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Will the government know about our prenup agreement?

Las Vegas, NV |
Filed under: Prenuptial agreement

My fiancee and i have agreed to sign a prenuptial agreement, however, i would not like the gov't to know about it. (Just me, her and the attorney/notary.) Is this possible? The reason i wouldn't like the gov't to know about it is because my fiancee is an alien and we would need to go to USCIS for interviews. However, if they find out that we have a prenup, they might not approve her Adjustment of Status or Petition of an alien Relative thinking our marriage isn't bona fide.

Attorney Answers 2

Posted

Your prenuptial is confidential. So long as you, your fiance and your attorney (who is bound by law to confidentiality) do not disclose its existence, it remains a secret.

Good Luck and Congratulations on your marriage.

Sheryl Rae Ghezzi

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Posted

The Illinois attorney is right, for the most part. I add the qualifier because, for certain aspects of the prenup to be given effect under Nevada law, it is possible that it may have to be recorded (for example, if you included an inventory of separate property under some very old Nevada statutes). However, a private agreement is just that -- a private agreement. That said, you should not presume what effect there might be, but ask a qualified immigration attorney -- and in any event, do not lie about anything you are asked about.

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