Marriage quickly after re-entering the US

[snivvel 0]

Hello,

if someone has an F1 visa (and has been in the US for two years, going to school etc.), travels abroad/home for a few weeks, comes back, and then shortly after coming back (a week within re-entry) gets married, is this going to be a problem? Does intent matter (whether the couple decided to get married before coming back, or after coming back)? Some clarification please.

Thanks!

Edited February 18, 2010 by snivvel

[EstebanTrabajos 7]

Hello,

if someone has an F1 visa (and has been in the US for two years, going to school etc.), travels abroad/home for a few weeks, comes back, and then shortly after coming back (a week within re-entry) gets married, is this going to be a problem? Does intent matter (whether the couple decided to get married before coming back, or after coming back)? Some clarification please.

Thanks!

No, it doesn't matter. I was in the same boat; F-1, american girlfriend, went back and forth to/from Mexico and I'm about to lift conditions.

What matters is if you decided to get married while being away and still the F-1 student entered the US with the intention to stay permanently. The intention when crossing the border is what matters. The idea of getting married in the future to your American sweetheart is not wrong but actual plans to get married and still leaving the country and coming back is what is wrong.

Edited February 18, 2010 by TävôLuDô

[Luckygoat 2]

If you leave the united states to go back home, and you know that when you re-enter the US your intentions are to get married, then there is a problem. If you left the US and you know you want to get married then you should have applied for a fiance visa before entering. From you statement its obvious that you knew you was getting married when you enter the US. Just don't let the immigration officer know that because it is fraud.

[snivvel 0]

If you leave the united states to go back home, and you know that when you re-enter the US your intentions are to get married, then there is a problem. If you left the US and you know you want to get married then you should have applied for a fiance visa before entering. From you statement its obvious that you knew you was getting married when you enter the US. Just don't let the immigration officer know that because it is fraud.

Not so fast Neither was that my case, nor did the person referenced in my post intend to get married when returning from vacation. I just wanted to know how the short time span from return to marriage looks like in the eyes of immigration officers.

Thank you for your inputs though!

Edited February 18, 2010 by snivvel

[Brother Hesekiel 2,235]

30 Days. That's the magic number. More precisely, if somebody up to 30 days of entering the US gets married, the default assumption is that there was intent beforehand, meaning they will most likely ask some detailed questions. After 30 days, this turns around and the assumption is to believe the applicant that this was not planed beforehand.

It's in no book I know of, so and please don't ask me why that's the way the cookie crumbles, as I don't know. I'm just telling you what I learned from Mr. Shusterman, one of the most respected immigration attorneys in the US, who, at some radio show, gave exactly this answer to a caller.

[edsalbo 0]

30 Days. That's the magic number. More precisely, if somebody up to 30 days of entering the US gets married, the default assumption is that there was intent beforehand, meaning they will most likely ask some detailed questions. After 30 days, this turns around and the assumption is to believe the applicant that this was not planed beforehand.

It's in no book I know of, so and please don't ask me why that's the way the cookie crumbles, as I don't know. I'm just telling you what I learned from Mr. Shusterman, one of the most respected immigration attorneys in the US, who, at some radio show, gave exactly this answer to a caller.

I was wondering the same thing as snivvel, i was also for almost two years in the usa and my gf and i have been together more than a year, i came back to my country to fix some things and i wanted to know : if i get married when going there again will they take into account the period of time since i arrived the second time or will they take into account all the time (2 years) i was there the first time til the time of marrige?