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: 125,829
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 4 months 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 4 months 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 4 months ago
I meant to say that her family helps her along.
Customer reply replied 4 months 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 4 months 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 4 months 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 4 months 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: 125,829
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?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 125,829
125,829 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:

Ely

Ely

Counselor at Law

24,657 satisfied customers

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

INFOLAWYER

INFOLAWYER

Attorney

22,408 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

125,829 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 Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
My son has been dating a girl who came into the US on a
my son has been dating a girl who came into the US on a nanny visa, for about 2 years. She has applied for a student visa and it was just recently denied and told she needed to leave within 30 days. T… read more
LegalGems
LegalGems
Juris Doctorate
12,519 satisfied customers
What do I need to do if I know someone who is in the country
What do I need to do if I know someone who is in the country and … read more
LegalGems
LegalGems
Juris Doctorate
12,519 satisfied customers
My girlfriend and I want to get married, however we want to
My girlfriend and I want to get married, however we want to know if we are responsible for each other's debts. … read more
socrateaser
socrateaser
1,031 satisfied customers
My fiance is in the United States on a tourist visa and it
My fiance is in the United States on a tourist visa and it has expired. We just had a premature baby who is remaining in the ICU for another month. What do I need to keep my fiancé here? thanks.… read more
KLAW
KLAW
Juris Doctorate
2,259 satisfied customers
If a person has been in the US nine years with a valid
If a person has been in the US nine years with a valid French passport and nothing else, is there any way to legalize status? … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
My girlfriend and I are conyemplating marriage. We each have
My girlfriend and I are conyemplating marriage. We each have our own assets and plan to execute a prenup to keep these asets separate. Our concern is that if one of us becomes ill and needs long term … read more
Delta-Lawyer
Delta-Lawyer
Doctoral Degree
3,510 satisfied customers
I have a prenup in Pennsylvania. and been married for 5 years...the
I have a prenup in Pennsylvania. and been married for 5 years...the prenup, in my attorneys opinion and mine, is pretty bullet proof. Every single asset with an account number and balance was on the s… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
37,838 satisfied customers
I live in Wisconsin. I have been married 12 years second marriage
I live in Wisconsin. I have been married 12 years second marriage and signed a prenuptual agreement initiated 30 days prior to our wedding. As it's turned out my husband continued to earn a healthy re… read more
Ray
Ray
Lawyer
Doctoral Degree
33,336 satisfied customers
I live in the State of Texas. In 2003, I was single and purchased
I live in the State of Texas. In 2003, I was single and purchased a home. In 2007, I married in November after we signed a premarital agreement in May. In the prenup, it specifically states that each … read more
Ray
Ray
Lawyer
Doctoral Degree
33,336 satisfied customers
Please help me, my husband says that I brought nothing into
Please help me, my husband says that I brought nothing into the marriage so I do not deserve any of his retirement. (until he dies) we are both retired. I have no money other than unemployment and thi… read more
Ray
Ray
Lawyer
Doctoral Degree
33,336 satisfied customers
My friend and I (male and female) have been living together
My friend and I (male and female) have been living together for nearly five years to look after each other in our old age. We both had a single person's age pension when we met and still do. We have a… read more
Ray
Ray
Lawyer
Doctoral Degree
33,336 satisfied customers
My son is 19 years old and has had the same girlfriend (Cece)
My son is 19 years old and has had the same girlfriend (Cece) for over a year. Cece is 19 as well and from Argentina. Her father recently went back to Argentina due to not being able to find work here… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
Out of status student want to get back to legal resident ...
Out of status student want to get back to legal resident. I just wonder how could a person get back to legal status. Reinstate or out od the country then came back with new Visa were impossobile. Beca… read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
I have a girlfriend who lives in peru, she wants to live ...
I have a girlfriend who lives in peru, she wants to live here with me and go to college here, we don't want to get married just yet, what would be the best way to do this? If it is marriage then tell … read more
Ed Johnson
Ed Johnson
Senior HR Consultant and Business Devlpm
Bachelor's Degree
6,994 satisfied customers
My girlfriend entered the US on a student visa. This ...
My girlfriend entered the US on a student visa. This visa has expired some time ago. To make matters worse, her purse was stolen which contained her passport and other identification. She still has he… read more
Myron Morales
Myron Morales
Immigration Attorney
Doctoral Degree
290 satisfied customers
Young lady marries a man who is illegal immigrant, she was ...
Young lady marries a man who is illegal immigrant, she was here legally at the time however, due to this marriage proposal and marriage she stays beyond the time limits that her visa that she had at t… read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
My girlfriend has been living in the United States for ...
My girlfriend has been living in the United States for several years first on a student visa and then a work visa. She did not renew her work visa last Nov 06, as she figured she would be going back t… read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
My girlfriend is comeing to the US on a student visa.
My girlfriend is comeing to the US on a student visa. We plan to get married while she is here. Once we are married and file for residence, she cannot leave the country until she the paperwork goes th… read more
Ed Johnson
Ed Johnson
Senior HR Consultant and Business Devlpm
Bachelor's Degree
6,994 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