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Thai Prenuptial Agreements and K-1 Fiancée Visas

Transcript of the above video:

As the title of this video suggests, we are discussing K-1 Fiancée Visas and prenuptial agreements and how they interact. What are we talking about here? We frequently see prenups being done when dealing also with the K-1 process, the K-1 process being the process of using a visa to bring a fiancée to the United States to marry that fiancée in the United States and then file for Green Card status; file for Lawful Permanent Residence.

Now usually, what we see is we usually draft or resist in drafting or reviewing a prenup quite a ways before the Visa is actually issued. Issues can arise involving implied duress and that is something you want to carefully watch out for. So yeah prenups are an integral part of certain, in a sense kind of an integral part of getting one's fiancée to the United States; in some cases it is not. In some cases, folks opt to have most matters pertaining to their marital state delineated prior to the arrival of the fiancée in the United States and the marriage in the United States. 

Again formalities are a real issue, you want to make sure you are dealing with somebody that knows what they are dealing with. Again I am an American Attorney; I do have Thai nationality; I am Thai but I am not a Thai Attorney. The Thai Attorneys here in the office deal with things like drafting the Thai side of a prenuptial agreement and then I may assist in that or we may review a prenup that has been done by somebody else and we will review it with our client as is needed. So again, in a sense, a prenup can be, that process kind of runs concurrent with the processing of a K-1 Fiancée Visa.