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Prenups for couples, may pose immigration risks?

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Marriage is a beautiful union that often brings together individuals from different cultures and backgrounds. For couples where one partner is a non-US citizen, navigating the complexities of immigration law becomes an essential part of their journey. One important aspect that often comes up in such relationships is the consideration of a prenuptial agreement (prenup). A prenup can be a smart move, but it’s essential to know how it might impact your non-US citizen partner’s immigration status.

What’s a Prenup?

A prenup is like a relationship roadmap, outlining how assets and debts will be divvied up if things don’t go as planned. It’s not the most romantic topic, but it’s a practical one. Think of it as setting the ground rules for your financial future together. Now, here's where things get a bit spicy. While prenups offer financial security, they can also pose risks to the immigration status of the non-US citizen spouse.

Immigration authorities scrutinize marriages involving a non-citizen to ensure they are genuine. Having a prenup will not make or break your immigration case. Now a days many brides are signing prenups before marriage. This will not lead immigration to find that your marriage is not a genuine one. For your immigration case, make sure to submit evidence that you and your spouse have the intent to build a life together. For example, you may provide evidence of travel history, residing together, and joint financials. Focus on showing the positive side of the relationship and you will be fine even if you a prenup.

What to Do?

Here’s how to make sure your prenup is fair, fun, and immigration-friendly. Lay all your financial cards on the table. Both of you should have your own lawyers. This ensures everyone understands the deal and feels good about it. Avoid harsh or one-sided terms. A balanced prenup is more likely to hold up in court and keep immigration officers happy. Keep thorough documentation of the relationship, including evidence of genuine commitment, shared life activities, and mutual support. Before you sign anything, talk to an immigration attorney. They’ll help you navigate the legal maze and avoid potential pitfalls.


Patricia Elizee is the managing partner of the Elizee Law Firm, an immigration law firm located at 1110 Brickell Avenue, Suite 315, Miami, Florida 33131. Phone 305-371-8846. The law firm was established in 2012. Ms. Elizee earned her Juris Doctorate at the University of Miami School of Law and her Masters in Law from the University of Washington School of Law.


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