Ragingbull, Yes I live in Texas, which is a community property state. I seek to protect a business and other real estate assets. I'm consulting a lawyer on the process of a shell LLC. Obviously, assets acquired after the marriage would be community property.
It seems you have things under control, as well as you could. A pre-nup is always best, but if you decide not to get one, you should not commingle your separate property. I don't know what an LLC is.
There was another poster here, I forgot who, but might still be around. He got a divorce, but he did a good job in separating his property from community property. He divorced and kept his real property.
If you have your property commingled, a lawyer told me the formula is to take the value of the property before marriage, and that's your separate property. The appreciation or depreciation of your property after marriage is separate property.
It looks like the business is the difficult one. Anything you put in as capital after the marriage is community property. Perhaps, you can argue that the business is separate property. You can control what you get from the business by a salary, which is community property.
Your lawyer should know better. These are just my thoughts.
Any pre-nup is only valid at the time of divorce if she had a lawyer representing her at the moment of signing who can clearly speak her language and explain to her every nuance of the agreement. If those conditions are not met she can always have it thrown out by stating that she did not understand what she was signing, that she did not have proper representation, and, in extreme cases, that she was forced to sign it as a condition to get married.
Those conditions make it very difficult for anybody to successfully have the lady accept a pre-nup.
I am sure there are a few ladies out there who are only after citizenship. What are the regulations on that? I mean do they have to be married a certain amount of time to retain it. Do they lose it in the case of a divorce? Ragingbull you mentioned someone getting a divorce is that a pretty common thing? Right now times are pretty tough in the USA. Jobs are hard to come by. I am lucky to have mine pretty secure for another 5 years hopefully the economy turns around by then. I have been doing the what if's.
Like what if she is just after a green card, or what if she just comes over to get married for a year then wants to take half my stuff then go back with some extra cash. Hopefully the one that clicks for me is true and honest and is in it for love and the long haul. But you will never know until it happens.
I live in the State of Michigan; my lawyer has informed me that anything I have in my possession prior to the marriage remains mine. The only kicker is if the item (ie: house) appreciates then she would be entitled to half the value of the appreciation from the time you are married. I think this is fair for both parties and an equitable settlement.
BTW... I'm off to visit the cities of Kiev, Lviv and Zaporizhzhia with my girl in 18 hours... I don't think I'll sleep tonight!
I don't believe there is a provision in the USCIS to take the green card back once it is issued because someone is only after citizenship. At least, I have never heard of one. It creates a hardship in getting rid of assets and if there are children. I don't believe the USCIS wants lawsuits and publicity on those.
As far as divorces, I don't know. About a year or so ago, I read that success in marriage with an FSU woman is just a litte bit better than with another American. It went on to say that most failures were because the woman was abused. That was written by a dating website, so make your judgment.
About your assets, she can't take half of it. See my post. Send: 19.08.2009 13:19:50
I know only a little about this (visajourney.com is a highly recommended resource), but if I understand properly, an alien must generally be married to a U.S. for 2 years before becoming eligible for a green card on the basis of marriage.
So if someone marries an American only to get the green card, but their American spouse is sincere, they must pretend or otherwise "tough it out" for 2 years.
If before that time the U.S. citizen concluded that his or her alien spouse entered into marriage not out of a sincere desire for a married life, but rather to obtain U.S. residency, that citizen would have some opportunity to so inform the U.S. State Department, which then might deny the green card.
Or she could play the VAWA card against the US citizen and get what she wants just after marriage without waiting the two years. This is the easiest way to screw a man's life and get to stay in the US without having to do much or wait much.
For reasons like this, you had better be damn sure that she is legit and a good girl before you help her immigrate to the USA.
The green card before the two years is temporary. Will she get denied a permanent green card if What I read in my limited time if you both are no longer married after 2 years? What I read in my limited time is complicated. I am sure hardship can be argued especially if there's a child.
Scott, my post is the 6th one on this page. Perhaps it isn't that clear. What was yours before marriage is yours. What is inherited from your family after marriage is yours. Anything else is community property. She is entitled to one half. If you want your separate property after divorce, you need to not commingle or mix them with your community property. If you do, keep track of what you put in or take out.
I am assuming you are from a community property state. Most states are. If you are not, I believe the above is also valid. I am not a lawyer. Please do not sue me if I am wrong.
Scotty, the above site should explain it some. Take out any spaces.
I posted this before, but someone disputed it. It is to me, the fair thing to do other than the spouse taking half. I remember all of this from my college business legal class.