Which is More Advantageous K1 or K3?

[English]

I live in Miami is is faster to marry in Colombia or doing the fiancee visa at this time?

Also If I marry in Colombia and she signs the pre-nup in Colombia, is it still valid in the US?

[HonkyTonk]

Don't know which is faster.

Why would you consider a Colombian pre-nup when you're dealing with US law and your assets

Use US lawyers when dealing with US laws, Colombian lawyers when dealing with Colombia's laws.

Questions? Contact Robert Vignola or Gary Bala.

Don't be a Paul McCartney

[English]

It was something that I heard on the board must have gotten a little confused. Thanks HT

[Robert]

English - Here is an old post I wrote regarding having a prenup agreement prepared in Colombia.

It expands on HonyTonk's question " Why would you consider a Colombian pre-nup when you're dealing with US law and your assets? "
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To prepare a prenup you must fully disclose all of your personal financial information, assets and full net worth to the attorney preparing the prenup.

For those that do not know any better let me educate you.

#1 - YOU MUST BE SMOKING CRACK is you are stupid enough to give all of your personal financial information to any Colombian. No matter what anybody says or promises you, there is no concept of confidentiality. It does not matter if it is a Colombian lawyer or a Colombian taxi driver. In a country where the FARC can get access to your bank accounts and other financial info before they kidnap you - you would have to be the idiot of all idiots to give out your financial information voluntarily to anyone, for any reason
whatsoever. I myself has walked away from business deals here in Cali because I refused to give personal financial data to legitimate banks. The only thing that I can think of more scarey than having my personal financial info floating around in the banking system is to voluntarily give it a Colombian individual.

#2 - YOU MUST BE ARE SMOKING CRACK AND SHOOTING HERION if you thing that there is a chance a USA judge will enforce a pre-nuptial agreement prepared in Colombia. They key to inforcement of a pre-nuptual agreement is complete and full disclosure to the wife of all your financial info AND that she understood it 100% AND that she was not under any duress when she signed the agreement. So - you tell the judge she understood it fully and signed it willingly. He does not believe you and tells you to prove it. What do you do? Fly in the attorney from Cali to testify? Even if you did, I don't think that is going to carry much weight with the judge. Then the sweet, sexy little Colombian girl who is probably 10-20 years younger than Mr. Bad husband, tells the judge how you told her that if she didn't sign the pre-nuptial agreement you would cancel the Fiance Visa or the wedding. She will tell the judge how she was afraid of losing her chance to marry you and that you and the Colombian lawyer pressured her into signing the agreement. WHO DO YOU THINK THE JUDGE WILL BELIEVE?

As an attorney myself I can also tell you that different states have different interpretations of " pre-nuptial agreements. In this legal area there are no cookie cutter opinions.

All of the above being so, if you want a pre-nuptial agreement, put down your crack pipe and herion syringe and work with an experienced USA based lawyer like Gary Bala or with a local family law attorney in your area. They will make sure that your pre-nup has the best chance of surviving court scrutiny in the event you end up in divorce court. If your novia has come to the USA on a fiance visa you will have the 90 day window to work out the details of the pre-nup agreement with your wife-to-be, your lawyer and possibly her lawyer. Full disclosure, complete understanding and lack of duress is a heavy burden to satisfy. That being so, you need an experienced and competent UNITED STATES based attorney working with you. If you need a pre-nuptial agreement, then you have too much to lose by trusting your financial future to a foreign lawyer.

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I hope this makes it clear why NOT TO have a prenup prepared in Colombia.

[LastLion]

It seems to me it would be hard to get a good prenup for any women that oyu bring here. Og course there is going to be diress espacially if there is going to be a 90 day fieance visa and you must work that out.. You know she will not have any money,, you will have to pay for a lawyer for her and that right there could be a clause to get out of a prenup..

Although I am far from that stage, I would not bring a women here without one... No matter how much I loved her.. I have worked all my life for what I have and finally what I have is stating to take care of me.. Wouldn't want to lose that..

[El Capitan]

CRYSTAL....Thanks for taking the time to lend your thoughts...hope the trip is going well!

ElCap