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If two person want to get marry together, but also like to have a prenup agreement as well, and one of the guys is on a non-immigrant student(F-1) visa, should they also provide their prenup agreement to the immigration office/officer during their marriage/green card application? Or is it possible to office/officer to see their agreement in some website, etc(I mean would it be recorded in somewhere?).

I definitely like to have it but a user in one of my other questions mentioned that if an officer sees such a thing he/she may get more believe this is a sham/fake marriage.

Is that true? Will the immigration office/officer ask about such an agreement our will find it out in someway? Or maybe we must to provide/submit it via our application?

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  • Comments are not for extended discussion; this conversation has been moved to chat.
    – SztupY
    May 15 at 20:06

2 Answers 2

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Pre-nuptial agreements are common in the US. Having one is not of itself a problem in a green card application, nor in a marriage. Their existence is not published, nor made available to any government organization. Nor are you required to volunteer the information that you have one.

The answer to your cross-posted question on our Law site is very detailed and informative. It points a number of minor pitfalls that you should be aware of. None of them is likely to be a problem if your marriage and agreement are genuine and normal, and has been drawn up by a lawyer who is aware of your immigration plans.

If you are asked whether you have a prenuptial agreement (either on a form or in person in an interview) you must answer truthfully. Failure to do so is deception and can result in denial of immigration. I do not believe you are required to show it to an interviewing officer if asked, but you must remember that the onus is on you to prove that your application is legitimate, not on the officer to prove that it is not. If there is nothing in the agreement that makes it look like your marriage is a deal for immigration purposes you might be better off showing it to them.

To quote from the other answer:

If the agreement makes it appear that the parties contemplate that the marriage will be short-lived, and that an end to the marriage will occur in the near future, that makes it look like a sham marriage. If it appears that the prime reason for the marriage was financial, and particularly if the US party has apparently been paid or subsidized for entering into the marriage, that also makes the marriage look like a sham. If the terms of the agreement support either of these assumptions, that may cause a problem.

Also the agreement must not attempt to invalidate the legal obligation on the citizen spouse to support the non-citizen spouse (I-864), regardless of the continuation of the marriage.

Both parties must understand the nature of the agreement. This condition is unlikely to be a problem with a spouse who has been studying in the US.

For references to back this up see the linked answer.

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Prenuptial agreement is no-one's business but yours. It will only ever be shown to anyone other than you and your attorneys in case of a divorce (and even then may still only remain between you and your attorneys if you settle).

If you're asked about it existing - you shouldn't lie. However if the USCIS officers make decisions based on it or ask to see it - your lawyers should push back aggressively.

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