Immigration Visas & Marriage Fraud

"Green card" marriage, also known as marriage fraud, is often the subject of jokes in popular movies and television shows. Unfortunately marriage fraud really does occur and it can have serious legal consequences for both the individuals involved and their families. Marriage fraud can be defined as the violation of law that occurs when a United States citizen weds a non-citizen for the purpose of obtaining permanent resident status in the U.S.

When a couple files an immigration application, they are granted an interview with an immigration officer. The purpose of this interview is to confirm that all of the information on the couple's application. During this interview, the couple will be asked questions about their relationship and its development, such as "When and where did you meet?" and "How long was it before you decided to get married?" Additionally, the officer will ask questions of each member of the couple individually, such as "What hours does your spouse work?" and "What gifts did you purchase for your spouse this holiday season?" It is recommended that the couple discuss and review some of the major events in their lives such as their first meeting, engagement, wedding and various birthdays/anniversaries before the interview. This information doesn't need to be memorized, however, some couples find it helpful to get on the same page before the interview starts in order to prevent unfortunate slip-ups.

If an immigration application is proven to be false, legally known as fraudulent, the filing couple can face serious consequences. The most immediate consequence is that the individual seeking U.S. citizenship cannot be a beneficiary of any other immigration (family or employment) petition. They may also be deported. The American citizen can face up to five (5) years imprisonment and/or fined up to $250,000 on a charge of criminal conspiracy.

Immigration is a long and complex legal process. If you are or a loved one is considering filing for an immigration visa, you may find that hiring a lawyer with previous immigration experience is helpful. Your lawyer will guide you through the necessary paperwork and help you get answers if you get caught up in red tape.

The Importance of Financial Literacy

Financial literacy is an essential part of running a healthy and stable household. Financial literacy is defined as a set of skills and understanding of how money works and how to manage and invest it in a way that ensures financial well-being. According to a 2013 poll taken by the National Foundation for Credit Counseling in 2013, over 40% of adults graded themselves as a C or below in financial literacy. Unfortunately, American women consistently score lower than men in tests of financial literacy. Since financial literacy gives people the power to make educated decisions on the household finances, it can be hugely beneficial for a household's long-term finances if women acquire this knowledge. Women who are financially literate are more likely to prepare themselves for important life events such as retirement and/or the birth of a child. They may also have an easier financial adjustment period in the event of divorce.

There are many resources available to those who wish to increase their financial literacy. Our government runs a useful program called "My Money" to help educate citizens about the five keys to financial literacy: Earn, Spend, Protect, Borrow, and Invest. More information can be found at the My Money.Gov website. Further information about making wise investments can be found at the Financial Industry Regulatory Authority (FINRA) website. Additionally, online programs such as the Mint.com program can help you track your spending and investments and are a great tool for financial beginners. The Internet can be a great source of knowledge about finances, but not all online sites are accurate and/or reliable, so be sure to stick with reputable sources such as the websites of government or major financial institutions. Enjoy your research!

Infidelity, Stay at Home Parent, or Financially Vulnerable? Consider a Post-Nupital Agreement!

We've written about pre-nuptial and cohabitation agreements, but do you know that many couples are now opting to draw up post-nuptial agreements? A post-nuptial agreement is a legal agreement between a couple that is made after the marriage has already taken place. Couples chose to sign a post-nup for a wide variety of reasons. One common reason that couples choose post-nuptial agreements because one partner has chosen to be a stay at home parent. If the couple decides that one partner will put his or her career on hold in order to stay at home with the couple's children, they may also decide to place the economic protection of a post-nuptial agreement in place. Parents who chose to stay home with their children often not only miss out on their peak earning years but lose time ordinarily spent climbing the career ladder.

If you or your partner has decided to become a stay at home parent, it's easy to protect yourself financially! Your first step should be to consult an attorney who specializes in Family Law. You should explain the specifics of your family's situation. Your attorney can then draft your family's custom agreement. Families can choose whatever financial arrangement is right for them (within the parameters of Family Law) and map out how their assets and the future of your finances in the event of divorce.

Post-nupital agreements have also become popular options for couples who have experienced infidelity. Depending on personal circumstances, couples can draw up anything from a "infidelity clause" in their post-nupital agreement to a shift of assets into the betrayed spouse's name for his or her financial security.

Post-nupital agreements can protect the entire family's financial future and ease the divorce process if it ever occurred. If you are married and in financially vulnerable position as a result, I strongly recommend you look into drafting a post-nupital agreement.

-Kevin P. McKernan

Pre-Nuptial Agreements are Important!

