in most US states after marriage and living together ,  property gained is community property

 

Pre nup means exactly that (pre -before and nup -marriage)

 

Now not sure why anyone wants to do this as its going to be pretty hard to convince a Moroccan CO that the relationship is real when u are not willing to combine assets   /Moroc CO look for the USC and Moroccan to do exactly that -combine assets execially when there are any "red flag issues"

 Like

[Ryan H 3,791]

Moved from K3 Process & Procedures to General Immigration-Related Discussion.

[RedaAd 0]

1 hour ago, Ryan H said:

Moved from K3 Process & Procedures to General Immigration-Related Discussion.

 

4 hours ago, JeanneAdil said:

In Morocco there is no such thing as common marriage assets. What is yours before and acquired during marriage will remain yours after divorce. Same case for your partner.

the USC can create a Prenup agreement and take to Morocco before u consummate the marriage

get it signed with witnesses (and if you need to divorce later u will need to be able to provide those (moroccan witnesses at a divorce hearing to validate the prenup)  Is it worth it???

 

Understand that this only covers property aquired before the marriage

in most US states after marriage and living together ,  property gained is community property

 

Pre nup means exactly that (pre -before and nup -marriage)

 

Now not sure why anyone wants to do this as its going to be pretty hard to convince a Moroccan CO that the relationship is real when u are not willing to combine assets   /Moroc CO look for the USC and Moroccan to do exactly that -combine assets execially when there are any "red flag issues"

 Like

 

I don't understand this part: "Now not sure why anyone wants to do this as its going to be pretty hard to convince a Moroccan CO that the relationship is real when u are not willing to combine assets   /Moroc CO look for the USC and Moroccan to do exactly that -combine assets especially when there are any "red flag issues""

Normally we are planning to sign it before doing a remote utah marriage, after that is done, we won't have to mention that we signed any prenuptial agreement, I am agreeing to do this just to make sure that my U.S Fiance assets are well protected.

[JeanneAdil 6,203]

Moroccan CO"s know that when USC marries they can add the nonresident alien to IRS tax returns,   then with ITIN the alien can be added to checking and/or savings account plus other places like credit cards ,  etc

 

Proof of combined finances is very powerful evidence in favor of the legitimacy of a marriage. A couple that combines their assets and their liabilities is clearly committed to living a life together. Evidence supporting combined finances may include:

 

Moroccan CO  will be looking at your documents to see if u do combine assets after marriage/ be sure to list all property real or personal that u want included in this agreement 

and the CO would not know about a prenup  but they would know assets are not combined 

 

[RedaAd 0]

1 hour ago, JeanneAdil said:

Moroccan CO"s know that when USC marries they can add the nonresident alien to IRS tax returns,   then with ITIN the alien can be added to checking and/or savings account plus other places like credit cards ,  etc

 

Proof of combined finances is very powerful evidence in favor of the legitimacy of a marriage. A couple that combines their assets and their liabilities is clearly committed to living a life together. Evidence supporting combined finances may include:

 

Moroccan CO  will be looking at your documents to see if u do combine assets after marriage/ be sure to list all property real or personal that u want included in this agreement 

and the CO would not know about a prenup  but they would know assets are not combined 

 

What do you mean when you say Moroccan CO ?

[JeanneAdil 6,203]

14 minutes ago, RedaAd said:

What do you mean when you say Moroccan CO ?

CO is the customs officer who will do the interview 

[RedaAd 0]

1 hour ago, JeanneAdil said:

CO is the customs officer who will do the interview 

Normally I think for a IR1 there is no need to combine accounts as it is not a requirement and also there is nothing to combine from the beneficiary's part and that only the U.S Spouse assets are counted earlier.

[TBoneTX 43,072]

3 hours ago, RedaAd said:

What do you mean when you say Moroccan CO ?

The U.S. consular officer at the Casablanca consulate who will conduct the eventual visa interview.  Part of this consists of reviewing your submitted materials beforehand and getting a good idea of how "bona fide" your relationship is.

[JeanneAdil 6,203]

14 hours ago, RedaAd said:

Normally I think for a IR1 there is no need to combine accounts as it is not a requirement and also there is nothing to combine from the beneficiary's part and that only the U.S Spouse assets are counted earlier.

I 130 page 7 of instructions

 

NOTE: In addition to the required documentation listed above, you should submit one or more of the following types of documentation that may prove you have a bona fide marriage:

(1) Documentation showing joint ownership of property;

(2) A lease showing joint tenancy of a common residence, meaning you both live at the same address together;

(3) Documentation showing that you and your spouse have combined your financial resources;

(4) Birth certificates of children born to you and your spouse together;

 

I added husband to tax returns,  bank account (with his ITIN),  deed to my house (with POA) and water bill

 

many add spouse to credit card and write wills in favor of the other 

 

we went K1-denied ,  CR1 denied till we did IR1 and commingled finances 

 

Casa has denied IR1 petitions especially when there is not much quality time spent together or other red flags such as a big (over 10 years) age difference 

and spouses are often in long AP (recent one whose wife interviewed spring of 2022 and just had 2nd interview )   another moroccan wife was 10 months in AP before the CO approved a visa (and her husband came from Morocco same as her)

 

but if u are safe with what u intend to provide , the best to u 

[RedaAd 0]

7 hours ago, JeanneAdil said:

I 130 page 7 of instructions

 

NOTE: In addition to the required documentation listed above, you should submit one or more of the following types of documentation that may prove you have a bona fide marriage:

(1) Documentation showing joint ownership of property;

(2) A lease showing joint tenancy of a common residence, meaning you both live at the same address together;

(3) Documentation showing that you and your spouse have combined your financial resources;

(4) Birth certificates of children born to you and your spouse together;

 

I added husband to tax returns,  bank account (with his ITIN),  deed to my house (with POA) and water bill

 

many add spouse to credit card and write wills in favor of the other 

 

we went K1-denied ,  CR1 denied till we did IR1 and commingled finances 

 

Casa has denied IR1 petitions especially when there is not much quality time spent together or other red flags such as a big (over 10 years) age difference 

and spouses are often in long AP (recent one whose wife interviewed spring of 2022 and just had 2nd interview )   another moroccan wife was 10 months in AP before the CO approved a visa (and her husband came from Morocco same as her)

 

but if u are safe with what u intend to provide , the best to u 

 

 

Thank you for all the information I really appreciate your time to post this.

So in addition to the proof we will provide for the I130 including marriage certificate+pictures being together+pictures of family small ceremony+gifts sent to each other ... other proofs we have gathered through out the years... How will we be able to get a lease showing joint tenancy when we actually live in distance and not together + what does it affect the fiance if they added me in their tax returns, bank account for the house deed, she doesn't actually own a house and is renting ( so what do you think about that ?).