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As the title of this video suggests, we are discussing Fiancé Visas versus Marriage Visas in the context of prenuptial agreements. Why are we talking about these things? They are seemingly unrelated. Well they are not. 

The reason they are not, is three of these visas - the K-3 CR-1 and IR-1 - require marriage as a prerequisite for eligibility for the Visa itself. So that means you have to be legally married when you apply for the Visa. Here in Thailand that can have consequences insofar as Prenuptial Agreements have to be registered at the time of the marriage in order to be considered legally recognized under Thai Law. This is important because oftentimes, the legalities, formalities associated with Prenuptial Agreements are different than what those legalities and formalities would be in the American jurisdiction. What I mean to say is a Prenuptial Agreement, it may have to be written, drafted etc. in a qualitatively different way to be accepted in Thailand versus how it would be drafted or formalized to be accepted in the United States. For this reason, there are differences in the analysis with how you go about drafting and formalizing a Prenuptial Agreement in the context of seeking a US Marriage Visa versus how you would do this similar instrument - I won't say the same because there could be real fundamental differences between the documents - if they are done for use in the United States subsequent to a marriage in the United States, subsequent to arrival on a Fiancé Visa, versus Marriage that occurs abroad and then usage of an Immigrant Spouse or Non-immigrant Spouse Visa.

So the point I am trying to make is the Immigration decisions one may be making have knock-on implications for how you would draft and formalize the Prenuptial Agreement. And for this reason, I think it is a very good idea for those who are sort of unsure about these things, they are concerned about issues surrounding Prenuptial Agreements, concerned about issues surrounding immigration to the United States, to contact a legal professional before making any decisions regarding getting married or otherwise, ascertaining as much detailed information as they can regarding their immigration options, as well as their options regarding prenuptial agreements and how the different rules and regulations vary between Thailand and the US and how drafting will differ and formalization will differ between those two jurisdictions, ascertain as much information about all of that before making a final decision as to whether or not to get married first, and formalize the prenup with the marriage, and then seek immigration benefits thereafter or wait to formalize the marriage, wait to do marriage registration if you will, until getting into the United States on a Fiancé Visa and dealing with Prenuptial Agreement drafting associated therewith.