Family law & estate planning
Marriage, divorce, caring for aging parents, leaving property to your children: none of this is easy for any family. For immigrant families, it can also involve green cards, naturalization, the I-864 Affidavit of Support, and property and documents in both China and the United States. In addition to U.S. immigration legal services, we advise immigrant families in the U.S. on prenuptial and postnuptial agreements, property issues in divorce, wills, living trusts, powers of attorney and health care directives, paying particular attention to how these arrangements interact with immigration status.
Family and estate matters we handle
Each of the matters below is handled primarily under Illinois law; New York and Massachusetts matters are handled under the law of those states. In every case we first learn about your family structure, immigration status and where your assets are, and then decide which documents to use and how to structure them.
Prenuptial and postnuptial agreements
Set out who owns premarital property, income earned during the marriage, real estate and company equity, and how they will be handled on divorce or the death of a spouse. Illinois applies the Uniform Premarital Agreement Act (750 ILCS 10). Prenuptial agreement guide ›
Property division and cross-border assets in divorce
We distinguish marital from premarital property, organize both spouses’ financial records, and assess how real estate, bank deposits and equity in China or another country will be characterized and handled in a U.S. divorce. Divorce and property division ›
Divorce and immigration status
Conditional green cards, pending I-130 / I-485 applications, K-1 status, the three-year naturalization rule and I-864 support obligations can all be affected by divorce. Sort out the immigration consequences before you divorce. How divorce affects immigration status ›
Wills
Specify how your estate will be distributed and name an executor and a guardian for minor children. In Illinois, a will must be in writing, signed by the testator, and attested in the testator’s presence by at least two witnesses (755 ILCS 5/4-3). Wills guide ›
Living trusts
A revocable living trust can hold real estate and financial assets, making them easier to manage, reducing probate, and providing long-term arrangements for minor children or children with special needs. Illinois applies the Illinois Trust Code (760 ILCS 3). Trusts guide ›
Powers of attorney and health care directives
Documents such as a power of attorney for property and a power of attorney for health care let someone you trust handle your financial and medical affairs if illness or an accident leaves you unable to make decisions yourself. Illinois has statutory form powers of attorney (755 ILCS 45).
Cross-border estate planning
Families with property in both the United States and China, family members living in different countries, or a spouse who is not a U.S. citizen need to coordinate documents and tax consequences in both places. Cross-border estate planning ›
States we practice in: Illinois, New York, Massachusetts
U.S. immigration law is federal law, so we can represent clients in immigration matters anywhere in the country. Family and estate matters, however, are state-law matters: the validity of and procedures for marriage, divorce, wills and trusts are determined by the law of the relevant state. In this section, therefore, we advise only on the law of the following three states:
| State | Notes |
|---|---|
| Illinois | Our firm is based in Chicago, and the guides in this section mainly use Illinois law as the example. Divorce cases are generally heard in the circuit court of the county where a spouse resides (for example, Cook County or DuPage County). |
| New York | New York has its own formal requirements for prenuptial agreements and its own rules on property in divorce, which differ from Illinois. Each guide notes the main differences, and specific matters are handled under New York law. |
| Massachusetts | Massachusetts has not adopted the Uniform Premarital Agreement Act. The validity of prenuptial and postnuptial agreements is established mainly by case law, and the standard of review differs from Illinois. |
If you live in another state, or your matter is governed mainly by another state’s law (for example, your property is in California or the divorce must be filed in Texas), we can help you sort out the parts related to immigration status, but the state-law parts must be handled by a lawyer licensed there.
Matters involving China, such as transferring title to real estate in China, recognition of a U.S. divorce judgment by a Chinese court, or inheritance notarization in China, must be handled by a lawyer licensed in China or a Chinese notary office. We can handle the U.S. side of the documents and work with your lawyer in China.
Why immigrant families especially need to plan ahead
Property in two countries
Many families have real estate, savings or company shares in China and a home and retirement accounts in the United States. On divorce or inheritance, the laws, procedures and document requirements of both places must be considered, and dealing with them at the last minute is often more costly and time-consuming.
Status is closely tied to marriage and family
Marriage-based green cards, conditional green cards and the three-year naturalization rule are all directly tied to marital status. The timing of a divorce and the wording of an agreement can affect the course of an immigration application.
Different tax rules for a non-citizen spouse
The unlimited marital deduction under the federal estate tax generally does not apply to a spouse who is not a U.S. citizen unless the property passes through a qualified domestic trust (QDOT) that meets the requirements (Internal Revenue Code sections 2056(d) and 2056A). The U.S. estate tax exemption for nonresident aliens is also far lower than for citizens and residents. Check the IRS’s current published figures for the specific amounts.
Family members in different countries
When parents live in China and children in the United States, or one spouse lives abroad most of the time, and someone falls ill or dies, U.S. banks, hospitals and courts will require a valid power of attorney or will. Arranging these from overseas at the last minute can be very difficult.
Document language and authentication
Chinese-language documents used in the United States must be accompanied by an English translation; U.S. documents used in China usually require authentication such as an apostille. China has applied the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents since November 7, 2023, but the receiving institution’s requirements still control.
Default rules apply if you make no arrangements
Without a will, your property passes in the order set by state law; without a power of attorney, your family may have to petition a court for guardianship. The default rules may not reflect your wishes, and they may not take into account the realities of a family that spans countries.
Where it overlaps with immigration
Our core practice is U.S. immigration law, so when we handle family matters we also consider the immigration consequences. These are the most common points of overlap:
- Prenuptial agreements and the I-864: The I-864 Affidavit of Support signed by a sponsor is a promise to the U.S. government, and divorce does not end the obligation. Most published court decisions hold that a “mutual waiver of support” clause in a prenuptial agreement also does not release the I-864 obligation (for example, the Ninth Circuit’s 2016 decision in Erler v. Erler), but decisions are not entirely consistent across jurisdictions.
