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Can a prenup ever be beneficial in getting a marriage visa approved?

White Plains, NY |

Meaning, can it be used as proof that the beneficiary is not looking to abandon the US spouse in the future, and would not be getting monetary gain from the relationship?

My brother was told that the main hurdle in his case would be convincing the immigration officer that the marriage is being entered for love reasons only. If the he, as a beneficiary, is willing to sign a legal agreement stating that if he were to leave his US citizen spouse, she would get everything he has + alimony etc., could it be used as proof that he is marrying solely for love and no other gain?

Thank you.

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Attorney answers 3


I don't think that a single piece of paper such as a prenuptial contract will do much to convince USCIS of the bona fides of the marriage. If anything, I think it would do more harm than good,, for it could make the whole thing look like pre-planned and calculated..

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


A prenup would not work to benefit a marriage petition. In fact, I would not even advise in submitting a prenup with he petition. I suggest you schedule a consultation with an immigration attorney prior to sending anything out. Good Luck.

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It is questionable whether such an agreement would benefit your immigration case. I would advise to shop around and get different opinions from immigration lawyers. If you are convinced it could have even a marginal impact & wish to proceed, then I encourage you to contact a White Plains Divorce/Matrimonial lawyer to schedule a consultation.

* If you found my answer to be helpful, or the "best answer," please feel free to mark it accordingly.

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