Login|Contact Us
Question and Answer

Immigration Law

Ask an Immigration Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

I am not clear on the following please clarify.... the 30/60/90

 
Longhorn Lawyer's Avatar
  • Answered by:Longhorn Lawyer
  • Immigration Attorney
  • Positive Feedback: 97.3 %
  • Accepted Answers: 5435
Verified Expert
in Immigration Law

Recent Feedback

Positive
One last question - my brother who is a citizen applies for me.since it takes...
Positive
Very happy with the answer. Thank you very much.
Positive
Type your review here...
Positive
Thank you
Positive
Real professional Thank you
Positive
quite useful
Positive
Helpful and fast.
Positive
Thank You Very Much.
Positive
thank you
Positive
Thanks Again.... :)

Customer Question

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 you
Please 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 you

Rich

 

Optional Information:
State/Country relating to question: United States

Submitted: 369 days and 17 hours ago.
Category: Immigration Law
Value: $24
Status: CLOSED
Picture
Expert:  Fran-mod replied369 days and 11 hours ago.

Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!

Customer replied369 days and 9 hours ago.

Hi Fran

Yes I am seeking and waiting for an answer to my immigration question.....thank you

Richard

Picture
Expert:  Fran-mod replied369 days and 8 hours ago.

Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.

Picture
Expert:  Longhorn Lawyer replied369 days and 8 hours ago.

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-longhornlawyer

Thank you!

Customer replied369 days and 8 hours ago.

Thanks longhorn lawyer

That 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 phone

Rich

Picture
Expert:  Longhorn Lawyer replied369 days and 7 hours ago.

I don't know what you mean by a "betting" process. Can you please clarify?

Customer replied369 days and 7 hours ago.

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 process

While 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

Accepted Answer

Picture
Expert:  Longhorn Lawyer replied369 days and 7 hours ago.

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-longhornlawyer

Thank you!

Expert TypeImmigration Attorney
Category: Immigration Law
Pos. Feedback: 97.3 %
Accepts: 5435
Answered: 5/15/2012

Experience: Experienced in all aspects of immigration and nationality law.

Ask this Expert a Question >
Customer replied284 days and 23 hours ago.

Dear LL


I havent posed a question in a while and when i did i notice that it didnt log anywhere so i am going sending it here. My gf will be visiting from Canada and will request a 6 mos visitor visa. I work as a caregiver and have done so for the past 14 yrs with the same woman....she has mobility issues and is needing more assistance... i would like to know if my gf can stay betond her 6 mos visitor visa and with planning apply for a I-765 Application for Employment Authorization. My employer said she is willing to hire her as my assistant if she can do so legally. My question is: can she work as my assistant, if my employer is willing to hire her with the proper work endorsement papers from the appropriate US agency?

If so what does she need to do to make her work legal. She is arriving September 4, 2012 Thank you for any insight and information you can provide us.


Regards Richard

Picture
Expert:  Longhorn Lawyer replied284 days and 23 hours ago.

Hi. Thanks for your question. Unfortunately, site rules require you to ask it as a completely new question.

Please do so, and request that I answer it. Thank you.

 
Tweet

2 Immigration Lawyers are Online Right Now

Ask Your Question Now
Immigration Law Questions Date Submitted
i am a J1 visa holder and ive been here in America for a 1 5/16/2013
Going to visa interview without court documents 5/12/2013
Judith..I went to Nicaragua after being approved advance parole 5/5/2013
Hi sir,I am an Iranian ChristXXXXX XXXXXving in Belgium (I have 5/5/2013
Hi,I am getting a contract opportunity in US. I am eligible 5/3/2013
Green Card 4/26/2013
Hello, I am seeking advice on my work visa. My company 4/25/2013
How do I get a student Visa for my 7 and 6 year old kids to 4/24/2013
Dear Sir My L 1 Visa expires on the 30th April 2013. I have 4/24/2013
HI I have a brother in law in Mexico he is 15yrs old and my 4/21/2013
RSS
Next 10 >
Ask an Immigration Lawyer
Type Your Immigration Law Question Here...
characters left:

Top Immigration Law Experts

See More Immigration Lawyers

JustAnswer in the News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
 
 
 

Recent Articles in Immigration Law

  • Questions about Passport Renewal Rules
  • Questions on Misrepresentation Laws
  • Questions about K1 Visa Process
  • Questions about Temporary Visa
  • Questions about Lost Green Card
  • Cease and Desist Notice Related Questions
  • Questions on Breaking a Lease Agreement
  • Questions on Division of Property
  • Suspension of Deportation
  • USCIS Questions
All Immigration Law Articles
 
 
 
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask an Immigration Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
168 Immigration Lawyers are Online Now
Type Your Immigration Law Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us | Our Network
© 2003-2013 JustAnswer LLC
  • Pearl.com
  • JustAnswer UK
  • JustAnswer Germany
  • JustAnswer Spanish
  • JustAnswer Japan