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Prenuptial Agreement Timing And K-1 Visas?
Transcript of the above video:
As the title of this video suggests, we are discussing the Prenuptial Agreement and the K-1 Visa process. We do assist in a number of prenuptial agreements for those who are seeking visas to the United States specifically K-1 Fiancée visas and a number of folks asked me about timing on the prenup “when should she sign it; when should we deal with all of that?”
Generally speaking, we deal with all of those matters over here in Thailand before they leave. Basically we get all the prenup formalized up and dealt with and then they go to the United States. Generally speaking we feel this really does ease the issue of duress because of somebody signing in their home country and they're not put under any kind of pressure to sign anything, again duress can be an issue in these kind of situations as opposed to moving somebody to a country they have possibly never been to before and now they are dealing with foreign law in a foreign land. Again I think those are circumstances that can create a situation where one can say somebody may have been under duress; again different circumstances warrant different analysis.
But that being said, yeah one of the things we do often do is deal with the prenup at the end of the K-1 Visa process. We deal with all of those formalities including the drafting and review it with our clients and then there needs to be an independent review with another Attorney on the part of, generally speaking we are talking about the Thai fiancée and then she needs go ahead - he or she for that matter - needs to go ahead and sign it, deal with the formalities associated with that and then there's usually an interim period between that time and the time of the Visa issuance and the travel to the United states so there's clearly time to reflect on it. There's also again not the issue of duress by having someone have to sign something possibly in a foreign language in a foreign land, under foreign law and it's also a situation where that person maybe feel like they are put under pressure that if they don't sign they are just going to be essentially put on the first thing smoking back to Thailand and that'll be that. Again that is a situation that inspires notions of duress and that is something you definitely want to avoid when dealing with the formalities associated with both Prenuptial Agreements as well as the Fiancée Visa process to travel to the United States of America.