Over the last year, there has been a flurry of travel bans imposed by the Trump administration, banning the entry of foreign nationals from certain countries into the US. For international couples, this can be a major hurdle, as ever-changing policies and new restrictions continue to impact the available immigration options for those navigating cross-border relationships. For couples considering marriage, which is already a big decision, this can feel like an overwhelming obstacle. Where do you even start?
While travel bans cannot stand in the way of love, marriage, or lifelong commitment, they can complicate where a couple lives, works, and how they plan their financial futures. In an ever-evolving immigration landscape, prenuptial agreements have become an increasingly important planning tool for couples whose lives span more than one country. Let’s get into what you need to know about the current travel bans, available immigration options for cross-border couples, and how your prenup can provide much-needed peace of mind in these uncertain times.
The initial travel ban from 2025
In 2025, the U.S. government will have significantly expanded travel and entry restrictions for foreign nationals from a growing list of countries. It started in June 2025, when President Trump issued a Presidential Proclamation establishing a travel ban for 19 countries. Initially, the travel ban exempted spouses of U.S. citizens, which made it an easy decision for couples deciding between the fiancé v. spousal visa options.
Then, in December 2025, an expanded ban was announced, bringing the total to 39 countries. 19 countries received a full ban, with an additional 20 countries receiving a partial ban. For the fully banned countries, the Department of State announced a complete pause on all non-immigrant and immigrant visas. For partially banned countries, all immigrant visas are paused, as well as certain categories of nonimmigrant visas. To make matters worse, the U.S. government removed the exemption for immediate relatives of U.S. citizens, meaning even spouses are included under the expanded ban, which went into effect on January 1.
That same day, USCIS announced it would likewise pause adjudication of benefit applications filed within the U.S. by foreign nationals included in the 39-country ban. What does that mean? Well, while the Department of State will stop issuing visas abroad, USCIS will also stop processing cases filed in the U.S. This includes marriage-based green card applications, as well as work permits filed in connection with those green card applications. This means married couples who have filed their immigration paperwork from within the U.S. are now in an indefinite limbo, with their cases on hold until further notice.
The latest 2026 travel ban
Unfortunately, the hits keep coming. Now, just two weeks after the last ban went into effect, a new travel ban has been announced. The new travel ban applies to 75 countries and restricts all immigrant visas for nationals from those countries. It does not apply to nonimmigrant visas, including tourist visas, student visas, or business visas (unless already suspended by one of the earlier bans). The new travel ban focuses solely on immigrant visas, which are visas that provide permanent residence to family members of U.S. citizens or those sponsored for a green card through an employer. In other words, while the previous bans exempted spouses and family members of U.S. citizens, the new ban specifically targets them.
In announcing the new ban, the U.S. Department of State said it is pausing immigrant visa processing so that it can reassess its vetting procedures to prevent the entry of foreign nationals who are more likely to rely on public assistance. If you’ve been here a while, you may be wondering how that’s even possible, since when a U.S. citizen sponsors a family member, they are required to sign an I-864 explicitly confirming the non-citizen will have sufficient financial support and not rely on public benefits. If they do, the U.S. citizen is contractually liable to pay the U.S. government back and can be sued on that basis. The rationale for the new ban doesn’t seem to consider the safeguards already in place, but it does seem likely the burden is going to shift to the foreign national to prove they won’t become a public charge, regardless of the sponsoring U.S. citizen’s financial support. This could mean consular officers may soon begin scrutinizing the immigrating spouse’s qualifications, work history, education, credit history, health, and any past use of public assistance when deciding whether to issue an immigrant visa. There’s no way to know for sure until we see a formal announcement, but past policies under the first Trump administration are a good indicator that’s where we may be headed.
Options for cross-border couples
While the travel ban is in effect, cross-border couples will need to carefully consider their available options.
CR-1 Visa
For countries subject to the new ban, the CR-1 visa (spousal visa) will not be available. While the underlying I-130 petition can still be filed, once approved, the consulate will not be able to issue the visa as long as the ban remains in effect. For some couples, depending on personal timelines, this may mean delaying marriage to pursue a fiancé visa instead. A fiancé visa, also known as the K-1 visa, is considered a non-immigrant visa, not an immigrant visa, so it should not be impacted by the most recent ban.
