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DCF & pre nup

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  • DCF & pre nup

    I am an American living in Ukraine full time.I want to bring a lady back to the states and very proably get married.I like safegaurds of K1 w/ 90 day wait and time to arrange a pre nup in US.However the DCF sounds more direct and efficient for my situation.Question:If I get married here and do a DCF in Kiev,what would be the legal status of my bride when she arrives in the US? Specifically could we do a pre nup there(in US) or it would it be too late.Also does the 90 day period still apply?

  • #2
    I am an American living in Ukraine full time.I want to bring a lady back to the states and very proably get married.I like safegaurds of K1 w/ 90 day wait and time to arrange a pre nup in US.However the DCF sounds more direct and efficient for my situation.Question:If I get married here and do a DCF in Kiev,what would be the legal status of my bride when she arrives in the US? Specifically could we do a pre nup there(in US) or it would it be too late.Also does the 90 day period still apply?

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    • #3
      First off not all U.S. embassies allow Direct Consular Filing (DCF). Second, DCF can only be done for a close relative of a USC (spouse, child, parent). An alien relative petition (form I-130) is filed with the CIS section of a U.S. embassy that has a jurisdiction over the country of the USC residence. The CIS office that handles Ukraine is located in the U.S. embassy in Poland, if I remember correctly. After the I-130 is approved she will have an interview with the Consular section of the U.S. embassy in Ukraine for a CR1 visa. This visa will allow her to enter the U.S. and obtain a green card that is valid for 2 years. She can live and work in the U.S. for 2 years. You will have 90 days to file for removal of 2yr residency condition before her card expires by filing form I-751.

      Cheers.

      Comment


      • #4
        Do the K1 with a prenup; In addition to the 90 day trial period you also get the benefit that if she decides not to marry you she can not marry someone else; DCF will give her an immediate green card and conditional or not will allow her to come here and file for divorce immediately. Make sure that you give her a copy of the prenup in her language and make sure she has her own lawyer review it and have her lawyer sign it or it could be thrown out.

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        • #5
          Her legal status will be permanent resident if you do dcf. Prenups are for before marriage. She will be married when she comes here. There is no 90 days associated with DCF. That is a K-1 stipulation, marry within 90 days.

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