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Immigration concerns causing many couples to rush -- not save -- the date

From the attempted travel ban to the reinstatement of a program mandating the assistance of local law enforcement with federal immigration efforts, the recent actions of the Trump Administration's have understandably left many immigrants on edge.

Interestingly enough, this unease isn't just limited to those individuals attempting to reenter the country or those individuals who are undocumented and have lived without incident for years in the U.S., but also those whose immigration status is legal.

Indeed, reports indicate that many foreign nationals and their American fiancés are now hastening their wedding plans in an attempt to help secure a green card granting permanent resident status faster.

The thought is that the sooner the green card is secured, the sooner the foreign-born spouse can start working toward securing citizenship and, by extension, securing freedom from questions about their immigration status.

While the most recent data from Department of Homeland Security only covers 2013 to 2015, showing that the number of green cards secured via marriage to a U.S. citizen increased by 7 percent, the aforementioned reports indicate that clerks in major U.S. cities have indeed reported seeing an increase in marriage license applications since the November election.

Furthermore, more family law attorneys across the nation have reported a rise in the number of engaged foreign national-American citizen couples looking to execute prenuptial agreements relatively quickly in order to accommodate their expedited wedding plans.

While this course of action is understandable, experts indicate that seeking an quick prenup can actually complicate matters from both a family law and an immigration law perspective.

As far as the former is concerned, validity questions could arise in the event of a divorce in that arguments could be made that the prenup was executed under duress. As far as the latter is concerned, the existence of a prenup keeping assets separate could raise questions among immigration officials as to the legitimacy of the marriage.

It will be interesting to see if this trend continues in the months and years ahead …

If you have questions about securing a green card or any other pressing immigration concerns, consider speaking with a skilled legal professional as soon as possible.   

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