How do Prenuptial Agreements Affect Immigration?

3 Aug 2021 • Written by Jared Leung

A prenuptial agreement is a legal contract that outlines how assets will be divided in the event a marriage ends in divorce. These agreements also discuss the obligations of a spouse to provide financial support for the other party in the event of a divorce.

In general, both parties must fully understand all of the terms of a prenuptial agreement in order for the contract to be binding. If a court finds that one party was unaware of what he or she was signing, or if the agreement is so one-sided as to be deemed unfair, the provisions held within can be invalidated.

How do prenuptial agreements impact immigration?

When a United States citizen sponsors the immigration application of a foreign spouse, the couple needs to file for a family-based immigrant visa, often called a “green card.” Part of this process involves filing an Affidavit of Support, a document that demonstrates that the citizen has the ability to support the other party at a level at least above 125% of the poverty threshold until the applicant becomes a United States citizen. This obligation remains in place in the event of divorce.

The provisions of a prenuptial agreement should not give the appearance of a “deal” between parties for the purpose of circumnavigating immigration rules. There can also be challenges if the foreign spouse does not speak English well enough to understand the details of the agreement.

However, having a prenuptial agreement does not necessarily casts doubt to the truthfulness of the marriage.  Individuals with decent net worth or prior debt may use prenuptial agreements to protect oneself and/or the spouse-to-be.  The existence of a prenuptial agreement should be considered with other factors in the marriage to determine whether it would cause problems in an immigration application.

How should couples proceed with the immigration process?

Working with an immigration lawyer in Scottsdale, AZ, is the best way to achieve your immigration goals. Your attorney works to guide you through the process, answering questions and addressing problems as they arise. While there are many immigration attorneys in Scottsdale, AZ, the Law Office of Jared Leung offers outstanding service with a personable touch.

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