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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28188
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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My fiancé is coming here next month we want to get married

Customer Question

my fiancé is coming here next month we want to get married what are the requirements
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.
Hello, my name is Judith. Thank you for this opportunity to answer your questions. I have 34 years experience as a licensed immigration attorney.
Congratulations on finding love!
30/60/90 DAY RULE
There is a 30/60/90 day rule if applying for adjustment to resident status here based on the marriage. If you marry within 30 days there is a presumption you entered with a fraudulent intent - ie to remain here permanently. If you marry after 60 days there is a rebuttable presumption that you did not intend to remain here permanently (such as applying for a marriage license within the 30 days - the govt could rebut the presumption of no fraudulent intent). If you apply for a license and get married close to or after the 90 days there is no presumption of fraud, if you came intending to go back home, and found after spending significant time together you were inseparable and decided to get married close to the 90 days, well life plans change - and you would not be considered to have lied upon entry.
http://www.state.gov/documents/organization/87011.pdf
So it is best to wait at least 60 days before applying for the marriage license.
He will need passport to apply for the license. He will be given a waiver for a social security number because he is not eligible to obtain one.
You will need your birth certificate and SSN card or your passport. when applying for the marriage license.
Do not apply for the license until at least 60 days.
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Judith

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