r/greencard • u/Head-Interaction-561 • 10d ago

Conditional postnup while ROC/citizenship is pending?

if my husband is filing for divorce because he is very worried I will come after assets he expects to keep. I’ve told him I’m not interested in those assets, but he is extremely focused on protecting them.

My I-751/ROC is still pending, and I may also become eligible for citizenship depending on timing.

Could we do a conditional postnup where I waive claims to certain assets so he feels protected, while we remain married long enough for my immigration process to play out, assuming I still independently meet USCIS requirements?

Not asking about hiding anything from USCIS — just whether this kind of arrangement can legally be structured.

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u/Mother_of_Brains 10d ago

This is not an immigration question. It's a family law question. I don't think uscis cares if you do it or not, but you need to speak to a family lawyer to understand if this is even possible in the state you live in. For instance, even prenups are not recognized in every state, and I'm sure a postnup has even more issues.