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Does USCIS care about the time between marriage cert and the filing of the I485?

New York, NY |

My fiance will file a marriage certificate abroad tomorrow, and she is going to come in to the states on Aug 1st to file i130 and i485 F2A. The marriage certificate will be from another country but will be translated and notorized. Would it be found suspicious that two dates are so close together? Also she will come in to the US with OPT.

Thank you.

Attorney Answers 3


  1. If CBP learns that she is married to a permanent resident, they likely deny her admission to the U.S. or offer her the opportunity to withdraw her application for admission. Rather than worry about the gap between the date of the marriage certificate and the date of filing for adjustment of status, you should be concerned with your ffiancée's pre-conceived intent to enter the U.S. as a non-immigrant and filing to Adjust Status upon arrival. Assuming she get admitted by CBP, the Adjustment application would likely be denied on the ground that she committed fraud by concealing her true motive for entering the United States, which was to file for permanent residence. Consult an immigration lawyer immediately.

    IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website: http://www.superlawyers.com/about/selection_process.html.


  2. Consult a local immigration lawyer in private before you do any such thing.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  3. while there are exceptions to the 30/60/90 rule for immediate family based petition, it is best to consult with an attorney.

    Tel. 617.221.3030 (lawyer of Worcester, Quincy, NY) www.severowang.com If you find the attorneys' answers are helpful, please thank the attorneys by marking their answers "helpful" or "best answers" so that they can get their credit from AVVO. The attorneys donate their time on AVVO to answer legal questions for free merely contribute their legal advice and do not create any legal representation relationships.

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