The Prenuptial Agreement's Effect on a Marriage Green Card Case
A prenuptial agreement is an agreement entered into before marriage to set forth what will happen to your and your spouse's assets and income in the event of divorce, separation or death. When provided as supporting document in immigration petition based on marriage, However, it may back fire.
How will prenuptial agreement back fire immigration petition?It is important to note that the petitioner has the responsibility to prove to the satisfaction of the adjudicator in USCIS that they entered into the marriage for love, not solely for obtaining immigration benefit, green card, K-visa etc. USCIS officers expect proof of commingled assets including jointly held and actively used bank accounts, CDs, and stocks, housing held in joint tenancy, joint car loans and mortgages, and joint health, life, and car insurance. Therefore, the couples that keeps their financial lives primarily separate with a prenuptial agreement may have a much tougher case to make.
How will prenuptial agreement back fire immigration petition?Marital and prenuptial agreements may also muck up the waters with potentially compromising provisions to the immigrant that could appear as if there is a financial arrangement in exchange for the U.S. citizen's compliance with the immigration process
What should you do if you want to sign prenuptial agreement before filing immigration petitionOften time, in the event of lacking commingled fund, marital and prenuptial agreements have been used by the petitioning U.S. citizen spouses as proof of the immigrant's intent to marry only for a green card (permanent residency status) if the US citizen spouse to maintain control throughout the immigration process and especially, the finances. For this reason and due to the fact that these agreements are naturally suspect by immigration, they must be carefully drafted. Both parties should always consult a family lawyer and the immigrant should consult an immigration lawyer in addition before signing any kind of prenuptial agreement.