It can be a scary time to be an international couple trying to immigrate to the US with all of the ever-changing laws handed out by the Trump Administration. One of the latest revelations is that there is likely to be an expansion of the travel ban. This means that people from the “banned” countries will not be able to come over to the US…with a few exceptions. The marriage visa (where the international couple is already married) may be one of those exceptions and may allow a non-US citizen to reside in the US even if they are from a travel-banned” country. With that said, there is no question that international couples may consider moving up their weddings or potentially rushing into marriage to ensure that they are able to be together in the US. It also begs the question about prenups and where a prenup comes into the mix for these couples. Let’s get into everything you need to know about the potential impending travel ban and your eventual prenup.
What’s going on with the current travel ban in 2025 and into 2026?
In June 2025, President Trump issued a Presidential Proclamation establishing a travel ban for 19 countries. The proclamation restricts the entry of foreign nationals from certain countries. 12 of the countries mentioned in the proclamation received a full ban, with a partial ban on the other 7.
For countries with full bans, all non-immigrant and immigrant visas are restricted, meaning nobody is eligible to travel to the U.S. For countries with partial bans, specific visa types are suspended, including visitor visas and student visas.
The countries that are fully banned include Afghanistan, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen. For Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela, a partial ban was imposed. For all 19 countries, there is an exception for immediate relatives of U.S. citizens, which includes spouses.
So, what does a travel ban mean for international couples?
If the foreign partner is from one of the 12 countries currently banned, the only immigration option will be the CR-1/marriage visa. Fiancé/K-1 visas are not currently an option. For countries with a partial ban, if the K-1 visa has not been banned explicitly, the K-1 may still be an option, but couples should expect significant scrutiny, delays, and possibly denial since these countries are subject to heightened review. The CR-1 visa is likely still the better option for partially banned countries.
What about the possible expansion of the travel ban?
So, what is the latest news that there is a potential to add more countries to the travel ban list? Well, Homeland Security Secretary Kristi Noem mentioned in a December 4, 2025, interview with Fox News that the Trump Administration may expand the travel ban to include a lot more countries. On the record, Noem would not give a specific number but said the expanded ban will be over 30 countries. We can expect the expanded ban will still exempt immediate relatives of U.S. citizens, including spouses. It is also unclear when this ban would go into effect.
What does this mean for international couples?
For international couples considering marriage and weighing the option of a fiancé visa or a CR-1 visa, it’s important to talk with an immigration attorney to understand the best option and the impact of any current or potential travel bans. There are many variables at play for each individual situation because of the ever-evolving laws and differences in country application. If you’re moving your wedding up to pursue a CR-1 visa in light of the travel bans, it’s important to still protect yourself with a prenup.
How a prenup can help
Many couples wonder if a prenup would hurt or help their visa application, but prenups help to protect both spouses, regardless of citizenship status. They can help limit financial risk on both sides of the relationship, by providing some protections to the lower-earning spouse, while still protecting a lot of the assets owned by the higher-earning spouse.
On top of that, the Affidavit of Support required by the marriage-based green card process doesn’t end with a divorce, meaning the US 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.
Prenups can help the immigrant partner by ensuring that they are reasonably taken care of, too, whether that’s being allowed to remain in the primary residence for a period of time, dividing property in a reasonable way, or allocating a lump sum to allow them to land on their feet following a divorce.
The bottom line on the impending travel ban, your marriage, and potential prenup
As you can see, 2026 may entail unknown immigration changes, such as travel bans to over 30 more countries, in addition to the countries banned back in June. Whether or not the international couple will need to be married to be able to enter the US will depend on future presidential proclamations, ever-changing immigration policies, and which country the immigrant is coming from. It may be the case that the parties cannot reside in the US together under the K-1 Fiance visa, but instead will need to go through with the marriage and complete the CR-1 visa process prior to entering the US. If that is the case, a prenup may be a great option to protect both parties from financial risk. 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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