Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I did not know. My question was about this as well as a

prenup to protect my assets...
I did not know. My question was about this as well as a prenup to protect my assets. I am 49, she is 47. Neither of us are wealthy, but I have slightly more. She has a disability from which she gets $$ from Swiss Gvt. and does errand work in her neighborhood for extra cash. She has family that can also give her money. I was worried 2 items: 1) will trying to get married expose everything and get her deported? Anything else we can do or are we just in a bad situation. Soon, she will not be able to fly and her DL will expire. 2) If marriage, I would need prenup. I cannot part with any retirement savings at my age. I would support her on my insurance. If divorce, would a prenup such as she gets only her assets that she brought to the marriage hold up? Assets are" me $200k (IRA, 401k, savings_. Her$100k, -30k savings and condo assessed at 70k pd in full by parents as gift in 2005. Thanks-gh
Show More
Show Less
Ask Your Own Family Law Question
Answered in 17 minutes by:
3/19/2018
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 31,899
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

1. No. Marriage is governed by the states, and immigration by the federal government. When you go to get a marriage license, they shouldn't even ask about her immigration status. She will need to show valid identification, though, so if her driver's license and passport expire, that will present a problem.

2. Anything you put in a prenuptial agreement and both agree to will be enforceable. She'll need to be given at least a couple of days to decide whether to sign the agreement after it's presented to her to avoid a situation where she claims duress. Also, the document should be translated into her native language by an official translator. That avoids a situation where she comes back later and tries to claim she didn't understand it. (And no matter how good her English is, people still make these claims.)

You should also be aware that if you intend to sponsor her for citizenship, you'll be required to sign a document where you promise to support her if the marriage doesn't work out. That document is a promise to the federal government, and it would override any language in the prenuptial agreement. That doesn't mean she'll get your retirement savings or other assets, but she might be able to claim a monthly payment from you if she's not able to legally work. It would depend on the amount of her government payment plus proven expenses.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

Ask Your Own Family Law Question
Customer reply replied 1 month ago
Hello and thank you for replying. I've had a problem with this site today. Another lawyer briefly started to reply to my question, and the screen went blank. So I started again and got you. The thing that he did right and his reply is that my girlfriend would unlikely be to get a marriage visa because she overstayed her student visa. Her student visa expired in 2008.
Customer reply replied 1 month ago
Also, she is not aiming for citizenship only the green card. So I would not be sponsoring citizenship.

That would be a question for an immigration expert. I'm afraid I'm only able to answer family law questions. I can assist with limited immigration stuff as it applies to family law, but I'm not familiar with all the ins and outs of visa requirements.

The support affidavit is also required for green card sponsorship, though.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 31,899
Experience: Attorney with experience in family law.
Verified
Lucy, Esq. and 87 other Family Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 31,899
31,899 Satisfied Customers
Experience: Attorney with experience in family law.

Lucy, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
My ex husband and I are now divorced. In the marriage
My ex husband and I are now divorced. In the marriage agreement we have agreed to file jointly but I would like to file separately because he owes taxes . Can I file separately? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
I constructed a prenuptial agreement prior to my marriage in
I constructed a prenuptial agreement prior to my marriage in Washington state, without a lawyer and we both signed in front of a notary 9 days before our wedding. Will I have any trouble enforcing It?… read more
Lucy, Esq.
Lucy, Esq.
Lawyer
31,899 satisfied customers
Missouri Family law: 1. What grounds can divorce be
Hello, Missouri Family law: 1. What grounds can divorce be requested? 2. what is the default custody arrangement usually? 3. What is the default support arrangement?… read more
Lucy, Esq.
Lucy, Esq.
Lawyer
31,899 satisfied customers
My question is about my marriage I need to divorce. N Not
Hi my question is about my marriage I need to divorce … read more
Ray
Ray
Lawyer
Doctoral Degree
32,095 satisfied customers
I have a family law question about the judge in my divorce
I have a family law question about the judge in my divorce case in alaska … read more
N.Brown ESQ
N.Brown ESQ
Juris Doctorate
76 satisfied customers
I've been recently divorce in a same sex marriage.. my child
I've been recently divorce in a same sex marriage.. my child currently lives with the other parent full time.. what are my right and chance of reversing the custody situation … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
58,039 satisfied customers
I have a few questions regarding family law (divorce) in
I have a few questions regarding family law (divorce) in Washington state. … read more
Ray
Ray
Lawyer
Doctoral Degree
32,095 satisfied customers
My boyfriend wants me to sign prenuptial agreement before we
My boyfriend wants me to sign prenuptial agreement before we get married. What are the disadvantages for me if I sign that? We reside in California. Can you please explain if the advantage or disadvan… read more
socrateaser
socrateaser
1,031 satisfied customers
I have a family law issue. I have a divorce decree in NYS. A
I have a family law issue. I have a divorce decree in NYS. A separation agreement is incorporated into that decree. The agreement calls for the sale of the marital residence. The house was sold and my… read more
Ray
Ray
Lawyer
Doctoral Degree
32,095 satisfied customers
If a business came into marriage is it part of the divorce
If a business came into marriage is it part of the divorce ownership n name never changed at marriage … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
My husband and I have a prenuptial agreement; filed/live in
My husband and I have a prenuptial agreement; filed/live in Arizona. Can my husband's ex-wife sue for my lottery winnings? It is clearly stated in our prenuptial that any future windfall, inheritance … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,398 satisfied customers
We spoke yesterday regarding Family Law Custody and Divorce
Hello Chris. We spoke yesterday regarding Family Law Custody and Divorce issues in Florida. I have another question in that regard. Is this the place where I ask you that question?… read more
Ray
Ray
Lawyer
Doctoral Degree
32,095 satisfied customers
Its family Law, a divorce one child who is 16 yrs old.
Its family Law, a divorce one child who is 16 yrs old … read more
Ray
Ray
Lawyer
Doctoral Degree
32,095 satisfied customers
This is a family law question. My wife has filed for divorce
This is a family law question. My wife has filed for divorce and we have been married for more than 20 years. However, for the last 7 years, she has forced me to live in the basement and alienated my … read more
LegalGems
LegalGems
Juris Doctorate
11,586 satisfied customers
Family law attorney with international divorce expertise(
Second opinion] This question is for a family law attorney with international divorce expertise( not an immigration attorney)I married my wife in a South American country 15 years ago and sponsored he… read more
Ray
Ray
Lawyer
Doctoral Degree
32,095 satisfied customers
My fiance and I did a prenuptial agreement online on Rocket
Hi, My fiance and I did a prenuptial agreement online on Rocket Lawyer. The prenup agreement is relatively defensive for both of us. We will sign tomorrow the agreement in front of a public notary. We… read more
xavierjd
xavierjd
Juris Doctor
3,361 satisfied customers
Not for Ray and only lawyer, Prenuptial agreement said,"
Not for Ray and only lawyer,Prenuptial agreement said, " 50-50 division ( of net proceeds from sale or otherwise ) between the parties in the event of dissolution of the marriage. "Dissolution of marr… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
58,039 satisfied customers
I am divorced but in a family law court over marriage
I am divorced but in a family law court over marriage settlement of property. At each hearing the judge has made decisions and ordered me to pay more alimony, more fees for the opposing side and not o… read more
Maverick
Maverick
Doctoral Degree
6,135 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x