In the past, a "pre-nuptial" was considered to be sensitive conversation topic with a decidedly negative association. Celebrities or those born into fortunes were the only people who signed pre-nupital agreements. Today, pre-nuptial agreements are now considered truly smart financial planning for the future. With couples now facing a 50% divorce rate and increasingly complex financial dynamics, it is incredibly important to draw up a pre-nupital that will protect the future of both you and your soon to be spouse.

Pre-nuptial Agreements are legal agreements drawn up before a couple is legally married that outlines how the couple's finances will be handled in the event of a divorce. Pre-nupital agreements are useful because they capitalize on the good will a couple has in plenty while in their honeymoon stage. This is the ideal time for the couple to work together as partners and come to a financially sound and fair agreement for both parties. If the relationship does come to an end, not only will the couple experience reduced stress since there is no need to work out the financials, but both partners will be protected.

As an attorney, I recommend pre-nuptial agreements for all my clients, but pre-nuptials are especially important for couples who are planning on bringing assets into the marriage. Some clients mistakenly believe that only those with large or significant assets need a pre-nuptial agreement, but this is a common misconception. Pre-nuptials are a great way to protect your hard-earned assets if a "worst-case" scenario arises, so why not make sure your future is safeguarded? Pre-nuptial agreements are also important for those who have children from a prior relationship, those who will be receiving an inheritance, and those who are financially supporting their partner through university or professional school. Basically - if there are factors that could financially complicate your marriage, it is better to work them out and set them onto a legal document now.

Another great thing about pre-nuptial agreements is that they are easy to draw up. Those looking into pre-nupital agreements simply need to contact a lawyer who is well-versed in the family law of your state to discuss your options and what you kind of stipulations you personally would like in your pre-nuptial. You are able to customize your pre-nupital agreement to include stipulations about your pets, living situation, and even infidelity. A lawyer should be able to write the specifications you desire into your agreement and answer any questions you and your partner may have.

 If you have any further questions or concerns, feel free to reach me at my office.

- Kevin P. McKernan

Four Important Documents for Recent Divorcees

The process of getting a divorce can be long, drawn-out and draining on both your time and emotions. As with any big life change, you must remember that this is also an important time to review and if necessary update your legal documents. Below is a list of legal documents you should review again as soon as possible after the divorce.

Why Should You Get a Cohabitation Agreement?

A recent study done by the American Academy of Matrimonial Attorneys shows that matrimonial lawyers are seeing increasing numbers of clients whom are choosing to cohabitate and combine assets without first getting married.

As a long-time family law attorney, I know that just as it can be beneficial for couples who are planning to marry to sign pre-nupital agreements beforehand, it can also be beneficial for couples who are planning to move in together to sign a cohabitation agreement.

Cohabitation agreements are legal documents that a couple draws up in order to protect both persons' assets and define expectations in case the relationship does end. For couples who are living together without the legal protections and procedures of marriage, cohabitation agreements can minimize the financial repercussions of a bad break-up.

The Same Sex Marriage Dilemma

The controversy about the legalization of same sex marriage has been front and center in American politics for quite a few years now. I actually have legal experience in this area, having been hired as head attorney to defend a particularly divisive case involving LBGQT rights in the early 90s. Since then I have been keeping myself informed about this new arena in law and recently I stumbled upon some information that I would like to share with you.

NY Divorces: Protect Yourself! Learn about adultery, abandonment, and other grounds for contested and uncontested divorce

Divorce is hard on everyone in a family. If you are considering divorce, you probably have a million things running through your mind: How will the kids feel? What will happen to the house? How do I even begin this process?

Divorces fall into two major categories: contested and uncontested. An uncontested divorce usually occurs when you and your spouse agree on all the issues that come along with divorce, including the distribution of your finances, child support and visitation, and spousal maintenance. If you and your significant other cannot come to an agreement on these issues before your court date, you will have to file for a contested divorce. A contested divorce can raise the cost of your divorce exponentially, however, many people believe it is worth it when they feel strongly about certain issues such as their children’s care or remaining in their marital residence.

If you wish to petition for a contested divorce, you must choose one of the six grounds for divorce in New York State.

Click below to learn the grounds for divorce in New York.

What Happens to Lassie After the Divorce? Pets and Custody Agreements

Today more than ever Americans are making sure that they make arrangements for their pets during a divorce. In fact, the American Academy of Matrimonial Lawyers reports they have experienced a 23% increase in the amount of “pet custody” cases. So what happens when both you and your partner want to keep the family dog after the split?

I've handled matrimonial cases my entire career, and I've personally dealt with clients who have disagreed over who will keep the family pet. Here are some tips to keep in mind if you or a family member is going through this difficult situation: