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Question:Do I have to postpone my wedding to comply with the…

Question:Do I have to postpone...
Question:Do I have to postpone my wedding to comply with the new 90-days guideline?Situation:I'm a US citizen, marrying a mexican national. She is in the US with a F-1 visa since Sept 2017. We live together, I'm her financial support on her F-1 visa.She has travel to Mexico several times since Sep'17. She has Global Entry and enters with her F-1.The 90 days start on her LAST entry or on the FIRST entry or when the visa was approved?We want to get married this month.Should we postpone until 90 days after her last entry?Thanks
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Answered in 5 minutes by:
3/15/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,316
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Sorry for the delay. I just ask that if the news is not good that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

When was her last entry into the U.S.?

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Customer reply replied 4 months ago
She is in Mexico now, coming back Sunday March 18. We have the wedding planned for March 27. Then she leaves again June.

Not good. They are cracking down on people that use tourist visas when they really have immigrant intent. Take a look at this link:

http://www.nafsa.org/Professional_Resources/Browse_by_Interest/International_Students_and_Scholars/DOS_Expands_Presumption_of_Misrepresentation_Rule_to_90_Days/

If she is lucky enough to get in, then to avoid her being slapped with a visa fraud charge and needing a waiver, you should wait at least 90 days before marrying. To truly be safe, you should just file a K-1 for her, but I know that you won't do that because that means it would be 6 to 9 months that she will not be able to visit the U.S. I did need to warn you of the dangers, though. If they stop her and figure out her intent, one of three things could happen:

a) They will allow her to withdraw her request to enter the U.S. and she can go home, no penalty.

b) They will not allow her to withdraw her request to enter the U.S. and will order her excluded. This has a 5 year penalty that she cannot come back unless she gets a very hard to get waiver.

c) They will not allow her to withdraw her request to enter the U.S. and they catch her in a lie and they exclude her with a permanent bar due to fraud and/or misrepresentation and with that charge she cannot come back unless she gets a very hard to get waiver.

So just be careful.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Customer reply replied 4 months ago
I understand the dual intent problem and consequences, I guess my question is: Which entry they consider for the 90-days rule?
All the documentations talk about the "entry date" but not which entry date in case of multiple entries.
We can argue she has been a student for 7 months, that facts that she goes for a weekend to Mexico can't change that. Or does it?
Thanks

It's the last entry, so it will start from this Sunday. Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,316
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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Let's stick here:

So after the 90 days after her last entry, we get married and file for adjustment of status.
Does she has to maintain her F-1 until the adjustment is approved? This is, does she still needs to be register in a school as a full time student?
At what point she doesn't need to be studying and be here legally?

She technically does not have to maintain F-1 status after the I-485 is filed, but it is a good backup to have, Just in case.

Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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