K-3 Visa
Another option may be to file a K-3 visa. A K-3 visa is a U.S. nonimmigrant visa for the foreign spouse of a U.S. citizen, which allows them to enter the U.S. to live with their spouse while a separate immigrant visa petition (Form I-130) is being processed. It is meant to shorten the time spent apart, as the spouse can file for adjustment of status once in the U.S. and finish the green card process from here. While an I-130 is an immigrant visa petition, the K-3 visa is a non-immigrant visa, meaning it should similarly be excluded from the current ban. For those already married or who don’t want to delay their wedding to pursue a fiancé visa instead, while the ban is in effect, this could be a good option.
What the future holds
Only time will tell if USCIS will follow suit and pause adjudication of benefits requests for those 75 countries that have been filed from within the U.S., as it did with the 39-country ban. If it does, this could create further complications for cross-border couples navigating an already stressful immigration environment.
Since all situations are different and there are now even more variables at play, it’s important to talk to an experienced immigration attorney to navigate the best option for you and your partner.
The case for prenups for cross-border couples
Travel bans and nationality-based entry restrictions can disrupt even the most carefully laid plans. International couples may now face prolonged separations, delayed visa processing, or sudden changes in where they are legally permitted to live and work. These realities can be very stressful, to say the least. You know what can help? Your prenup.
A prenuptial agreement allows couples to proactively address financial expectations and legal protections in the face of this uncertainty. A well-drafted prenup can provide clarity and stability when external forces, such as immigration policy, are unpredictable.
For many cross-border couples, immigration status directly impacts financial independence. A non-citizen spouse may be unable to work due to visa restrictions, delayed entry, or prolonged consular processing. In some cases, the non-citizen spouse may become financially dependent on the U.S. citizen spouse not by choice, but by operation of law.
Example of how a prenup may help
For example, if you are from one of the 39 countries banned in December and you recently filed your green card application, you may have expected a work permit to be approved within a few months so you could legally work in the U.S. while you waited on your green card. Now, following the announcement on January 1st, your case is on indefinite pause – meaning you won’t get a decision on either your work permit or your green card until the pause is lifted. Suddenly, your U.S. citizen spouse is the only one who will be able to legally work for the foreseeable future. This can be financially stressful on a new marriage, especially if you haven’t clearly outlined how you will manage your marital finances and assets ahead of time.
Prenups can help address these imbalances by clearly defining financial rights and responsibilities during the marriage. A prenup can protect a non-citizen spouse from economic vulnerability, while also providing transparency for both parties and protecting the assets of the U.S. citizen spouse. This type of planning is especially important when immigration delays or travel bans may extend for months or even years.
A final note on the Affidavit of Support
It’s also worth a reminder that the Affidavit of Support required by the marriage-based green card process doesn’t end with a divorce, meaning the U.S. citizen is on the hook for supporting their non-citizen spouse even if they get a divorce. While a prenup cannot remove that obligation, it can help mitigate some of the other financial damage, like spousal support or property division.
For cross-border couples planning a future in the United States, especially when long-term immigration outcomes remain uncertain, proactive legal planning can offer much-needed stability. Prenups are a great option for everyone, but particularly for international couples affected by travel bans, visa restrictions, or unequal earning power tied to immigration status.
Final Thoughts
For international couples navigating an uncertain immigration landscape, a carefully crafted prenup can provide peace of mind, financial clarity, and a stronger foundation for your life together. While recent immigration news may feel disheartening or like so much is beyond your control, your financial future IS in your control. That’s where a prenup comes in.
If you are concerned about the travel ban and your marriage, please contact an immigration attorney today.
You can book a 15-minute free consultation with experienced immigration lawyer, Julia Funke, here.
Julia Funke is a managing attorney at International Legal and Business Services Group LLP, a full-service immigration law firm serving clients across the U.S. She earned her J.D. from the University of Illinois Chicago School of Law. When she’s not helping clients, Julia teaches immigration law at a local public college. To connect with Julia for your immigration-related needs, please reach out to julia@bizlegalservices.com
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