immigration attorney who do prenup

Do I need a prenuptial agreement attorney?

An experienced lawyer can help, no matter what stage of the process you find yourself in. You don’t have to go through this process on your own. We are here to advocate for your rights, your finances, and your best interests. Call (678) 679-6415 or send us a …

What is a prenup?

Aug 04, 2021 · 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 ...

Do prenuptial agreements encourage breakups?

Feb 25, 2020 · At Family Law San Diego, our legal team has experience handling various legal matters arising under California family law, including the appropriateness of entering into a prenuptial agreement. Call us at (619) 577-4900 or contact our office online to arrange for an initial consultation regarding your legal rights and interests today. Categories.

Can a prenuptial agreement be rejected during divorce proceedings?

Oct 13, 2020 · And you’re going to need an experienced florida prenuptial attorney on your side. Spousal Immigration. The motivations behind spousal immigration and prenuptial agreements can be at odds. Let’s take a closer look. American citizens have the legal right to sponsor their foreign spouse’s immigration to the United States via a family-based ...

Can you get a prenup with an immigrant?

Nuptial agreements and the Form I-864. It is very common for sponsored immigrants to sign a nuptial agreement. Often this happens before the person completes the immigration process. For example, someone might come to the U.S. on a K-1 visa, then be forced to sign a prenuptial agreement before getting married.May 10, 2021

Can you get a prenup for green card marriage?

I-864 Enforcement: Prenups Cannot Stop a Green Card Holder From Getting Financial Support From Their Sponsor. [Also available on LinkedIn.] Lilly was very excited to marry Phillip and move to America. Phillip was going to sponsor her immigration to the US and Lilly would start a new life.Sep 28, 2021

Can you have a prenup with a k1 visa?

Anyone getting married in California can have a prenuptial agreement. There is no requirement that either party be a citizen or even legally in the country.May 25, 2018

How do you legalize a prenup?

What are the requirements for a valid Prenuptial Agreement?Both parties must voluntarily execute the agreement.Both parties must engage in full disclosure of their respective situations at the time the document is executed.The agreement cannot be unreasonably unfair to one of the parties.More items...

Are prenups International?

A prenuptial agreement for international couples is generally prudent and appropriate. But international prenuptial agreements are traps for the unwary or unknowing. They are extremely important to clients but must be handled with great care by knowledgeable and experienced international family law counsel.

Is a prenup valid in another country?

There is no way to prepare a prenuptial agreement that is valid internationally. If you are going to move to another country, you can't be certain that your prenup will be valid in your new country of residence without obtaining advice from a lawyer in that country.

Do prenups exist in Mexico?

The rights and duties of marriage must be shared equally. When they marry, spouses must choose between the separation of property and community property regimes. Parties are free to sign a prenuptial agreement if they wish.

What is affidavit of support?

An affidavit of support is a legally enforceable contract, and the sponsor's responsibility usually lasts until the family member or other individual either becomes a U.S. citizen, or is credited with 40 quarters of work (usually 10 years).Mar 19, 2021

What happens when you marry someone from another country?

If the real reason you're getting married is so that your spouse can become a permanent resident of the United States (“green card marriage”), seriously consider the consequences. Marriage fraud is a federal crime. The penalty is up to five years in prison and $250,000 in fines.

Can you write a prenup yourself?

Yes, but it is not advisable. Prenuptial agreements are more enforceable than ever as a result of recent amendments to the law in 2006 and 2013, but there remain strict statutory requirements for enforceability.

What happens if you don't get a prenup?

Without a prenup, if spouses cannot come to an agreement during a divorce, about division of property, assignment of responsibilities, and/or any other arrangements, then those matters are left to the court.Mar 25, 2021

What do I need to know before signing a prenup?

Before signing a prenuptial agreement, both parties are obligated to disclose their finances. This includes all investments, real estate, property, and financial liabilities. Some states also consider future inheritances and require them to be included as part of the agreement.Sep 15, 2021

What is a prenuptial agreement?

A prenuptial agreement is a contract into which prospective newlyweds enter, governing their rights and responsibilities as married spouses concerning matters such as spousal support and the distribution of marital assets at the end of their marriage, whether due to divorce or death.

What is conditional permanent resident status?

Invalid Marriages for Immigration Purposes. Spouses who have been married for less than two (2) years will receive what is known as “ conditional permanent resident ” status. This means that the couple must prove that they did not get married for the purpose of avoiding federal immigration laws.

Can a spouse sponsor a foreign spouse?

Federal immigration law provides for a U.S. citizen to sponsor the immigration of their foreign spouse. The married couple must apply for a family-based immigrant visa allowing a spouse from a foreign country to enter the United States and obtain Lawful Permanent Resident (LPR) status—also known as a “green card” holder.

Is a prenuptial agreement enforceable?

Generally, a prenuptial agreement is not enforceable if it was not the product of mutual voluntary assent to its terms.

What are the issues with prenuptial agreements?

Prenuptial agreements, however, can address many issues that go beyond spousal support, including: 1 Caring for an aging parent 2 Credit card debt 3 Tax liabilities 4 Estate planning concerns, including protecting the inheritance rights of children from a prior marriage

What is the division of marital property in Florida?

In the State of Florida, marital property (those assets that you and your spouse acquire throughout your marriage) is divided in a manner that is considered equitable (or fair given the unique circumstances of the marriage) upon divorce.

Is a postnup better than a prenup?

