Do you think your marriage can be proven as the visa fraud? Yes, it’s true! If you go on tourist visa to the US and solemnize wedding shortly, you may be alleged with the charges of visa fraud.
The USCIS (or United States Citizenship and Immigration Services) is a pivotal entity that looks into visa related matters in America. If any individual enters with the evil intentions of porting his/her status through marriage with the native, the doer may be considered as the defaulter. Although it would be a coincident yet the drawn message would be negative. Therefore, the expats must be aware of the following facts to get off the severe consequences or deportation due to wedding.
- Good intentions behind marriage: As told above the USCIS is the apex authority to keep an eye on the immigration matters. If it identifies that you have arrived there with wrong intention of getting green card or US citizenship, it can initiate the process kick you out.
- Remember ‘30/60 day’ rule: It’s the fraud detecting rule of the USCIS. The rule was constituted after deep observation of the expats doings. This rule puts such people under scanner who apply for visa subsequent to application for Adjustment of Status. How can a person preconceive the idea of adjustment of status before immigration! The adjustment of status between 30 and 60 days of arrival can push the trigger of suspicion for the USCIS. Resultantly, the culprit can face off permanent denial of immigration & its benefits to the US.
- Wedding time: Reverse to the aforementioned rule, the petition for adjustment of status shortly after marriage would be assumed as premeditated act. Despite submitting CENOMAR and fulfilling all necessities, your intention would be considered suspicious. Although you file for adjustment of status after mandatory 60 days yet you fingers would be pointed at you. It is so because you solemnized marriage within short duration post entry to the US.
- Adjustment of status can be denied: The adjustment of status would be rejected due to these reasons:
- Filing for change in the status shortly after entry to the US.
- Filing for changing status pre-entry to the US.
- Illness
- Criminal background.
- Previously sentenced.
- Sanctioned in the past.
- Can’t leave the US immediately after marriage: It’s mandatory to apply for change in the status once you wed with the US native. Legally, you would be eligible to get green card or advance parole. But the fear of being convicted can let you leave the country immediately after wedding. You can’t file for it till 60 days.
Bear in mind that you can’t leave the US without getting advance parole or green card. If you do so, your entry to the US would be permanently banned. And your spouse has to live outside the country and re-apply for the green card within one year.
- Equip with all proofs: The US rules-book does not state any rule that you can’t return to your country after marriage. So, you must be ready with all the proofs, like lease agreement, letters from employer, return ticket or the evidence from your spouse that the immigration was pre-conceived.
