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  1. #1
    Join Date
    Feb 2008
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    5

    Default U.S. Citizen Seeking To Understand Impact Of Marrying An International Student In USA

    Dear All:

    Thanks for your help in advance. I am dating an international student from Vietnam here in California and she's just starting ESL classes at a community college. It's very clear to me that she is here in hopes of finding someone she loves and marrying him as a primary way to stay here. The reason for this is because her family simply cannot afford supporting her financially for 4+ years of schooling and then waiting for her to find a job to obtain an HB-1. Getting married here will allow her to pay in-state tuition fees and also allow her to get a normal (not under-the-table) job. I do see a future for us and want to help her by marrying her. The reasons for marriage are because of love, compatibility, but the timeline is earlier because of her situation. Despite what others around me warn me, I trust she is not using me for marriage.

    That said, I want to understand the implications of marrying her and make sure I understand and am protecting myself against any potential risks.
    1) If somehow our relationship ends mutually, but we are still friends and I want to continue to stay married on paper to help her attain green card status, how long must we remain married before I can divorce her without affecting her status here?

    2) If I find out she is in fact using me, I would naturally want to divorce her. Can I do this alone, or must we have consent from both sides to be able to do this? I worry because if I stop seeing her and meet another woman that I do want to marry, does she have the power to keep me from getting a divorce and moving on to marry another? Can a prenuptial agreement give me the right to divorce at my sole discretion?

    3) When marrying an international student that is trying to get a green card, do I automatically get bound by all laws of marriage? Particularly, I'm interested in whether or not she will get half of all my assets if we divorce. Or, do I have to set up a prenuptial agreement on that?

    Thank you so much for your help!!
    greenguy38

  2. #2
    Join Date
    Jan 2008
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    Toledo, OH
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    16,307

    Default Re: U.S. Citizen Seeking To Understand Impact Of Marrying An International Student In

    When marrying an international student that is trying to get a green card, do I automatically get bound by all laws of marriage?
    Yes.

    Because marriage is marriage and if you mean to undertake such a union, you're either in it for the long haul, the real deal, the "Hey honey, what do you think our 75th wedding anniversary party will be like?", or it's a sham.

    Immigration doesn't like sham marriages and they will ride down on you like the Wrath Of God if you try to pass one off on them.

    Don't.

  3. #3
    Join Date
    Feb 2008
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    5

    Default Re: U.S. Citizen Seeking To Understand Impact Of Marrying An International Student In

    Thank you for your inputs, LawResearcherMissy. It certainly wouldn't be a sham marriage since she is my girlfriend and we are indeed in love.

    Given it is bound by all normal laws of marriage, then I should be able to protect both her and myself financially via a prenuptial agreement, right?

    Any insight on items #1, #2 above?

    Really appreciate the help.

  4. #4
    Join Date
    Feb 2008
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    5

    Default Re: U.S. Citizen Seeking To Understand Impact Of Marrying An International Student In

    Guys, can anyone offer more insight???

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
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    28,906

    Default Re: U.S. Citizen Seeking To Understand Impact Of Marrying An International Student In

    If you want a prenuptial agreement, what's stopping you?

  6. #6
    Join Date
    Feb 2008
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    5

    Default Re: U.S. Citizen Seeking To Understand Impact Of Marrying An International Student In

    Hi Aaron:

    Thanks for chiming in. I guess my main concern is really understanding what I need to look out for because I've read so many cases of marriage fraud here. I believe my girlfriend is not using me (there is absolutely love here), but I need to be smart and 100% informed before I get into something I don't understand.

    It's one thing for a girl to pretend to love you and then stay with you long enough to get a green card. I might be able to live with that because if at the end that is all she wanted, and she was able to trick me for X number of years, then I deserve it. But I do want to understand and stay protected on the financial side.

    Getting more specific than some of my more general questions earlier in the thread:

    1) To what extent can a prenuptial agreement protect my financial assets? Can I require that if we divorce, that we don't split any assets?

    2) My plan is to stay as financially separate as possible until she finishes school and gets a real career. Before then, she would start applying for student loans and maybe take on a car loan. If we divorce, can a prenuptial agreement protect me from acquiring any of that debt, such as student loans?

    3) Worse case scenario, if I find out indeed she is using me (a year or two into our marriage). Perhaps she cheats on me or I find some secret letter where she tells her friend that she doesn't really love me and can't wait until she gets her green card to divorce. Can I initiate and make divorce happen all alone? She obviously has incentive to fight divorce because she wants to keep her status and stay here in the US.