While a postnuptial agreement may be a better option than a prenup if your spouse is an immigrant, this does not mean the government won’t carefully examine the matter if your marriage does end in divorce. If the contract smacks of coercion, if it appears to diminish your spouse’s financial rights, or if the court isn’t convinced that your spouse clearly understood the terms of the contract (especially if English isn’t his or her first language), it very likely won’t be upheld. Further, a postnuptial agreement – just like a prenuptial agreement – cannot address either child custody arrangements or child support (unless the terms exceed the state’s calculation guidelines). The State of Florida decides every child custody case on an individual basis – predicated on the best interests of the children involved – and the terms can’t be committed to ahead of time.

Is a postnuptial agreement the same as a prenuptial agreement?

While a prenuptial agreement can be a dicey proposition, a postnuptial agreement can serve the same purpose – if entered into in good faith. A postnuptial agreement is a legal contract that is just like a prenuptial agreement except that it’s entered into after you’ve married.

What is the purpose of a prenup?

One function of a prenup some couples use is to agree ahead of marriage how to handle alimony should there be a future divorce. However, immigration law requires the U.S. spouse to financially support their foreign spouse until they become a citizen or work for 10 years, even beyond a divorce. If the parties agree in their prenuptial agreement to predefine alimony terms and amounts upon divorce, would they have to pay that in addition to the immigration-required support or could one payment meet both obligations?

Can a prenup be enforceable in Florida?

A Florida premarital agreement will not be enforceable if a prospective spouse signed it under duress to do so. If a prenup is drawn up and signed right before a marriage to a foreign person, it may appear to have been signed under pressure and not voluntarily – potentially signaling to the government that the marriage was hastily arranged and therefore more likely a sham, according to an article in the Boston Globe.

Is immigration policy restrictive?

In the past couple of years, U.S. immigration policy has become more restrictive , causing anxiety among American citizens engaged to marry people from other countries. We just published a blog that explains the basics of prenuptial agreements, but when the relationship crosses international boundaries, premarital agreements can come with other legal issues.

What should a prenuptial agreement include?

You can include standard terms that outline how you will split your assets, wealth, and debt after a divorce.

How to divorce a spouse?

Some other terms you should consider including may be: 1 using alternative dispute resolution (i.e., mediation) to divorce 2 how you'll handle retirement and business assets 3 whether one spouse will continue living in the marital home, and if so, who will be responsible for paying the taxes, insurance, and mortgage 4 whether either spouse is responsible for the other's student loans, and 5 distinguish marital property and separate property.

What is alternative dispute resolution?

Some other terms you should consider including may be: using alternative dispute resolution (i.e., mediation ) to divorce. how you'll handle retirement and business assets. whether one spouse will continue living in the marital home, and if so, who will be responsible for paying the taxes, insurance, and mortgage.

Can you keep your property separate?

If you want to keep your property separate, then you can confirm that each of your separate assets will remain the property of the original owner. Prenuptial agreements are especially helpful if you have a business or other property that you owned and acquired prior to your marriage.

Is a prenup a legal contract?

Contrary to popular belief, prenuptial agreements (also called "prenups") aren't just for wealthy couples. Whether you're living paycheck to paycheck or you have many assets, creating a legally-binding contract that protects what assets you do have might be an excellent planning tool for your financial future.

What is a prenup?

A prenuptial agreement ("prenup" for short) is a written contract created by two people before they are married. A prenup typically lists all of the property each person owns (as well as any debts) and specifies what each person's property rights will be after the marriage.

Why do we need a prenup?

Get protection from debts. Prenups can also be used to protect spouses from each other's debts, and they may address a multitude of other issues as well. (For more details, see Nolo's article Prenuptial Agreements -- What the Law Allows .)

What are the rights of a spouse?

Under the law, marriage is considered to be a contract between the marrying couple, and with that contract comes certain automatic property rights for each spouse. For example, in the absence of a prenup stating otherwise, a spouse usually has the right to: 1 share ownership of property acquired during marriage, with the expectation that the property will be divided between the spouses in the event of a divorce or at death 2 incur debts during marriage that the other spouse may have to pay for, and 3 share in the management and control of any marital or community property, sometimes including the right to sell it or give it away.

What is a post-nuptial agreement?

Sometimes the word "contract" is substituted for "agreement," as in "prenuptial contract.". An agreement made during marriage, rather than before, is known as a "postnuptial," "postmarital," or "marital" agreement.

What happens if you don't make a prenup?

If you don't make a prenuptial agreement, your state's laws determine who owns the property that you acquire during your marriage, as well as what happens to that property at divorce or death. (Property acquired during your marriage is known as either marital or community property, depending on your state.)

What is the meaning of "share ownership"?

share ownership of property acquired during marriage, with the expectation that the property will be divided between the spouses in the event of a divorce or at death. share in the management and control of any marital or community property, sometimes including the right to sell it or give it away.

Why is the prenuptial agreement invalid?

In arriving at this decision, the Court noted that in this particular case the Defendant (sponsor spouse) had signed the Form I-864 after signing the prenuptial agreement, and thus, the prenuptial agreement was invalid because one cannot waive an obligation that does not yet exist.

What is an affidavit for a sponsor?

The Affidavit is a contract between the sponsor and the government requiring the sponsor to provide whatever support is necessary to maintain the sponsored immigrant at an income that is at least 125% of the federal poverty guidelines for his or her household.

Is an alien who seeks to become a legal permanent resident (LPR) of the United States as an

Any alien who seeks to become a legal permanent resident (LPR) of the United States as an immediate relative or family preference immigrant is inadmissible if he or she is likely to become a public charge. To prevent the likelihood that an LPR would require public assistance and thus, became a public charge, the U.S. Citizenship and Immigration Services (USCIS) makes the sponsor/petitioner ("sponsor") the LPR's financial guarantor through a contract - Form I-864 Affidavit of Support ("Affidavit").