Foreign Husbands and Brides (Mail Order Brides) and Prenuptial Agreements
Generally, a prenuptial agreement is an agreement signed prior to the marriage that states how money and property will be divided if the marriage dissolves.
There are special considerations when drafting a prenuptial agreement for a foreign bride. Specifically, before the fiancee moves to the United States, the American citizen (Petitioner) must sign documentation and an affidavit stating he or she will support his fiancee so that that fiancee will likely not receive government assistance in the future. The Petitioner will be required to prove that he earns or has assets that is at least 100% of the minimum income listed for his household size under the federal poverty guidelines. Later, he will need to meet a higher requirement when the wife applies for a green card after the marriage.
These support obligations may make if difficult to enforce a valid waiver of maintenance and support. If you are considering marrying a foreign citizen and desire to protect your assets, call Attorney Cristina Hinds now at (702) 940-1234 to discuss your options.