The more unfavorable
the terms of the prenup or postnup are to the immigrant spouse, the more likely it is that an immigration official will conclude that a marriage is a sham for immigration purposes.
In the context of a prenup, there is usually an «initiator» spouse (the one who wants the prenup) and a «compliant» spouse (the spouse that is being asked to agree to
the terms of a prenup).
Not exact matches
The key factors in evaluating a
prenup for immigration purposes are the
terms of the agreement.
One factor among many that can be considered when determining if a marriage is a sham marriage or not is the existence
of a
prenup or postnup, and even more importantly, its
terms.
If one party to a
prenup was not
of sound mind or not capable
of sufficiently weighing the
terms of an agreement at the time
of signing, he may later petition to have the document nullified.
Maybe the initiating fiancé is very influential and almost intimidating to his or her partner, such that the compliant fiancé can't imagine pushing back or asking questions about the
prenup and feels that it's impossible to say no to the proposed
terms of the contract.
It's like a
prenup for businesses, setting the price and
terms of buying the share.
Much
of the
prenup contract deals with the
terms of a possible future divorce.
I have written in the past about the inclusion
of social media
terms in prenuptial agreements («
prenups»).