No prenup! Just a Will & Testament

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Joyraisin

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I got married in Jamaica., June 2012. I am an American citizen, and my husband is a Jamaican citizen. He never travelled to the USA until I gave him his Green Card and he immigrated here October 2013. I never had him sign a prenuptial agreement before we got married, because I have a "Will and Testament" drawn up in Florida years before I met him that list my mother, sister, niece, and grand nephew as beneficiaries in the event of my death to all that I owned. My husband and I now live in California, is he entitled to anything I own prior to our marriage? I own properties in California, Georgia, Florida, and Jamaica, and they are all in my name as the sole owner of each. What will happen if we should get a divorce? Will I have to give him half of everything I own? even though I have a "will"?
 
He acquires title to everything you build in your marriage. CA is a community property state.
I suggest you speak with your CA lawyer about how best to protect yourself now.
 
This is a very, very important question and can impact you massively.

Exactly what is your husband's immigration status?

Does he have a conditional greencard? The "real" greencard?
 
Yes, he has a temporary conditional Green Card based on our marriage that will expire October 2015. Then he will apply for the permanent 10 years one. June 2014 is two years since we've been married, but only 9 months since we lived together.
 
Joyraisin said:
Yes, he has a temporary conditional Green Card based on our marriage that will expire October 2015. Then he will apply for the permanent 10 years one. June 2014 is two years since we've been married, but only 9 months since we lived together.
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Are you regretting the marriage?
Here's a hint, if you want to PROTECT your stuff, don't marry anyone. Yes, anyone, because they might be lying about the stuff they claim to have. Life is full of trolls, deadbeats, scammers, and cheaters.

Even a prenup isn't bulletin proof. The fact that he or she balks at signing a prenup and speaks about LOVE, great big DANGER WILL ROBINSON sign should light up.
 
My husband immigration status is "CR1" Conditional Resident, He received a 2 years conditional visa upon entry into the USA that expires October 2015. He can then apply to remove the conditional status and obtain the permanent 10 year Green Card.
 
I'm not really regretting the marriage, but I work so hard to accomplish everything that I acquired.
My husband do not have anything that I can speak of, therefore, I want to protect my stuff, and myself from wolves in sheep clothing.
As the saying goes, "Life is like a box of chocolate, you never know what you're going to get". I thought my will would protect me , but I may definitely need more than that now.
 
Joyraisin said:
I'm not really regretting the marriage, but I work so hard to accomplish everything that I acquired.
My husband do not have anything that I can speak of, therefore, I want to protect my stuff, and myself from wolves in sheep clothing.
As the saying goes, "Life is like a box of chocolate, you never know what you're going to get". I thought my will would protect me , but I may definitely need more than that now.
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I know exactly what you mean. If my wife were to predecease me, I'd never remarry or date. I, like you madam, have worked far too hard to let some deadbeat or scammer take one dollar.

Others can comment further, but sponsoring a foreign national also has (or could have) a huge economic impact. You need to see a GOOD lawyer ASAP. I'd rather GIVE my junk away to my children than see a bum steal it!!!!

I wish you well.
 
Thank you all for responding to my question. Please keep me updated on other facts as well. I'm waiting to hear responses from more of you out there who might be in the same position as myself.
 
That's my point... I strongly believe you should work for what you want in life, and that I did. My husband just seem like the kind of man that wants to get things for free, and I will not give anything up without a fight. He needs to work as hard as I did to achieve his own. I will see an attorney ASAP with regards to a POST Nuptial agreement.
 
Then you cannot afford to NOT have an attorney.

You sponsored him - and that can potentially leave you on the hook for supporting him indefinitely.

Unfortunately for you, even though his status is conditional, the matter is considered as having been "adjudicated" and this means you cannot withdraw anything. He can actually change his circumstances without you being present and that also doesn't help you.

A post-nup cannot override the contract you signed with the government (though they can be used to negotiate to at least some degree).
 
Joyraisin said:
That's my point... I strongly believe you should work for what you want in life, and that I did. My husband just seem like the kind of man that wants to get things for free, and I will not give anything up without a fight. He needs to work as hard as I did to achieve his own. I will see an attorney ASAP with regards to a POST Nuptial agreement.
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It seems you may have hooked yourself a deadbeat, a moocher, a leech, and a lout.
Ouch, I'm so sorry about that.
You might also want to start thinking about divorce.
Proserpina has chimed in with some wise remarks about sponsoring the Jamaican beach bum.
Even if you divorce him, you're on the hook to care, feed, and house for him.

You need to start talking to your lawyers tomorrow.

I wish you the well, and hope you can quickly, legally, and cheaply get rid of this ne'er do well.
Assuming, of course, that is what you eventually decide to do.
 
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