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What Financial Information Must You Disclose When Sponsoring an Immigrant

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  • 07-09-2015, 11:32 PM
    CaliforniaDriver
    What Financial Information Must You Disclose When Sponsoring an Immigrant
    If a USA male citizen (born in San Diego) wants to marry a female Asian student here on an student visa, then:

    1. Does the man have to disclose all his financial information to whichever agency controls a marriage visa or whatever is the technical term? Or show enough to verify support?

    2. If the man and woman both want a pre-nuptial agreement, must that agreement be disclosed or may it stay private between the two partners?

    Please no lectures on if you love and trust each other then these subjects are moot. Way too many friends who thought their marriage was forever and made a sincere effort have been raked over coals, especially when they were breadwinners.
  • 07-10-2015, 12:08 AM
    Dogmatique
    Re: If a USA Citizen Wants to Marry an Asian Female Student on Student Visa, then
    You would sponsor her using the I-864 which is the Affidavit Of Support.

    This obligates you to ensure that she does not become a public charge, by providing - if necessary - support up to 125% of the Federal Poverty Level. Your obligation ends only if one of these things happens:

    You die, or she dies
    She abandons her residency (be it voluntarily or involuntarily)
    She naturalizes
    She earns 40 qualifying SS quarters.

    If you fail to do so, both she and the Government can take steps to enforce it.

    Now onto prenups. Because the I-864 is a contract between the sponsor and the Government, the consensus is that nope, it doesn't free you from the obligation. You can read this case if you like, because it does go a long way in explaining the whys and wherefores.

    So essentially, the prenup - at the moment - looks like a bust.

    And there's Shah v Shah out of New Jersey
  • 07-10-2015, 11:57 AM
    T53147
    Re: If a USA Citizen Wants to Marry an Asian Female Student on Student Visa, then
    The prenup may be useful for reasons other than trying to override the affidavit of support, BOTH parties should have attorneys representing them during its drafting.
  • 07-10-2015, 12:13 PM
    Dogmatique
    Re: If a USA Citizen Wants to Marry an Asian Female Student on Student Visa, then
    Absolutely!
  • 07-13-2015, 09:10 PM
    CaliforniaDriver
    Re: If a USA Citizen Wants to Marry an Asian Female Student on Student Visa, then
    Quote:

    Quoting T53147
    View Post
    The prenup may be useful for reasons other than trying to override the affidavit of support, BOTH parties should have attorneys representing them during its drafting.

    Other reasons such as __________ ?
  • 07-13-2015, 09:11 PM
    Dogmatique
    Re: If a USA Citizen Wants to Marry an Asian Female Student on Student Visa, then
    Quote:

    Quoting CaliforniaDriver
    View Post
    Other reasons such as __________ ?

    Property division, for one thing.
  • 07-19-2015, 01:43 PM
    CaliforniaDriver
    Re: If a USA Citizen Wants to Marry an Asian Female Student on Student Visa, then
    Dogmatique:

    Showed your reply to several friends and they said you were a genius and knowledgeable. We all had a different question. CHANGE the support to MARRIAGE and is your answer the same? That is if one gets married for at least two years, hopefully a lifetime, then what is your answer?
  • 07-19-2015, 02:16 PM
    CourtClerk
    Re: If a USA Citizen Wants to Marry an Asian Female Student on Student Visa, then
    Doggie is a genius because she came to us... from another country.

    And the majority of prenups are tossed out of court on their behinds... so keep that in mind.
  • 07-19-2015, 02:19 PM
    Dogmatique
    Re: If a USA Citizen Wants to Marry an Asian Female Student on Student Visa, then
    Quote:

    Quoting CaliforniaDriver
    View Post
    Dogmatique:

    Showed your reply to several friends and they said you were a genius and knowledgeable. We all had a different question. CHANGE the support to MARRIAGE and is your answer the same? That is if one gets married for at least two years, hopefully a lifetime, then what is your answer?

    I'm missing something - two years? marriage? As in, "Getting married, staying married before applying ... will this help?" Help me help you :)

    - - - Updated - - -

    Quote:

    Quoting CourtClerk
    View Post
    Doggie is a genius because she came to us... from another country.

    And the majority of prenups are tossed out of court on their behinds... so keep that in mind.

    I just snorted apple cider vinegar out of my nose. It hurt. My cilia are burning. And it's all your fault! :D
  • 07-19-2015, 02:36 PM
    CourtClerk
    Re: If a USA Citizen Wants to Marry an Asian Female Student on Student Visa, then
    Quote:

    Quoting Dogmatique
    View Post
    I just snorted apple cider vinegar out of my nose. It hurt. My cilia are burning. And it's all your fault! :D

    Put the vinegar down and come out with your hands up
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