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I am not clear on the following please clarify.... the 30/60/90 day rule/ provision/ in this specific manner---Q: if you marry at 90 days or shortly thereafter with an immigrant...who was travelling in the USA and you meet him or her here but fall in love and marry within 90 days or after? This is not considered fraud? Alternatively if you knew this individual and he or she visits the USA not with he intent to marry but to travel and sightsee etc but a romance develops...and you decide to marry..this is legal? ------I have read in a prior Q&A that it is not permitted to travel on a visa with the intent to marry...correct? But its lawful if 90 days pass?...thank youPlease help me simplify this issue of marrying ,,,,,a foreigner....without intending to be fraudulent......what's the difference between applying for a fiance visa and marrying from within the 90day. Window offering.Please help ..thank youRich
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Hi FranYes I am seeking and waiting for an answer to my immigration question.....thank youRichard
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QUESTION: if you marry at 90 days or shortly thereafter with an immigrant...who was traveling in the USA and you meet him or her here but fall in love and marry within 90 days or after? This is not considered fraud? ANSWER: If they marry within the first 30 days, there is usually a finding of visa fraud. This can be overcome. If they marry within 60 days, the presumption is not as strong, and less likely the person will be charged with a fraud. IF they marry after 90 days or more, the chances are significantly less that a person will be charged with immigration fraud. However, this does not mean that a fraud charge definitely will not come about. There is no rule in the law that says after 90 days, there definitely is no fraud. QUESTION: Alternatively if you knew this individual and he or she visits the USA not with he intent to marry but to travel and sightsee etc but a romance develops...and you decide to marry..this is legal?ANSWER: Yes, this is legal. QUESTION: I have read in a prior Q&A that it is not permitted to travel on a visa with the intent to marry...correct? But its lawful if 90 days pass?ANSWER: It is a violation of immigration laws for a person to travel to the US on a non-immigrant visitor visa, with the intent to get married and stay in the US permanently. The intent behind the visitor visa must be a temporary, non-immigrant intent. If a person has the intent to get married and stay, then this intent clearly is opposed to what is required for the visitor visa.If the person enters with a non-immigrant intent, and then meets and married a US citizen (for love, not immigration), then their intent can change to an immigrant, permanent intent. IT is not that the 90 days automatically makes it okay. It is that there is less of a chance of being charged with immigration fraud, since so much time has passed since the entry to the US. Note that nothing is EVER guaranteed in immigration. These decisions to pursue a presumed immigration fraud charge are purely discretionary.I hope I have answered your questions. Please click the green button or one of the ratings below to let me know if I've helped, or if you need further clarification. This is the only way I will know if the information I've provided has been helpful, or if you need further clarification.Keep in mind that we Experts are here to provide you with the most honest, accurate, and truthful information that we have available, even if it is not what you want to hear. If you need clarification, please do not leave negative feedback. Instead, please feel free to ask follow-up questions, and I will be happy to clarify things for you.Also consider leaving a BONUS and some positive feedback - both are much appreciated.Finally, if you have any future immigration or TSA related questions, put "TO LONGHORN LAWYER" in the subject line or the beginning of the question, or go directly to my profile to ask your questions: http://www.justanswer.com/law/expert-longhornlawyerThank you!
Thanks longhorn lawyerThat helps slot. If one married/s someone after the 90 period....and as you say the prediction of fraud is never eliminAted but not an immediate prediction.....what then happens...this example I suppose will help....say I marry my Canadian GDP after 90 days when I realize I can't love without her...what further immigration betting process occurs.....Can she stay with me during this process or next phase? I have heard different thoughts on this stage such as....medical/visa/interviews? What is my responsibility during this stage or can expect.in this scenario would my wife need to file some paperwork post marriage pending her next phase of immigration? I'm glad I found this site....PS I love football and Hope Mack brown and have a better year the upcoming season! Sorry for the typos..typing on phoneRich
I don't know what you mean by a "betting" process. Can you please clarify?
Jesus...that's whT happens when you use a mobile devices with auto word selections...I didn't review my entry...what I meant to say was after this scenario with say my Canadian girlfriend who I marry after 90 days after I realize I really want her in my life after she visits and we decide to marry, what is the next processWhile as you say the presumption of fraud isn't either presumed or eliminated .but less so ...after 90 days...im certain each case is reviewed on its merit.....but...the next step?What happens...does my wife need to fill out paperwork pending a further review...is there an interview/medical/ review...Ext..what would be expected of me at this stage...or how could i.assis my new wife in preparing for any and all inquiries ....I hope I don't sound marginally literate on this try!Thanks longhorn
Here is how to begin the green card process. It includes information on employment authorization. The US citizen spouse must submit the I-130, Petition for Alien Relative, and the alien must submit the I-485, Application to Register Permanent Residence or Adjust Status, after they are married. They should be submitted together, in the same envelope, to the same address. Both parties must submit form G-325A (Biographic) with the I-130, and the alien must submit I-693 (Medical Examination) with the I-485.It can take up to 1 year to complete this process, barring any complications.You can find the I-130 and its instructions here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCRD.You can find the I-485 and its instructions here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD.You can find the G-325A and instructions here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d7c84154d7b3d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD.You can find the I-693 and instructions here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb1f3591ec04d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD.If the alien wants to work while waiting for the green card approval, they can submit the I-765, Application for Employment Authorization. If they want to travel while waiting for the green card, they can submit the I-131, Application for Travel Document. Each of these takes anywhere from 3-5 months for approval.NOTE: If the alien has accrued unlawful presence in the US, I suggest they do not travel outside the US until they have received an approval of the adjustment of status, even where they have an approved I-131. While new policies and procedures do allow for travel under these circumstances, the safest thing to do is to wait until approval of the green card, to avoid complications while outside of the US.)You can find the I-765 and its instructions here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD.You can find the I-131 and its instructions here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCRD.I hope I have answered your questions. Please click either the green button, or one of the rating to let me know how I've helped. This is the only way I will know if the information I've provided has been helpful, or if you need further clarification. Keep in mind that we Experts are here to provide you with the most honest, accurate, and truthful information that we have available, even if it is not what you want to hear. If you need clarification, please do not leave negative feedback. Instead, please feel free to ask follow-up questions, and I will be happy to clarify things for you. Also consider leaving a BONUS and some positive feedback - both are much appreciated.Finally, if you have any future immigration or TSA related questions, put "TO LONGHORN LAWYER" in the subject line or the beginning of the question, or go directly to my profile to ask your questions: http://www.justanswer.com/law/expert-longhornlawyerThank you!
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