I came here on a student visa five years ago.
One year ago I married a US Citizen in NYC. A few months after marrying here we married again in my home country.
I then came back to the US on my student visa. After coming back we decided that we wanted to live together in the US forever and I would not return home when my studies were completed, we initially thought my wife would come with me to my country. We therefore filed a greencard application 65 days after I entered on my student visa.
I just read an answer to another question on this site saying that if you get married within 60 days of entering the country you will be accused of visa fraud. I was just given EAD and am awaiting interview. Do I have an issue because I was recently married to a US Citizen when I entered?
No, that will not be a problem, don't worry. Many of my clients are in the same situation and their spouses who do not Intend to remain in the US other than a visit, but while here, change their minds and file for a green card. You'll be OK, don't worry.
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.
Consult with an experienced immigration attorney who should gowith youto your interview. There are a number of issues that need to be addressed. I recommend Mathew Kolken in New York.
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
You will likely not have any problem but I suggest that you hire a good lawyer to attend the interview with you. Many things can go wrong at an interview and you can be taken advantage of without even realizing it. The immigration service has their own lawyers and you should too.
It sounds to me like you got married here in the United States, years after you originally came on a student visa. Even if your marriage in the U.S. was not civil, but rather religious (which alone is not recognized for immigration purposes), you still should be fine. Fact is that you did not enter with any intend to deceive from what you describe.
As some of my other colleagues have suggested, however, you should consult with an immigration attorney and have him or her accompany you to the interview, just to make sure you're covered. Most USCIS officers will see there is no issue, but you always run the chance of ending up with one who has a hangup about marriage cases.
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You should not have a problem. USCIS may raise the issue if you were married within 60 days of entering the U.S. That means if you got married on day 1, 2, 3, ... 58, 59, or 60. Day 65 is after the 60th day.
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