In the past couple of years, U.S. immigration policy has become more restrictive, causing anxiety among American citizens engaged to marry people from other countries. In this blog, we will discuss in detail what may happen to a relationship when it crosses international boundaries and how premarital agreements can bring forth other legal issues.
Immigration law and international marriage
When a citizen marries someone from another country, their spouse becomes a legal permanent resident with access to a green card, which also allows them to work legally in the U.S. This marriage provides them and their future children with an eventual path to citizenship.
Because of these life-changing benefits, federal authorities require comprehensive proof from the couples that can help showcase that their marriages are built from genuine relationships and not just a mere shortcut for them to get immigration benefits for their foreign partners.
The authorities will perform investigations on certain marriages if they have reason to believe it was done for fraudulent reasons. For context, entering into a fake marriage just to give a foreign spouse access to immigration benefits is considered a federal crime in the country.
A prenup may be problematic in a sham marriage investigation
A Florida premarital agreement will not be enforceable if a prospective spouse signed it under duress to do so. If a prenup is drawn up and signed right before a marriage to a foreign person, it may appear to have been signed under pressure and not voluntarily – potentially signaling to the government that the marriage was hastily arranged and therefore — it is more likely a sham.
Also, if the couple’s prenuptial agreement includes a term that keeps their property separate or waives alimony, the immigration authorities may see this as another sign of a fraudulent marriage, especially since most couples mingle their assets to some extent and desire to provide for one another after death.
Premarital agreements, alimony and immigration support
One function of a prenup some couples use is to agree ahead of marriage how to handle alimony should there be a future divorce. However, immigration law requires the U.S. spouse to financially support their foreign spouse until they become a citizen or work for 10 years, even beyond a divorce.
If the parties agree in their prenup to predefine alimony terms and amounts upon divorce, would they have to pay that in addition to the immigration-required support or could one payment meet both obligations?
Consult with a trusted Florida family lawyer today
If you have lingering questions about this private matter, our skilled team of attorneys can investigate your concerns with utmost efficiency. We will also take our time explaining the complexities of immigration law and how it may intersect with prenups.
To schedule a consultation with our firm, Law Offices of Forrest & Forrest, PLLC, call our office today at 954-859-1715 or reach out to us through our online contact form.