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ResourcesVisa & Immigration LawUS Immigration LawPrenuptial Agreement Execution Timing, K-1 Visas, and Deportation Policy?

Prenuptial Agreement Execution Timing, K-1 Visas, and Deportation Policy?

Transcript of the above video: 

As the title of this video suggests, we are discussing recent effectively changes to effectively deportation policy. I did a recent video where I kind of tipped my hat to Mr. Jim Hacking over there in the United States, another YouTuber, he deals with US Immigration matters domestically in the US. He's been out warning saying, hey look, they are changing policy with regard to if you fall out of status, you could have problems with deportation proceedings.

This can happen. Usually, it's basically a timing error where you have got somebody in the United States, they're there on a K-1 Fiancé Visa, they have 90 days of lawful status, they do get married, they do file for adjustment, but let's say the filing for the adjustment hits the USCIS Post Office or address a day late. There are protocols for that. Obviously postmarks and things count, but the point I am trying to make is timing in the past, if it is a day late, they are not going to make a big deal over it. What he is basically saying now is that is possible; they could do that.

So I also think it is something to bring up that not only is that an issue - and I made another video on that specifically - it's also important to bring up the timing of prenuptial agreements because issues associated with duress and undue influence can come up when you are dealing with a prenup. Major life changes as well as dealing with a situation wherein you are now in a different environment, but then at the same time they are changing all the rules around you where they are saying okay hey, Adjustment of Status now, if you are a day late in getting that thing filed, you could fall completely out of status. That's something I want people to be well aware of now if they're going into the United States in a K-1 status. You need to really be thinking about dealing with that marriage getting done and that K-1 filing, the legalities, legal formalities. I'm not talking about your ceremonies and things, but getting down to a Courthouse, and getting legally married, getting your case on file in a good timely manner, because hey, now there's a policy change. You don't want to just kind of be leisurely about it because if you are a day late, they could put you into deportation proceedings. That then has an impact on prenup timing because you don't want to create the issue of "oh is there undue influence or duress here?" So having a frankly, narrowly tailored timeline especially in the end phase of the K-1 Visa process, basically incorporating in the prenuptial agreement drafting and formality process, and then incorporating that into your timeline with regard to arrival in the United States, marriage and then filing for Green Card status in the US in a timely manner, so as to avoid any possibility of deportation proceedings, you sort of have to work backwards to get that timing sort of smoothed out. 

So moving forward, that's something to think about in the context of dealing with prenuptial agreements and K-1 Visas from the Kingdom of Thailand, but also upon arrival in the United States and dealing with Adjustment of Status.