What Documentation Do You Need to Marry a Foreign National

For two years now my neighbor has been dating and now living with this super-nice 31 year old Asian from China here on a student visa for now almost three years. He is considering marriage, but he heard conflicting and variable stories of what documentation he must supply to Homeland Security. Does she need to show that he can supports her, or must all his assets be "exposed" ?

He also is contemplating a pre-nuptial agreement. Does Homeland Security has a right to see that document ?

A pre-nup won't help him as far as his obligation goes, (I'm referring to the sponsorship via the I-864 Affidavit Of Support) but he's required to provide evidence that he can support his "super-nice" friend without their needing to use means-tested welfare-type benefits.

He basically provides as much as he needs - and there's no master list. If his intended is on a J visa, s/he has a 2 year "return home" stipulation which means pretty much what it says - s/he must return to the home country for a period of time before coming back.

If they marry and break up, he can be required to support her to 125% of the federal poverty level for up to 10 years after she receives a green card via marriage. A pre-nup will not protect him from his obligations to the government. His assets are important for green card sponsorship only if his income is inadequate to meet the requirements.

If he is unwilling to trust his intended with his financial information, he needs to rethink his plan.

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Quoting T53147

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If he is unwilling to trust his intended with his financial information, he needs to rethink his plan.

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I think he just doesn't want to disclose everything… maybe disclose the minimum which will work.

Deception is not a good way to start a marriage.

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Quoting Disagreeable

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Deception is not a good way to start a marriage.

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Omitting unnecessary and unrequested information is not deception. It's called prudent.

Remember you said that if she has HIV.

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Quoting CaliforniaDriver

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Omitting unnecessary and unrequested information is not deception. It's called prudent.

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Marriage by a US citizen or legal resident to someone without the legal right to remain in the US is not something to be undertaken lightly. The path through immigration legalities, long term obligations and cultural differences make this decision more complex than a normal marriage. The friend should look beyond just the marriage. How is he going to handle the situation of after her becoming a citizen that she wants to bring her family to the US. IS he willing to commit his financial support? Is he willing to have her family reside in their home? Even if he is not committed to support them, is he willing to have his wife funnel her earnings to support them rather than them as a couple and their children? Is he marrying her simply so she can remain in the US or is he willing to learn Chinese and move to China to live? Is she willing to return to her home to live or is she just marrying for a green card? The list goes non and on.

If he has any reservations, he should not marry her. Once she receives a green card on the basis of marriage, he has serious obligations in the event is does not work out.

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Quoting T53147

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Marriage by a US citizen or legal resident to someone without the legal right to remain in the US is not something to be undertaken lightly. The path through immigration legalities, long term obligations and cultural differences make this decision more complex than a normal marriage. The friend should look beyond just the marriage. How is he going to handle the situation of after her becoming a citizen that she wants to bring her family to the US. IS he willing to commit his financial support? Is he willing to have her family reside in their home? Even if he is not committed to support them, is he willing to have his wife funnel her earnings to support them rather than them as a couple and their children? Is he marrying her simply so she can remain in the US or is he willing to learn Chinese and move to China to live? Is she willing to return to her home to live or is she just marrying for a green card? The list goes non and on.

If he has any reservations, he should not marry her. Once she receives a green card on the basis of marriage, he has serious obligations in the event is does not work out.

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THIS ^^^

Time and time again, we see sponsors panicking because they didn't understand that obligation. Sponsored immigrants are more and more frequently using the I-864 as a bargaining tool in divorce, and I'm yet to see any case where the decision has been in favor of the sponsor.

This is a long-term contract between the sponsor and the US Government. The immigrant is the third party beneficiary and has standing to sue in both State and Federal court.

A prenup cannot override the obligation, and the obligation continues until one of these conditions is met:

1. Death of immigrant
2. Death of sponsor*
3. Immigrant earns 40 qualifying SS quarters
4. Immigrant naturalizes
5. Immigrant abandons their US residency.

(* oddly enough, the "death of sponsor" is relatively recent - in the past the deceased's estate could be attached)

I know you guys know this - I was just expanding for the sake of anyone who comes here before they get married..

To the OP -

There is no such animal as "unnecessary and unrequested information". The guidelines are deliberately ambiguous. I'm sure you can grasp why this is the case.

Perhaps you would be more useful to your friend if you hooked him up with an attorney.

This super-nice 31 year old Asian from China, may turn colder than a fish in bed after getting her temp green card. She also could go all VAWA on him also if he does not listen well.