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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
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Answered in 17 minutes by:
3/19/2018
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
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 4 months 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 4 months 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: 32,264
Experience: Attorney with experience in family law.
Verified
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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.

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