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Prenuptial agreement - green card appplication.

Asked over 2 years ago - New York

I am an international student currently holding a F-1 Visa. I am planning to marry my girl friend soon and apply for a green card.
The question is, would it be a problem (when it comes to immigration and the interview etc) if we make a prenuptial agreement?
I just would like to keep our assets and debts separate, regardless of anything.

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Attorney answers (1)

Leslie E Dahan

Reputation Level 10

Answered over 2 years ago. Immigration Attorney in Phoenix, AZ.

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I am assuming that your girlfriend is a U.S. citizen for this response. The prenuptual agreement is not a problem, but, in a marriage case, you spouse must file an affidavit of support on your behalf. That means that she will be legally responsible for financial support for you in the event that you cannot support yourself.

Separation of assets can make it more difficult to prove the bona fides of the marriage, so you want to be sure that the immigration attorney on your case compiles thorough documentation to show that the marriage is bona fide.

I hope this information is helpful.

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