- Divorce and the conditional green card: A person holding a two-year conditional green card who divorces can file I-751 alone and request a waiver of the joint filing requirement, focusing on proving that the marriage was entered into in good faith.
- Divorce and naturalization: A person applying for naturalization under the three-year rule as the spouse of a U.S. citizen must remain married until taking the oath; after divorce, the person generally must apply under the five-year rule instead. See N-400.
- Pending marriage-based applications: If you divorce while an I-130 or I-485 is pending, the marriage-based application usually cannot proceed; there are separate paths for situations such as battered spouses.
- Estates and status: Whether a beneficiary is a U.S. citizen or a U.S. tax resident affects the tax treatment of estates and gifts; status planning and estate planning are best considered together.
For a detailed analysis, see How divorce affects immigration status and Prenuptial agreements. For the overall marriage-based immigration process, see Marriage green cards and the family-based immigration guide.
How it works
Initial consultation
We learn about your marital status, children, immigration status, where your assets are and your main concerns, and confirm which state’s law governs the matter and whether it is within our practice.
Gathering documents
We list the documents needed: identity and marriage records, an asset list, bank and retirement account statements, real estate documents, company documents, prior immigration filings and so on. Chinese-language documents are translated as needed.
Explaining the options
We explain the available arrangements, the pros, cons and risks of each, and points to watch regarding immigration status, taxes and assets in China. Where other professionals are needed, we explain the division of work in advance.
Drafting and review
We draft the agreement, will, trust or power of attorney documents. You can ask questions in Chinese and confirm the meaning of each clause. For documents such as prenuptial agreements, we represent only one party.
Signing and implementation
We arrange signing, witnessing and notarization as state law requires. After a trust is signed, assets must actually be transferred into the trust’s name for the documents to take effect.
Periodic updates
Marriage, divorce, the birth of a child, a move to another state, obtaining a green card or naturalizing, or a major change in assets may all require your existing documents to be updated.
Section guides
Prenuptial agreements
Requirements for validity in Illinois, what can be agreed, key points for international marriages, the relationship with the I-864, and postnuptial agreements.
Divorce and property division
Marital and premarital property, equitable distribution, overseas property, maintenance principles, divorce procedure and financial disclosure.
How divorce affects immigration status
I-751 waivers, pending applications, K-1, naturalization, I-864, VAWA, and children’s international travel.
Wills
Formal requirements for a will, executors and guardians, and what happens if there is no will.
Living trusts
What a revocable living trust does, trustees, funding the trust, and common misconceptions.
Cross-border estate planning
Property in China and the U.S., non-citizen spouses, coordinating documents, and tax principles.
Related immigration forms and guides
I-864
Affidavit of Support: the sponsor’s obligations, duration and termination events.
I-751
Removing conditions on a conditional green card, and waiver applications after divorce.
N-400
Application for naturalization: the five-year and three-year rules.
Marriage green cards
The complete process for a U.S. citizen or green card holder to obtain a green card for a spouse.
Frequently asked questions
You are an immigration firm. Why do you also handle family and estate matters?
For many immigrant families, marriage, property and immigration status are intertwined: a prenuptial agreement may involve the I-864, a divorce may affect removing conditions on a green card or naturalization, and an estate plan must take into account whether a spouse is a U.S. citizen. We handle these state-law matters within the states where we practice, while also considering the immigration consequences.
I live in California (or another state). Can you handle my divorce or will?
Family and estate matters are governed by state law, and we advise only on Illinois, New York and Massachusetts law. If you live in another state, the state-law parts must be handled by a lawyer licensed there; for the parts involving immigration status, we can provide a separate opinion and communicate with your local lawyer.
I own a home in China. Can a U.S. will deal with it?
A U.S. will can express your wishes for all of your property, but inheritance and transfer of real estate located in China are governed by Chinese law and procedures. Whether a U.S. will can be used directly in China, and what notarization and authentication it would need, are questions for a lawyer licensed in China. A common approach is to make separate, coordinated arrangements in each country so they do not conflict.
Can both spouses use the same lawyer to sign a prenuptial agreement?
We do not recommend it, and we will not represent both parties. In a prenuptial agreement the parties’ interests are opposed; each hiring an independent lawyer helps show that the agreement was signed voluntarily and that both understood its contents, making it harder to challenge later.
I am in the middle of a marriage-based green card case and want a divorce. What should I do first?
Do not rush to file for divorce. First have a lawyer check what stage your immigration case is at (I-130 / I-485 pending, conditional green card, conditions removed, preparing to naturalize), evaluate how a divorce would affect your status and what alternative paths exist, and then decide on the timing and manner of the divorce.
Can we communicate in Chinese?
Yes. David Wang personally communicates in Chinese, English and French. Legal documents are signed in English, and we will explain their meaning clause by clause in Chinese if you prefer; Chinese-language documents submitted to a court or government agency must be accompanied by a qualified English translation.
Getting married, considering divorce, or want to make estate arrangements for your family? Book an attorney consultation, or call (312) 519-1115 or reach us on WeChat at WangLawpllc. We will first confirm which state’s law governs your matter and whether immigration status or overseas assets are involved, and then explain the possible arrangements and risks. We do not guarantee the outcome of any matter.
This page is general information, not legal advice. Family and estate matters are governed by state law, the rules differ from state to state, and outcomes depend on the specific facts. Our firm advises on Illinois, New York and Massachusetts law; matters involving other countries require coordination with local counsel.