Anonymous
Anonymous asked in Politics & GovernmentImmigration · 1 year ago

if i marry him can i put this on our marriage contract?

if i get married to a non u.s citizen, can we put on our marriage contract that he won’t become a citizen through our marriage?? because i know when a u.s citizen marries a non u.s citizen, it makes it easier to become a citizen of the u.s. i just don’t want to get used. he says if that’s the way to make me believe he’s not after me for that, then we can put on our marriage contract that he won’t become a citizen from our marriage.

9 Answers

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  • 1 year ago

    Getting married makes no difference to citizenship whatsoever. There is nothing to stop someone from applying for it, but, that is true whether they are married, or not.

  • Foofa
    Lv 7
    1 year ago

    You could always marry him then not sponsor his green card (meaning he'd have to remain in his home country). But once he's got that green card and once he's removed the marital conditions from it (about two years into the marriage) he's free to divorce you, remain in the US and then in a few years to apply for naturalization. But no, you can't undercut US federal law on this just to address your sketchy choice in a marriage partner. So if you suspect he's just using you for immigration advantage don't marry him.

  • 1 year ago

    No - but you can refuse to sponsor his visa, which means he can't use you to get citizenship

  • 1 year ago

    @ Fatoo The other answers are correct and no "contract" can prevent him from applying for citizenship after three years as a US Permanent Resident married to a US citizen. However, his PR status will be "conditional" for the first two years he is a PR and to have the conditions removed the two of you must be living together as a married couple and you have to certify the marriage is still valid.

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  • Edwena
    Lv 7
    1 year ago

    I doubt that it is enforceable. (1) If you marry, you are married, regardless, (2) you cannot prevent his rights to be a legal citizen. What you could do is stipulate that it is a reason for divorce and that he would waive any financial obligations that he would otherwise be entitled to.

  • Lisa A
    Lv 7
    1 year ago

    You can simply NOT file a form I-130 for him.

  • 1 year ago

    Your prenuptial agreement is irrelevant to immigration. If you want him to join you in US, YOU must file the petition for K-1 fiancé visa for him to enter US. You must prove you earn enough to support self, any dependents, plus him. IF approved, you have 90 days from the date of his entry to marry & file for his Adjustment of Status. No alternative if the two of you are planning to live together as husband & wife in the US. And if you divorce, you remain liable for his full support for at least 10 years. The only way out is an annulment based on proving he deceived & defrauded you for monetary & immigration benefits, and you have to get him back to his own country.

    Tell him you want him to sponsor your immigration to his country, that you want to get to know his family, friends, country & culture. If he balks, he's using you.

    If you have concerns about being used, you probably are. Listen to your gut! And watch for any of the red flags common to marriage fraud, immigration fraud. Hasty declarations of "love" in an online communication, when you two have not yet met in person. Insistence on moving to US & refusal to consider sponsoring you to his country. Wanting money from you, especially prior to establishing a strong commitment to the relationship, or "pleas of poverty," inability to find a job in his own country (the person likely has no skills to work & contribute to a married household), and similar excuses.

    Since he does not get "citizenship" through marriage, but immigration & possible legal permanent residency through your sponsorship, what he says about the "marriage contract" is totally irrelevant, and he could be playing you. Assume he knows such a "contract" or prenuptial agreement is not relevant or enforceable! Drop the "marriage contract" nonsense as it does nothing at all to protect you.

  • 1 year ago

    No. You can't rewrite federal law. If he meets the requirements set by Congress, then the government has to follow the law, not your contract.

  • 1 year ago

    Marriage isn't an automatic green card or citizenship, there's a whole complicated process to go through separate from marriage to gain either of those

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