Transcript of the above video: 

As the title of this video suggests, we are discussing issues associated with prenuptial agreements, K-1 Fiancé(e) Visas and President Trump's or I should say, the Trump Administration's so-called Immigrant Spouse Visa "Pause".

Now what is this pause? We've discussed this in other videos, but basically, Thailand has been placed on the list, along with Cambodia, Laos, and Myanmar and why Thailand is on that list is beyond me, especially when looking at the fact that Thailand has been America's oldest Ally in East Asia since ever, but okay here we are. Basically, the administration is saying, "hey we are retooling our framework by which we ascertain whether or not somebody is likely to go on welfare in the United States." 

Until the time at which they come back to us with this new framework, they have been issuing 221(g)s, which is basically a refusal pending further documentation, on the presumption that somewhere down the road, we are going to see them change this framework and then we can continue processing those Visas. As a practical matter though, right now it is not possible to get an Immigrant Spouse Visa processed out of any of the four countries I have just mentioned including Thailand. So where does that leave people? 

Well currently, it's possible to process a K-1 Fiancé(e) Visa ironically. Then that begs the question, well prenuptial agreements. I want to get a prenuptial agreement. I want to marry in Thailand with this prenuptial agreement. First of all there are issues with that compared to having a prenuptial agreement and then having the underlying marriage occur in the United States. For a variety of different reasons, it changes the legal complexion of both the agreement and the possible later adjudication of the agreement; for those that want to get into details on that, I urge those to contact a legal professional, gain some insight and guidance. 

That being said, and for purposes of this video, what to understand is if the Immigrant Spouse Visa is effectively not possible, it may be a better idea to deal with a prenuptial agreement and matters pertaining to the marriage in the context of the K-1 Visa. So basically, process the Fiancé(e) Visa, deal with the prenuptial agreement while dealing with that process, then get that person to the United States - that prospective spouse - and then marry in the United States so that the prenuptial agreement operates under US Law while also getting that person physically into the US notwithstanding this Visa pause. Again, I think the analysis on this will shift as time moves forward especially in the event that things with regard to this Visa pause change. 

That being said, it remains to be seen how this plays out, so we will certainly be keeping folks updated on this channel as the situation evolves.