1. The Marriage Must Be In Good Faith
One of the most important things that you must prove to USCIS is that your marriage was entered in good faith.
If USCIS determines that the marriage was entered into only for purpose of gaining immigration benefits, they will deny the application. Denial of the application may result in the initiation of deportation or removal proceedings.
IMPORTANT
You will have to submit sufficient documents and proof that your marriage is really a good faith marriage.
2. The 30/60 Day Rule
The Department of State developed a ’30/60 day rule’ to help consular officers determine if someone has committed visa fraud. Under the rule, if an individual is applying for a visa at the Consulate and has previously filed for Adjustment of Status or another change in nonimmigrant status within 30 or 60 days of entry in the US, preconceived intent is assumed.
This rule has, in some ways, been adopted by USCIS in the adjudication of Adjustment of Status applications. This ’30/60 day rule’ makes it risky to apply for change of status or marriage based adjustment of status within 60 days of arriving in the US and harmful within 30 days of arriving.
People who commit visa fraud can become permanently ineligible to enter the US or receive immigration benefits. That is why it is important to know about this rule and to understand how it works before you get married and apply for adjustment of status.
DID YOU KNOW?
If a person violates nonimmigrant status or files for a change of status or adjustment of status:
1.Within 30 days of entry, the person is presumed to have misrepresented his/her intentions at the visa interview.
2.Between 30 and 60 days of entry, there is no presumption of misrepresentation, but the burden is on the applicant to prove that there was no misrepresentation.
3.After 60 days, there is no presumption of misrepresentation (arguably, the burden would shift to the government to prove there was any misrepresentation if it is alleged).
3. Timing of The Wedding
The timing of your wedding may raise red flags for USCIS when examining your case.
If you are married too soon after entry and later apply for Adjustment of Status, it may be assumed that you entered the US with preconceived intent, despite filing the Adjustment of Status application after 60 days.
If you are entering the U.S. with the intention of getting married and then returning to your home country, the timing of your wedding in relation to your entry is largely irrelevant.
4. What Happens If Adjustment of Status Is Denied?
The possibility of being denied for an adjustment is very real, so you and your spouse must both be prepared for any eventuality.
If you came to the U.S. as a visitor and your adjustment of status is denied, USCIS may refer you to Immigration & Customs Enforcement to begin the process of removal, or ‘deport’ from the country. It is important to remember that if you entered the country as a Visa Waiver applicant, you may not have the right to argue your case in front of an immigration judge.
DID YOU KNOW?
1.The reasons for denial of adjustment of status are not limited to lack of evidence that the marriage is bona fide, or you did not enter with a preconceived intent to marry and remain in the U.S. Reasons for denial may include a person’s health, criminal history, or previous sanctions.
2.If the immigration officer does not find that you entered into a fraudulent marriage you can always seek your immigrant visa through the consulate in your home country.
