Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Looking for helping with question about a potential prenup…

Looking for helping with...

Looking for helping with question about a potential prenup should I marry my girlfriend who's overstayed a student visa.

Lawyer's Assistant: What steps have you taken? Have you filed any paperwork with the U.S. government?

Nothing. We have had only mild talks about marriage.

Lawyer's Assistant: Have you talked to a lawyer about the student visa?

No-starting here

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No-thanks!

Show More
Show Less
Ask Your Own Legal Question
Answered in 2 minutes by:
3/19/2018
Law Educator, Esq.
Category: Legal
Satisfied Customers: 123,244
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

What is your question for us regarding this?

You do realize that you marrying her would not make her legal in the US and in all likelihood she will be denied a marriage visa based on overstaying?

Ask Your Own Legal Question
Customer reply replied 1 month ago
Did you get my reply? Screen went blank. I'm not sure if my question went to another lawyer after I started again.
Customer reply replied 1 month ago
I did not know the information that you provided. So, is there anything that we can do, other than date kind of illegally or give up? She's from Switzerland. If we were able to get Mary, my question would be about the validity of a prenup. Neither of us are wealthy, but I have about three times more assets. I am 49, she is 47. Her only source of income is from the Swiss disability system due to a disability and family money. Her family helps her lawn. Could a prenup protect me for certain with my retirement accounts? I really don't afford I can feel to give up anything especially at my age ?
Customer reply replied 1 month ago
I meant to say that her family helps her along.
Customer reply replied 1 month ago
Are you still there? Somehow another lawyer, a family lawyer, responded with the prenup questions, but didn't know the immigration items, and I should ask an immigration lawyer. If she can't get legal, it makes me wonder if we should really continue if it will just lead in heartache or eventual deportation.

Thank you for your reply. No I did not get your reply.

You need to use the REPLY button here if you would like me to respond. Sorry for any inconvenience.

Ask Your Own Legal Question
Customer reply replied 1 month ago
I have a submit button, not a reply button.

Okay, your view looks different than the expert's view. Do just what you just did and give me your question so I can answer you.

Ask Your Own Legal Question
Customer reply replied 1 month ago
My question now is really is there anything we can do? I'm getting pretty tired of running around with an undocumented girlfriend and I feel it's going to hurt me professionally soon. Her student visa expired one year after she graduated from college in 2007. She also owns her own home here, a gift to her from her parents, a small condo worth about 70 k. If she's deported what happens to the condo?
Customer reply replied 1 month ago
I mean, since you indicated that the marriage would likely not be valid in the US

Thank you for your reply.

I am sorry to hear that she overstayed, but the reality is that under the new strict enforcement of the existing immigration laws, she is going to have a huge issue. If she has overstayed more than 6 months she is looking at a minimum of 5-10 years of inadmissibility to the US for a green card or any other type of visa.

If you apply for a K-1 or fiancee visa or ultimately for a K-3 spousal visa, when they see she has overstayed, they will deny her as inadmissible. You can file a waiver of inadmissibility and try to explain good cause for why she overstayed, but quite honestly the majority of those waivers are simply denied without reason.

I hate to be the bearer of bad news, but right now it looks like unless they change the laws she would be refused a green card.

As far as her ownership of property, she still owns it, she does not lose ownership, but she would need to rent it out or sell it, because they would not allow her back in the US to use it

I know this is a tough situation that you are in and the news under current laws and enforcement is not great for you, but that is what you are facing right now I am sorry to say.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 123,244
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Law Educator, Esq. and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 123,244
123,244 Satisfied Customers
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Law Educator, 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:

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

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

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

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

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

123,244 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
This is, i need to petition the court for ownership of a
this is mike, i need to petition the court for ownership of a vehicle. there are no claims or liens against the title . how does one word a petition for ownership? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
123,244 satisfied customers
I recently signed up for a vacation ownership in Orlando
I recently signed up for a vacation ownership in Orlando Florida but after reviewing the agreement this is not what was told to me verbally. I have not paid the down payment or any of the monthly paym… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
36,614 satisfied customers
I have received ownership certificate from ghana for gold
I have received ownership certificate from ghana for gold bars to be shipped to me. Is the true … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,180 satisfied customers
Is it legal to change ownership of a LLC when no money has
Is it legal to change ownership of a LLC when no money has transpired … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
36,614 satisfied customers
I was trying to file a lsuit regarding ownership of 2
Hello. I was trying to file a lsuit regarding ownership of 2 pets... … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
I currently have a 20% share /ownership in my family
I currently have a 20% share /ownership in my family business. The share was given to me through my father, however I found out that my father had my sister give me 10% of her share and my father gave… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
Can my ownership in my company that I own 45% of the shares
Can my ownership in my company that I own 45% of the shares be stripped if the company if suffering financially and my partners have money to put in and I do not? … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
491 satisfied customers
I have a question regarding pet ownership when separating
Hi.... I have a question regarding pet ownership when separating from a domestic partner. My boyfriend and I broke up about two weeks ago and I am still living with him temporarily until I can find an… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,864 satisfied customers
If I transfer ownership of my house and prop. Sorry, if I
Sorry, if I transfer my property to my child can I legally keep insurance on the property in my name? I will continue living on the property until my death. … read more
Ray
Ray
Lawyer
Doctoral Degree
32,108 satisfied customers
I have a question about dog ownership. Colorado. I am being
Yes, she claims she has texts saying it was a gift. I have paid for everything and even found out she illegally did not get her rabies vaccine so I got those taken care of and those are all in my name as is bill of sale… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
I am being gifted shares of ownership at my company but we
I am being gifted shares of ownership at my company but we are stuck on “causation for termination” - right now, I can be terminated for any “reason” but I need to somehow protect myself so I need to … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,820 satisfied customers
In a small business partnership, where ownership is divided
In a small business partnership, where ownership is divided 60/30/10, can the controlling share (my dad)be transferred to more than one person (my brother and I) so that we don't have to slit it up in… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,149 satisfied customers
Having a will in your favor means that the ownership of
having a will in your favor means that the ownership of whatever has been left to you is guarantee? … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,180 satisfied customers
Do I need a lawyer to switch ownership of property. Dillon
Do I need a lawyer to switch ownership of property … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I own a LLC company located at VA and I have 100% ownership.
I own a LLC company located at VA and I have 100% ownership. I do have some financial difficulties and looking for a partner. But the guy who would like to join. He doesn't want to be a partner. I am … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
On a legal agreement for joint ownership of a home between
On a legal agreement for joint ownership of a home between two married couples (Maryland) I have a couple of questions. What does this mean? "This agreement shall constitute a covenant and agreement r… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If you have transfer of ownership and money is being
if you have transfer of ownership and money is being escheated to state and oil want affidavat of hiership in order for monies need legal help … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
If I change the ownership on investments out of my name and
If I change the ownership on investments out of my name and withdraw funds from my bank account prior to filing for divorce, will that protect those assets from the 50/50 division in CA? … read more
Thelawman2
Thelawman2
Doctoral Degree
1,352 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