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Could a prenup have immigration impacts?

Some events in a person’s life can give rise to family immigration issues. One such event is getting married to a person from a foreign country. When a U.S. citizen marries a foreign national, one immigration option that opens up is that they may be able to pursue a green card for their spouse.

This family immigration issue is one that many couples may be navigating these days. In recent times, some U.S. citizen-immigrant couples have been looking into moving up their wedding plans. It is thought that fear over what will happen with U.S. immigration policy moving forward is behind this trend.

Many things can have the potential to have impacts on a newly married couple’s efforts to get a green card for a non-citizen spouse. Among these is whether they have a prenup and what terms the prenup contains.

One of the issues officials look into when it comes to requests for green cards for spouses of U.S. citizens is whether the marriage is legitimate. A marriage being found to not be “real” is one of the things that can lead to such a request being denied.

There are various things officials may look at when determining whether the marriage of a U.S. citizen and a foreign national is legitimate. This includes any prenup they have. If officials find that the terms of a prenup point to the possibility that the marriage isn’t “real”, it could have significant family immigration impacts for the couple.

As this illustrates, family immigration issues related to requesting a green card for a non-citizen spouse can be very complex, and a lot of different details could end up being meaningful when it comes to such issues. So, when a person here in California is pursuing a green card for a spouse, they may want an experienced immigration lawyer’s guidance throughout the process.

Source: The Boston Globe, “Immigration fears lead to sped-up weddings — and prenups,” Katie Johnston, April 2, 2017

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  • American Immigration Lawyers Association
  • State Bar of California | California Board of Legal Specialization
  • Avvo
  • Orange County Bar Association
  • Irvine Chamber