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Visa Fraud and Entry While Married to a US Citizen

New York, NY |

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?

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Attorney answers 6

Best Answer

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.



Thank you for your kind answer. This was causing a lot of stress. I thought lawyers were supposed to be precise with language. It's not helpful when another attorney posts "within 60 days" when they really mean "60 days after". We were married less than 60 days before entry but not afterwards. I am not a native English speaker but where I went to school I was taught that "within" means either "before" or "after", perhaps that is my mistake but it really casued us so much stress to read that. If your esteemed colleague meant "60 days after entering the us" why did she say "within" and not "after 60 days" and save people a lot of stress and worry. Ugh!!! At least one of you truly cares!!! Thank you so very much, we can now sleep tonight!!! If we have problems we will call you and pay you for your time.

Giacomo Jacques Behar

Giacomo Jacques Behar


I am so sorry that one of my esteemed colleagues gave you such a hard time. I am convinced it was not intentional. In any event, I'm glad to have cleared the confusion. Thank you so much for your vote of confidence! Please give a "helpful" vote to my most esteemed colleague from the lone star state of Texas, who also spent considerable time writing you an answer.


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.

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 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: