Increasingly, Indian-Americans—second-generation immigrants or ABCDs (American-Born Confused Desis)—are choosing to wed a spouse who was not born in the U.S.
A few of these spouses are on H-1B visas, but some are abroad in India or another country but share similar cultural backgrounds, languages, and values. It is generally an easier fit than dating within the Westernized Indian-American community.
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But where love has no borders, legal problems do as well. Immigration paperwork, work visas, and longer green card waiting periods are all part of it now—and not always so smoothly.
Prenups are part of it too. Indian-Americans are becoming more accepting of premarital agreements. Some are more at ease with them, especially those who have grown up in the U.S. It’s seen as practical, not romantic. Some worry, though—can a prenup scuttle a visa application?
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Actually, it doesn’t. Prenups between U.S. citizens and foreign-born husbands or wives are completely legal. They just have to be fair and in compliance with state law.
The issue is doing it correctly. A prenup that is unfair or one that appears to have been forced on them can cause delays—or worse, mistrust during the green card process.
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Which is why a growing number of couples are seeking out not only an immigration attorney and a family law attorney for help, but both at the same time. They work together to solidify the prenup and visa application.
With more weddings across international borders, merging tradition with legal security is the new norm. It’s not distrust—it’s a desire to protect both parties in an uncertain system.
