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ResourcesVisa & Immigration LawUS Immigration LawTiming of Prenuptial Agreement Signing and Usage of a K-1 Fiancée Visa?

Timing of Prenuptial Agreement Signing and Usage of a K-1 Fiancée Visa?

Transcript of the above video: 

As the title of this video suggests, we are discussing K-1 Fiancé(e) Visas, specifically in the context of prenuptial agreements. What are we talking about here? 

Well timing specifically. Oftentimes different states have issues with regard to things like duress and the timing of when a prenuptial agreement is signed. Also whether or not somebody was sort of placed on the spot to sign it, whether they had enough time to review it and whether or not they had legal counsel; independent legal counsel, very important in matters pertaining to prenuptial agreements, but timing is also an issue. This is why oftentimes when we are processing K-1 Fiancé(e) Visas, we will often deal with the prenup in usually the last 3 months of the overall process of the K-1 Fiancé(e) Visa. That way, timing issues are all basically smoothed over, you don't have issues with regard to timing, don't have issues with regard to undue influence or duress as oftentimes the prenuptial agreement is signed here in Thailand in the person's home country. It's reviewed with them. We often refer folks over to Attorneys to allow independent review in their own language of the prenuptial agreement, and we do it in such a way that there is a prolonged period of time between the time that they sign the agreement and the time they go to the United States and eventually get married. All of these are rather necessary from a timing standpoint because you want to ensure that you do not show any type of duress – or not so much show - but you do not place the person or either party that's entering into a prenuptial agreement under any type of duress that could later cause the thing to be unraveled effectively. 

So the thing to keep in mind with this video and the thing that we are talking about is look at the end of the day you can file for and process a Fiancé(e) Visa, at the same time draft a prenuptial agreement, have that signed and formalized correctly before the fiancé(e) travels to the United States in order to then at that point, get married and try to adjust to Permanent Residence or Green Card status in the United States.