Prenup Guide for H-1B Visa Holders

H-1B visa holders are facing a moment of uncertainty. It was recently announced that a proposed $100,000 filing fee for new H-1B visas may be part of a broader enforcement initiative known as Project Firewall. While the proposal is expected to face legal challenges and would apply only to new petitions (not renewals), it underscores how volatile the U.S. immigration landscape can be. For couples planning marriage, this unpredictability makes financial and immigration planning more important than ever. A prenuptial agreement can provide clarity and stability, ensuring both partners are aligned as they navigate career, immigration, and family decisions together.

Why H-1B Visa Holders Consider Prenups

Many H-1B professionals in tech, finance, medicine, or law are entering marriage with significant assets and complex cross-border financial lives. Stock options, equity compensation, overseas property, and dual taxation issues often come into play.

For these couples, a prenuptial agreement is about creating clarity:

• Distinguishing assets earned abroad from those in the U.S.
• Planning for career interruptions if one spouse loses work authorization.
• Deciding how spousal support will be handled if the marriage ends.
• Giving both partners confidence while navigating immigration filings that can stretch for years.

Immigration Basics: Marriage + H-1B Status

The H-1B is a dual-intent visa: you can both maintain H-1B status and pursue permanent residence through marriage at the same time. But here’s what couples should know:

• Marriage ≠ status. A marriage certificate alone doesn’t change immigration status. To gain permanent residence, your spouse must file an I-130 petition, and you must either adjust status in the U.S. (I-485) or go through consular processing.
• Whom you marry matters:
  • Marrying a U.S. citizen: you can typically file I-130 and I-485 concurrently, plus applications for work and travel authorization.
  • Marrying a green-card holder: you may have to wait until a visa is available in the F2A category.
  • Marrying another nonimmigrant (F-1/H-1B/H-4): no direct path to residency, though H-4 options may be available.
• Affidavit of Support (I-864): Required in all marriage-based green card cases. This obligation cannot be waived by a prenup. Even if a prenup says “no spousal support,” the I-864 still creates a binding support duty under federal law.

What to Include in an H-1B Prenup

Because H-1B couples often live across borders financially, their prenups tend to include:

• Separate vs. marital property: Clear treatment of overseas assets (bank accounts, property, inheritances).
• Equity compensation: Stock options and RSUs are common for H-1B professionals; prenups should spell out how these will be divided if vested or exercised during marriage.
• Spousal support: Address potential income gaps tied to visa restrictions.
• Debt disclosure: From international student loans to U.S. credit debt, both must be fully disclosed.
• Jurisdiction: Specify which country’s law governs the agreement if you hold property abroad.

Travel and Work Considerations During Marriage Filings

• Travel: H-1B and H-4 holders have a regulatory exception allowing re-entry on their visas while an I-485 is pending. Many still apply for Advance Parole as a backup.
• Work: You can keep working on H-1B or switch to an AOS-based work permit (EAD). Some couples prefer to maintain H-1B as a safety net.
• Conditional residence: If your marriage is under two years old when the green card is approved, you’ll receive a 2-year conditional card and must later file jointly to remove conditions.

How Neptune Supports H-1B Couples

Navigating prenups while managing immigration is complicated. Neptune helps simplify the process by:

• Matching couples with lawyers experienced in international assets and immigration-adjacent planning.
• Offering transparent flat-fee pricing, avoiding surprise invoices.
• Guiding couples through tough conversations so both partners feel aligned, not adversarial.

Key Takeaway

For H-1B visa holders, marriage is both a personal milestone and a legal transition point. The proposed $100,000 H-1B fee underscores just how unpredictable immigration rules can be. A prenup gives couples the stability of knowing their financial plan is secure, even if visa policies change.

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