    This is all very pessimistic and cynical, and honestly I don't see all of this happening but I'm just a very careful person. I want to feel 100% informed and comfortable going into something like this. Most importantly, my family are worried about me doing this and I want to protect myself such that they feel comfortable about me getting married to an international student, too.

    Thanks!

  7. #7
    Join Date
    Mar 2008
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    4

    Default Re: U.S. Citizen Seeking To Understand Impact Of Marrying An International Student In

    Quote Quoting greenguy38
    View Post

    3) Worse case scenario, if I find out indeed she is using me (a year or two into our marriage). Perhaps she cheats on me or I find some secret letter where she tells her friend that she doesn't really love me and can't wait until she gets her green card to divorce. Can I initiate and make divorce happen all alone? She obviously has incentive to fight divorce because she wants to keep her status and stay here in the US.

    Thanks!
    Honestly, I admire you on wanting to be very smart about this marriage thing. If you are having some of these thoughts, I think you should consider to wait longer and listen to your family and friends, they know better (especially when we are in "love").

    For the first two points I would assume it would be true for anyone you will marry no matter what their immigrations status is.

    Regarding the third point here is my view:
    She gets married with you and applies for her GC, this process may go anywhere from 5-12 months. Then, she receives a a 2 year Conditional Green Card and after that she needs to apply for the removal of the condition. If she cheats on you or she shows any intentions that she married you for her GC and you end up ending the marriage, then the law is on your side. In the other hand, if you were to abuse her then she can prove that she can stay.

    Let's say that she stays married to you for 3 years, she can get her citizenship. Then she decides to leave you and get a divorce, she is free to stay in USA. The only thing she can't do at this point is to sponsor a spouse to come to USA until after 5 years she has had the citizenship through you.

  8. #8
    Join Date
    Feb 2008
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    5

    Default Re: U.S. Citizen Seeking To Understand Impact Of Marrying An International Student In

    Thank you so much Vis-a-vis for sharing your views.

    I agree with you that I should wait and that would be the best thing for me. I absolutely want to do that, but unfortunately time is not on my side. I cannot wait a year or two because she is under financial pressure from her family being unable to support her here in the US paying high out-of-state tuitions for that long.

    I'm 25 so I'm not worried about spending 3 years in this relationship to find out she was using me. I am an eligible bachelor and can move on from that emotionally. However, my biggest concern is just financial because I know I will have to sign an affidavit of support and I am doing quite well financially for my age so I want to protect it. She and her family don't mind the prenuptial at all and are willing to go forward with it because they say they are not after my money. They also understand that I'm doing it because of the timeframe/situation and not because I don't trust them.

    What does an affidavit of support really mean beyond qualifying at some income level? Am I legally bound to pay her debts if she cannot pay it? What should I be aware of about an affidavit of support?

    I don't feel like I got a firm answer on prenuptial agreements and their ability to protect me from assuming her debt acquired during the marriage. Can you or another member please clarify?

    Thanks,
    Greenguy38

  9. #9
    Join Date
    Mar 2008
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    4

    Default Re: U.S. Citizen Seeking To Understand Impact Of Marrying An International Student In

    Quote Quoting greenguy38
    View Post

    What does an affidavit of support really mean beyond qualifying at some income level? Am I legally bound to pay her debts if she cannot pay it? What should I be aware of about an affidavit of support?
    As far as my knowledge goes on the Affidavit of Support I-134 you have to show the US government is that the p[erson you are sponsoring is not going to become a problem for the US government. They do not want to pay them welfare, medical benefits and other services provided by the government. In any case, you are financially responsible for this person for 10 years if they have the GC or until they become a US citizen. Mostly this form is for the government benefits.

    The form is I-134 http://www.uscis.gov/files/form/I-134.pdf
    As the sponsor, you must show you have sufficient income and/or financial resources to assure that the alien you are sponsoring will not become a public charge while in theUnited States.

    Joint and Several Liability Issues.
    Sections 1621(e) of the Social Security Act andsubsection 5(i) of the Food Stamp Act also provide that an alien and his or her sponsor shall be jointly and severally liable to repay any SSI, TANF or Food Stamp benefits that are incorrectly paid because of mis-information provided by a sponsor or because of a sponsor's failure to provide information, except where the sponsor was without fault or where good cause existed.
    Incorrect payments that are not repaid will be withheld from any subsequent payments for which the alien or sponsor are otherwise eligible under the Social Security Act or FoodStamp Act.

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